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.