Press release: Director banned for making cold calls to sell call blocking devices

The Secretary of State for Business, Energy and Industrial Strategy accepted a disqualification undertaking from Leah Kimberley Masters, disqualifying her for six years.

The company was telephoning people to sell a call-blocking device to stop unsolicited calls.

They failed to comply with the rules under the Privacy and Electronic Communications Regulations, resulted in at least 382 unsolicited marketing calls being made to members of the public who were registered with the Telephone Preference Service (TPS) and who had not consented to receive such calls.

In December 2013, the Information Commissioner’s Office (ICO) informed CCEL that it had received complaints from individual subscribers to TPS that they had received unsolicited marketing calls from CCEL. As a result, CCEL were asked about their compliance with the regulations.

In January 2014 the company informed the ICO that it had purchased the data it used to make the calls from a third party and had not itself screened the data against the TPS. The Company suggested that it would put in place further measures to ensure a reduction in complaints regarding unsolicited marketing calls. The ICO placed the company under a 3 month monitoring period, during which time complaints continued.

Following a meeting in August 2014 the company was placed under further monitoring but after an initial improvement complaints continued to be made. Between 14 June 2013 and 31 March 2015 the TPS received 382 complaints. A notice of intent to issue a monetary penalty was issued to CCEL by the ICO in July 2015.

In September 2015 a fine of £75,000 was issued against CCEL for making unsolicited marketing calls to sell cold calling devices.

The fine was not paid by the due date (15 October 2015) and as a result the ICO issued a winding up petition against the company which led to the company entering into voluntary liquidation proceedings on 8 December 2016.

The Insolvency Service is continuing to work very closely with the ICO to take action in cases where these breaches are discovered.

Commenting on the disqualification, David Brooks, Chief Investigator at the Insolvency Service, said:

This is a serious case where the actions of the director and the company have caused distress to members of the public in contravention of UK and EC regulations.

This ban reflects the seriousness of these actions and the robust stance that the Insolvency Service will take against those whose conduct falls below accepted commercial standards.

Andy Curry, Enforcement Group Manager at the Information Commissioner’s Office, said:

The people behind nuisance calls cause upset and distress and we’re in the business of cracking down on them.

We will pursue all options in the event of unpaid fines, and work closely with other regulators such as the Insolvency Service and Claims Management Regulator. The disqualification of a director behind a nuisance call firm is another welcome step in the fight.

Leah Kimberley Masters is of Chichester and her date of birth is January 1984.

Cold Call Elimination Limited (Co. No. 08388416) was incorporated on 5 February 2013 and traded as a Telephone Marketing Company at Suite 1 Metro House, Northgate, Chichester, PO19 1BE. Leah Kimberley Masters was the sole director of the company.

The company utilised data obtained from a third party to market an electronic call blocking device that would allow vulnerable people and others to block nuisance calls.

A number of complaints to the Telephone Preference Service and the Information Commissioners office led to contact between the company and the ICO. Following a meeting held in August 2014 between the company and the ICO, concerns regarding the call data, the data suppliers used by CCEL and the outbound calls scripts used were discussed.

In July 2015 the Company received notice from the ICO of their intention to impose a fine of £75,000. The company attempted to appeal but the fine was upheld and in September 2015 the fine was formalised.

In October 2016 the Company became aware of a winding up Petition presented by the ICO for the unpaid fine, and as a result of advice received entered into voluntary Liquidation on 8 December 2016.

At Liquidation the company had assets of £14,000 and liabilities of £145,958 of which £75,000 was due to the ICO.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, 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, and how to complain about financial misconduct, is available.

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:




Press release: Bradford directors disqualified over purchase of gold bullion

Dr Gul-Nawaz Khan Akbar, Mumtaz Khan Akbar, Rab Nawaz Khan Akbar, Fameeda Akbar and Kauser Akbar have been disqualified relating to their directorships of Greentabs Ltd (known whilst it traded, as Mumtaz Food Industries Ltd), which traded as a restaurant and food manufacturing plant.

The bans follow disqualification orders made in the High Court in Leeds on 16 November 2017 following an investigation by the Insolvency Service. The disqualifications began on 8 December 2017.

Dr Gul-Nawaz Khan Akbar, the managing director of Mumtaz Food Industries Ltd has been disqualified for 6 years. He failed to act in the best interest of the company by purchasing gold bullion to the value of £976,055 with company funds for his sole benefit whilst creditors amounting to £447,997 remained unpaid.

Dr Akbar’s two brothers, Mumtaz Khan Akbar and Rab Nawaz Khan Akbar were aware of the transaction and allowed it to happen, have each been disqualified for three years.

Dr Akbar’s wife, Fameeda Akbar, and Mumtaz Khan Akbar’s wife, Kauser Akbar, were each disqualified for 2 years for not upholding corporate governance requirements..

Between 30 November 2012 and 11 December 2012 Gold bullion with a value of £976,055 was purchased by Mumtaz Food Industries Ltd. Company board meetings minutes show that it was agreed by Dr Akbar, Mumtaz Khan Akbar and Rab Nawaz Khan Akbar that the title to that gold would pass solely to Dr Akbar via the use of an Employee Benefit Trust.

Prior to the purchase of the gold bullion, £447,997 was owed to six unassociated creditors, which Mumtaz Food Industries Ltd failed to pay and which remained outstanding at the time of liquidation.

Towards the end of 2012, Mumtaz Food Industries Ltd’s trade was scaled down and on 24 May 2013 it entered into voluntary liquidation with an estimated deficiency of £805,630.

Commenting on the disqualifications, Robert Clarke, Group Leader of Insolvent Investigations North at the Insolvency Service, said:

Directors who put their own personal financial interests above those of creditors, or who fail to take their directorial responsibilities seriously damage confidence in doing business and are corrosive to the health of the local economy.

It sends a clear message to other company directors that if you run a company in a way that is detrimental to either its customers or its creditors you may be investigated by the Insolvency Service and as a result removed from the corporate trading environment.

Dr Gul Nawaz Khan Akbar’s date of birth is July 1960.

Mumtaz Khan Akbar’s date of birth is February 1959.

Rab Nawaz Khan Akbar’s date of birth is January 1972.

Fameeda Akbar’s date of birth is November 1967.

Kauser Akbar’s date of birth is August 1967.

All of the directors reside in Bradford.

Greentabs Ltd (CRO No 03484420) formerly known as Mumtaz Food Industries Ltd was incorporated on 22 December 1997 and traded from premises in Great Horton Road, Bradford, W Yorks, BD7 3HS as a restaurant and food manufacturing plant.

Dr Gul Nawaz Khan Akbar and Rab Nawaz Akbar were appointed directors from incorporation until the liquidation of the company. Mumtaz Khan, Fameeda and Kauser Akbar were appointed on 7 April 1999 and continued until the Liquidation of the company.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company

  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership

  • be a receiver of a company’s property

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, 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, and how to complain about financial misconduct, is available.

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:




Press release: Husband and wife bosses of Morden fish and chip shop disqualified

The Secretary of State for Business, Energy and Industrial strategy accepted disqualification undertakings from Tuncay Saglam (51) and Leyla Saglam (50) meaning neither shall not be a director of a company whether directly or indirectly, or be involved in the management of a company in any way for seven years unless they have permission from court.

The disqualifications follow collaboration between the Insolvency Service and HMRC, whose investigations established that Mr and Mrs Saglam caused or allowed the company to submit inaccurate statutory VAT returns to HMRC by the deliberate suppression of sales income being to their benefit.

An in depth HMRC investigation revealed that the company had failed to record all of its cash takings and had therefore under-declared the VAT. As a result, HMRC raised a VAT assessment including interest and civil penalties of over £168,000. Additionally, HMRC also reassessed the company’s Corporation Tax liability to be in excess of £210,000 and raised Corporation Tax penalties in excess of £141,000.

At liquidation, HMRC stated that the company owed in excess of £545,000 in relation to arrears of VAT, PAYE and National Insurance Contributions, and Corporation Tax.

Commenting on the disqualification, Lawrence Zussman, Deputy Head of Investigations with the Insolvency Service said:

The periods of these disqualifications sends a clear message to other company directors that tax abuse of any kind, particularly when it comes to suppression of cash takings by directors will not be tolerated.

Defrauding the Exchequer of taxes, deprives the public services of much needed funds required to ensure the public receives the services it rightfully deserves.

The Insolvency Service will therefore not hesitate to take action against directors so they cannot abuse limited liability provided by trading through a company.

Tuncay Saglam (date of birth January 1966) and Leyla Saglam (date of birth December 1967), both of London, were directors of Mr Cod Morden Ltd (Company No. 06649655), which was incorporated in July 2008. Mr and Mrs Saglam have been disqualified for a period of 7 years each from 5 January 2018 having given undertakings to the Secretary of State for Business, Energy and Industrial Strategy.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a [range of other restrictions]( https://www.gov.uk/government/publications/corporate-insolvency-effect-of-a-disqualification-order

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, 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, and how to complain about financial misconduct, is available.

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:




Press release: Dstl Launches 2018 Apprenticeship Scheme

Following on from last year, Dstl has continued to expand its apprenticeship scheme, this year offering opportunities for 18 year olds and beyond. This includes the chance to gain a degree and other qualifications while in employment, with a competitive salary and 25 days paid annual leave.

Jade Ward, Dstl’s Apprenticeship Adviser said:

“Dstl has a proven track record of successful apprenticeship programmes. We offer a pathway to earn while you learn while gaining real hands-on work experience without the debt of going to university. We are proud to offer these opportunities supporting the Government’s 2020 vision of getting up to three million people enrolled on apprenticeship schemes across the UK.”

26 year-old Louise, a first year electrical engineering apprentice, said:

“I have just started my apprenticeship with Dstl and I am thoroughly enjoying it. I was not academically inclined at school, and so was a little concerned, but I have not once felt that I cannot keep up – the tutors are really great and I definitely don’t feel disadvantaged.”

Dstl employee 20 year-old Zac said:

“I have recently graduated from the apprenticeship and have secured a permanent job. Throughout the apprenticeship I learnt lots of new techniques and skills, which gave me a good foot in to the group I am now working in.”

The Dstl apprenticeship scheme is a mix of formal classroom-based study alongside practical hands-on training in our workshop, laboratory and office facilities.

Apprentices are based at sites in Porton Down, near Salisbury and Portsdown West, near Fareham. Dstl has a diverse, inclusive workforce and welcomes applications from all backgrounds to apply.

To find out how to register visit Dstl Apprenticeship Opportunities




Press release: Charity Commission issues official warning over governance failures

The Charity Commission has issued an official warning to the Islamic Trust (Maidenhead) after finding misconduct and mismanagement in the administration of the charity.

The Commission opened an inquiry into the charity in April 2017 after its trustees failed to file its statutory returns for 2016 on time. This is despite having previously been part of the Commission’s class inquiry into double defaulters and providing assurances to the Commission that they would not default again.

The Commission subsequently issued an order under section 84 of the Charities Act directing the trustees to prepare and submit the outstanding statutory returns, and explain what steps had been taken to prepare them. The trustees complied in full with the order and the outstanding statutory returns were submitted in May 2017.

As part of the inquiry, the Commission met with the charity’s trustees and inspected the charity’s books and records. The Commission identified a number of deficiencies in the charity’s governance which are set out in the report published today.

The inquiry concluded that the trustees did not properly discharge their duties under charity law. In December 2017 the Commission used its regulatory powers to issue the charity with an official warning under section 75A of the Charities Act. The warning sets out that the trustees must take all reasonable steps to ensure that future statutory returns are submitted on time.

The Charity Commission’s Director of Investigations, Monitoring and Enforcement Michelle Russell said:

Keeping detailed financial records and filing accounts on time, in addition to being a legal requirement for charities with an annual income over £25,000, is crucial to being able to evidence your charity’s effectiveness to donors, beneficiaries and the regulator. It’s also necessary to show that charitable funds are being spent on legitimate causes. In this case there were clear failings in the charity’s financial management and overall governance, despite receiving previous advice from the Commission as part of our double defaulters class inquiry.

The trustees also failed to keep records of their wider decision-making which meant they were unable to show that they acted reasonably, in the best interests of the charity and took advice where appropriate.

The full inquiry report is available on GOV.UK

Ends

Notes to editors

  1. The Charity Commission is the regulator of charities in England and Wales. To find out more about our work, see the about us page on GOV.UK.
  2. Search for charities on our check charity tool.
  3. The duty to file accounts and the trustees’ annual report with the Commission applies to all CIOs, irrespective of income and to all other registered charities whose gross yearly income exceeds £25,000.