Kevin Rogers-Davison, a de-facto director of Delete (UK) Ltd, based in Manchester, has been disqualified from acting as a company director for 6 years for causing the company to trade in breach of the statutory obligations governing its operation.
An investigation by the Insolvency Service discovered that Kevin Rogers Davison had acted in the management of Delete UK Ltd whilst not appointed as a director and failed to make sure the company operated in a clear, transparent and fair way and not mislead its customers.
Mr Rogers-Davison, aged 35, has given an undertaking to the Secretary of State for Business, Innovation and Skills, not to be a director of a company, or be involved in the management of a company in any way for 6 years from 5 December 2014 , without leave of the court.
Delete (UK) Ltd was formed in May 2007 and operated latterly as a claims management company, regulated by the Ministry of Justice. On 01 December 2010 the Ministry of Justice suspended the company’s licence to trade in the claims management industry as a result of its misleading trading practices. The company was placed into Voluntary liquidation on 16 December 2010
The company cold called customers and in return for a fee, offered to wipe out their credit card debts if it was discovered that the initial credit agreements had not been implemented correctly.
The company promised that their fees would be refunded if the original credit agreement was deemed to be correct.
In spite of these promises, the company failed to provide adequate refunds for unsatisfied customers, or assist with additional contact with the credit companies and failed to ensure that the whole claim process took less than 60 days as promised in its sale literature. Delete also failed to provide clear documentation to customers to make them aware which company they were dealing with which prevented many customers from applying correctly for a refund.
As a result of these breaches, members of the public paid Delete for a service many of them did not understand.
Customers of the company have claimed for a total of £28,847 in the liquidation and the Insolvency Service is aware of a further £73,488 outstanding to dissatisfied customers who took the decision not to claim in the liquidation.
Commenting on the disqualification, Sue McLeod, a Chief Investigator with the Insolvency Service said:
This is a sad case in which the director’s actions caused considerable losses and hardship to vulnerable members of the public.
This disqualification should serve as a reminder to others tempted to operate in a misleading way that the Insolvency service will rigorously pursue enforcement action and seek to remove them from the market place to protect the public for a lengthy period.
Notes to editors
Kevin Rodgers-Davison is of Altrincham and his date of birth is 17 May 1979.
Delete (UK) Ltd (CRO No. 06248515) was incorporated on 15.May 2007 under the name Recover Charges Ltd. It changed its name on 4 March 2010. Delete UK Ltd was subject to Creditors’ Voluntary liquidation on 16 December 2010. Kevin Rogers-Davison signed the Disqualification undertaking on 14 November 2014.
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
- act as an insolvency practitioner
- be a receiver of a company’s property
In addition many other restrictions are placed on disqualified directors by other regulations.
Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.
Further information on director disqualifications and restrictions is available.
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. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency 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, and how to complain about financial misconduct, is available.
All public enquiries concerning the affairs of the company should be made to: Insolvent investigations, 2nd floor, 3 Piccadilly Place, London Road, Manchester M1 3BN.
Published: 13 February 2015
From: The Insolvency Service