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10 months in prison for non declaration of Bankruptcy


10 months in prison for non declaration of Bankruptcy

Anthony Ramsden-Geary, a bankrupt, was sentenced to 10 months in prison and disqualified from being a company director for six years on 26 September 2013, for obtaining a loan without declaring his bankruptcy status, following a trial at Bournemouth Crown Court.

Mr Ramsden-Geary’s conviction follows an initial investigation by the Insolvency Service and a full criminal investigation and prosecution by the Department for Business Innovation and Skills (BIS).

Mr Ramsden-Geary (44) had already pleaded guilty to five other charges on 23 July 2013, which included:

  • making a material omission in a statement to the Official Receiver contrary to section 291 of the Insolvency Act 1986,
  • two charges for acting in the management of companies whilst an undischarged bankrupt contrary to section 11 of the Company Directors Disqualification Act 1986,
  • two charges in relation to using the prohibited trading name of “Planning Solutions” contrary to section 216 of the Insolvency Act 1986.

The court heard that:

  • Mr Ramsden-Geary was declared bankrupt on 1 October 1993 (in the name David Ramsden) and he was discharged from that bankruptcy two years later.
  • On 3 November 2003, he was made bankrupt for the second time – this time in the name Anthony Ramsden – on a creditor’s petition. As this was his second bankruptcy he was not eligible to apply for discharge until five years after the bankruptcy order. Mr Ramsden-Geary was aware of this restriction but chose not to apply for discharge.
  • On 5 December 2003, a trustee was appointed in Mr Ramsden-Geary’s bankruptcy. Mr Ramsden-Geary failed to answer truthfully to his trustee when asked whether he was employed, as he is required to by bankruptcy law.
  • In addition, in August 2007, Mr Ramsden-Geary obtained credit of £25,000 from a friend who was unaware that he was a bankrupt, ostensibly to be used as deposit to purchase a flat for his parents. No such flat was ever purchased, and although he eventually repaid some of the money, some remains outstanding.
  • He was automatically discharged from bankruptcy on 1 April 2009 under the provisions of the Enterprise Act 2002.
  • In contravention of his bankruptcy status, Mr Ramsden-Geary was managing a company, AHRG Limited, even though his wife was the registered director. The company was put into compulsory liquidation up on 4 February 2009, with debts of £322,022.12.

 

Another company, PS CTP Limited was struck off from the Register of Companies on 5 January 2010 and all the assets and business transferred to Planning Solutions CTP Limited, a company which was incorporated after Mr Ramsden-Geary’s discharge from bankruptcy in 2009.


About The Author

Mark Hodgson

Mark Hodgson is the Managing Director of Tremark Associates, one of the UK’s leading providers of investigative services. Mark has 30 years experience in private Investigations and the commercial debt recovery industries. He is Vice President of the Association of British Investigators, a member of the World Association of Detectives, The Institute of Credit Management and an associate member of R3 -The Association of Business Recovery Profession.


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