Kevin John Moseley
On 08 March 2010, Exeter County Court made a ten year Bankruptcy
Restrictions Order against Mr Kevin John Moseley after he obtained
deposits from a customer both before and after his bankruptcy to
their unreasonable risk and failed to keep any accounting records
of his business as a builder.
Under the terms of the Bankruptcy Restrictions Order Mr Moseley
is restricted from acting as a company director without the
permission of the court. He must also disclose his bankruptcy
restriction when applying for credit of more than £500, and the
name by which he was made bankrupt when seeking to do any business
in a different name.
The order was made after the Court
satisfied itself that the following circumstances of conduct were
made out:
A. During the period 30 November 2008 to 5 January 2009, Mr
Moseley obtained deposits for building work of £15,000 from a
customer and then failed to supply services, which were wholly or
partly paid for.
B. Mr Moseley on 5 January 2009 was adjudged bankrupt and between
this date and 4 March 2009, obtained credit of £6,663 from a
customer by accepting deposits for services to be undertaken at a
future date without declaring that he was an un-discharged bankrupt.
C. For the period 1 April 2004 to 23 March 2009, Mr Moseley
failed to maintain or
preserve any accounting records.
The events leading up to the Bankruptcy Restrictions Order
can be summarised as: -
To view the table of events that
accompay's this release, please follow the link below:
http://nds.coi.gov.uk/ImageLibrary/detail.aspx?MediaDetailsID=1641
Mr Jon McGurk, Exeter Official Receiver, commented:
"The particularly serious aggravating factors in this
case which have led to this lengthy period of restriction include:
a) The level of financial and personal suffering of his customers
caused by Mr Moseley's actions .
b) The overwhelming
nature of his insolvency prior to taking further monies from a
third customer in December 2008.
c) The false statement given
to the Official Receiver's office that he had ceased
trading prior to obtaining deposits from a customer without
disclosing his status as an undischarged bankrupt.
d) The
continued failure to keep records after he was made aware of his
statutory duty to submit accounts after the bankruptcy.
e) The
repeat of similar behaviour from his first bankruptcy, in which
there were serious complaints by his customers and a failure to
keep adequate accounting records, leading to a formal warning
being sent to him.
Notes to editors
1. The Bankruptcy Restriction Order was imposed in Exeter County
Court on 08 March 2010 following inquiries by the Official
Receiver’s Office, Exeter.
2. The Insolvency Service administers the insolvency regime and
Official Receivers investigate all compulsory liquidations and
individual insolvencies (bankruptcies) to establish why they
became insolvent. The Service also authorizes 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.
3. All public enquiries concerning the affairs of the Mr Moseley
should be directed to the Official Receiver Services, Exeter:
01392 889 650 or exeter.or@insolvency.gsi.gov.uk
4. Media Enquiries should be directed to: Ade Daramy, Press
Officer or Lynne Nasti, Press Office Manager, Insolvency Service,
21 Bloomsbury Street, London, WC1B 3QW.
Contacts:
Insolvency Service
nds.insolvencyservice@coi.gsi.gov.uk
Ade Daramy
Phone: 020 7596 6187
ade.daramy@insolvency.gsi.gov.uk
Lynne Nasti
Phone: 020 7674 6910
lynne.nasti@insolvency.gsi.gov.uk