Any Legal Eagles Here?, I could be in the sh*t

[pgm]

today found out that i am listed as a director of a company i have never heard of based in brighton - it is an import/export company.

The listing has changed my home address with companies house and contains my exact date of birth and qualifications, so our own company has a listing of me living in brighton

Anyway, I'm on the scrounge if anyone knows where to point me in the right direction - the police and companies house have been informed

surprisingly, police dont want to know, but i have a crime no and companies house can only write to the import/export company to ask if they have made a mistake and after two attempts with no reply i can then obtain a court order to remove myself at ££££££££

going to get a brief/citizens advice asap

What a f*cking world

Thanks in advance
Paul

[pdV6]

Under the Data Protection act, can't you get CH to show you a copy of the form you "must" have signed in order to register the fact that you're a director of said company?

[pgm]

yes, got a copy of that and it wasnt my signature on there, but all my details - dob, qualifications are exact!

also got the annual returns etc etc

[judas]

See a solicitor pretty sharpish. Any company that puts some random person on the board of directors has to be up to no good, and as a director who knows what you could be liable for - loan guarantor springs immediately to mind. Yes, it will cost you but no where near as much as it will cost to sort the mess out if they've set you up as a fall guy when they disappear with a heap of someone else's cash

[HiRich]

Given the business type, this sounds very dodgy.

Good call to get a crime number. I would be suspicious that this is part of something larger, either identity theft for you, or a supplier scam (when they run off with the goods, the supplier comes chasing you). I would particularly suggest that you create a paper trail.

Write to your bank, and ideally have a meeting with the manager as well. Make a clear statement that you have no involvement or knowledge of the company, and to contact you in case of any odd transactions or account activities (e.g. change of address). Ask them for advice in terms of "closing down" any other potential sources of credit. You might also consider contacting the credit rating agencies. Although the system is not meant for this, it might be possible to place a comment on your credit record (there is a special term for this but I can't remember).

Of course, it could just be an accident or error, but I would suspect that a fraudster banks on you not realising, and if you do, not closing down their opportunities quickly enough.

[2 Smokin Barrels]

Have you searched to make sure you're not a director of some other companies too?

(I've just searched & found one bloke with the same name as your profile registered to three companies)

>> Edited by 2 Smokin Barrels on Monday 23 May 20:28

..and searched the other directors/shareholders of said company!

>> Edited by 2 Smokin Barrels on Monday 23 May 21:05

[tuffer]

What site are you using to search for names? I can search for company names under the Companies House site but not director names.

[2 Smokin Barrels]

I subscribe to xxxx.com. Can search companies, directors etc. Can also cross reference directors to companies.

>> Edited by 2 Smokin Barrels on Monday 23 May 21:10

[pgm]

Thanks everyone for all the advice - I will be following it all and a decent solicitor is my next call.

I will be also visiting the office adress of the company and the address where i am supposedly cohabiting with the other director just to see what sort of movements happen with what sort of people happen around there

2smokinbarrels - I really am a director/shareholder of the other 2 companies so no problem there - thats how i found out about it

i reckon the false entry was done to set a company up to bring a refugee into the country

Thanks again
Paul

[HiRich]

Having pondered this overnight, a few more thoughts and ideas for you. First, this still sounds dodgy, although the availability of previous accounts doesn't immediately fit. I can see four scenarios:
- Genuine mistake: finger trouble at Companies House. Have you access to the form 288a (Appointment of a Director) or 288c (Change of particulars)? If these specify you, then this is not the case. Go back to Companies House.
- Someone is pretending to be you: Perhaps a fraud, or a bankrupt. In which case, the Company may be innocent, and interested to find out.
- Company has deliberately faked you: Inevitably this will mean intent to defraud someone and leave you with the resulting mess.
- A more complex fraud is about to be committed on your own companies. Not sure how, but I'll come back to this.

Going legal appears to be the only solution, and I would recommend that contacting the company is not the first priority (why let them know you are on to them?).

Now a couple of sugggestions.

First, contact the Brighton Police (CID? Fraud?) and Trading Standards. Explain the odd circumstances, then ask them whether "within what they are legally allowed to tell you" do they have any reason why you should be concerned.

Second, contact "Working Lunch" on the BBC website. I am sure they recently covered a situation where Company details have been changed by people to enact a fraud (A bit like scenarios 3 & 4). All I remember is that Comapnies House have applied a new service where companies can change details by secure web, and are automatically emailed if any changes are made to records. A different situation, but potentially close enough to what has happened to you. First they should be able to fill you in a bit more on the background, and how the fraud works. Secondly (even if this turns out to be finger trouble at Companies House), they may well want to follow up on the story to alert other viewers (if you haven't seen the show, they are pretty straight, and not Watchdog-style alarmists). They may be able to offer advice, ideas, or perhaps at least razz up the Police, Companies House, or some other body.

I'd be interested to hear the results. Whatever, keep alert to any signs of fraud, either on you personally or on your companies. Make sure your boards, directors, and accounts & purchasing teams are fully briefed on the possibilities, and flag up any odd letters, issues or phone calls.

[pgm]

Thanks for that stuff HiRich - I will report back - c
ompanies house are currently checking their finger trouble and sending me a copy of the 288a also, together with their correspondance to the company

cheers
Paul

[2 Smokin Barrels]

I don't suppose you have a twin brother with the same name? Just a thought.

[pgm]

not so far as i am aware!