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Lancashire father and son banned as directors for a total of 15 years

News Release issued by the COI News Distribution Service on 16 March 2012

Barry Howard Bullen and his son Jonathan Bullen, directors of Managed Online Solutions (MOS) Ltd in Lancashire, have been disqualified for 11 years and four years respectively, following an investigation by The Insolvency Service’s Company Investigation Team, in Manchester.

Barry Howard Bullen and Jonathan Bullen, both of Thornton Cleveleys, have each given undertakings to the Secretary of State for Business, Innovation and Skills not to manage or in any way control a company or be directors until 4 April 2023, and 23 March 2016 respectively.

In signing his disqualification undertaking, Mr B Bullen did not dispute that he: -

· acted as a director of MOS, an IT maintenance provider company, between 24 June 2009 and 28 January 2010, whilst he was disqualified from doing so for a period of three years and six months commencing on 24 June 2009, without obtaining the necessary leave to act from the Court.

· failed to comply with his statutory obligations to make timely returns and payments to H M Revenue & Customs (“HMRC”) for the successive and associated companies of Brett Technologies (Services) Limited (“BTSL”), E-Cuisine Limited and MOS

· caused BTSL and MOS to trade to the detriment of HMRC in respect of VAT, PAYE and National Insurance Contributions between 1 June 2007 at the latest and January 2010. The failure of the three companies resulted in unpaid debts to HMRC totalling £318,135.

Mr J Bullen did not dispute that:-

· he allowed his father to act as a director of MOS between 24 June 2009 and 28 January 2010, whilst not formally appointed and whilst he was disqualified from doing so for a period of three years and six months commencing on 24 June 2009, without obtaining the necessary leave to act from the Court.

· he caused or allowed MOS to trade to the detriment of HMRC in respect of VAT, PAYE and NIC between 17 April 2009 and 28 January 2010.

Commenting on the case, Claire Entwistle, Director of Company Investigations North, said: -

“Directorship is not defined solely by the names listed at Companies House, it is the actions in respect of a company that define who is acting as a director. Where disqualified directors continue to manage the affairs of a company, they will find that the protection of limited liability is not given to them and they may be criminally prosecuted. The Insolvency Service will take action against such people, and also those who allow disqualified directors to act.

Failure to comply with taxation requirements will also be severely dealt with by The Insolvency Service. The protection afforded by limited liability is based on company directors meeting their duties and obligations and if they fail to do so, this protection will be withdrawn.”

Ends

Notes to Editors

1. Managed Online Solutions Limited was incorporated on 10 September 2008 and began to trade in October 2008, operating from premises at Lealta House, Amy Johnson Way, Blackpool FY4 2RP, and entering Liquidation on 28 January 2010. 2. Mr B Bullen was an appointed director of Managed Online Solutions Limited (“MOS”) from 23 October 2008 to 01 June 2009, and Mr J Bullen was an appointed director from 17 April 2009 until MOS entered Liquidation on 28 January 2010. 3. MOS was placed into Liquidation on 28 January 2010, with an estimated deficiency to creditors of £178,655. The company traded as an IT maintenance provider. 4. On 17 February 2012 Jonathan Bullen signed a Director Disqualification. 5. Undertaking banning him from being a director of a company for a period of four years. The undertaking was accepted by the Secretary of State on 2 March 2012 and the period of disqualification will commence on 23 March 2012. On 3 March 2012 Barry Howard Bullen signed a Director Disqualification Undertaking banning him from being a director of a company for a period of eleven years. The undertaking was accepted by the Secretary of State on 14 March 2012 and the period of disqualification will commence on 4 April 2012. 6. Disqualification Undertakings were introduced in April 2001, they are an administrative equivalent of a disqualification order but do not involve court proceedings. Without specific permission of a court, a person with a Company Director Disqualification, including Undertakings, cannot:- Act as a director of a company; take part, directly or indirectly, in the promotion, formation or management of a company, be a liquidator or administrator of a company; or be a receiver or manager of a company’s property. Further information on director disqualifications and restrictions can be found at: http://www.insolvency.gov.uk/directordisqualificationandrestrictions/whatisdisqualification.htm 7. The Insolvency Service administers the insolvency regime investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. The Service also authorises and regulates the insolvency profession; deals with disqualification of directors in corporate failures; assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees; provides banking and investment services for bankruptcy and liquidation estate funds; and advises ministers and other government departments on insolvency law and practice. Further information about the work of The Insolvency Service is available from www.bis.gov.uk/insolvency 8. Media enquiries should be directed to: - Kathryn Montague, Media Relations Manager, 020 7674 6910 or Ade Daramy, Press Officer on 020 7596 6187 Ins12/Coms/020

Contacts:

Ade Daramy
Phone: 020 7596 6187
ade.daramy@insolvency.gsi.gov.uk