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https://singletrackmag.com/forum/topic/appointed-a-director-without-knowing/
My wife received a letter from companies house stating that she'd been appointed as a director of a company based 15 miles away. The address is a Derbyshire County Council address, so guessing they may have a shared 'interceptible mailbox'.
A look on companies house shows two acting officers - my wife is both of them, just adding her middle name for one of them (why did this get past CH in the first place?)
Instantly smelling a scam, I went on clearscore and the day after she was appointed a soft credit search for Director credit was carried out at Barclaycard.
Contacted Barclaycard fraud team, which was hard work with a very tricky language barrier - managed to ascertain that no application had been made in her name at our address, but couldn't get as far as finding out if one had been made at the 'fake address' - will keep an eye on clearscore.
Tried contacting CH, but that is a bit of a convoluted process of form filling that's ongoing.
Contacted Actionfraud and the guy on the phone had me do an online case while I spoke to him. He said as it stood, it was a definite crime that would be investigated. Within hours of completing the call/report, I got an email stating that as we haven't had any funds taken, there was no crime and subsequently no investigation.
So, it's just a case of trying to close the avenues and actually waiting to see if we get ripped off. I've got notes of when we called Barclaycard etc, but the lady couldn't even understand what I was asking for when I asked for a case reference. Seems a bit odd that the UK fraud department should have such a language barrier in place, but I'm sure someone will be along shortly to correct me and call me racist 😉
Frustrating though
Worryingly common, I'll keep an eye out for a dodgy tax rebate claim....
See if you can get a Bounce Back Loan. Free cash! C&H, new caravan. And get yourself on the Business Ride to work scheme.
Brucie Bonus.!
Could the reason why you have come up against walls when contacting Barclaycard, Companies House and Actionfraud be that they are not able to deal with you as you are not the potential victim? Would it yield different results if your wife called them herself?
Could the reason why you have come up against walls when contacting Barclaycard, Companies House and Actionfraud be that they are not able to deal with you as you are not the potential victim? Would it yield different results if your wife called them herself?
Not a factor in any of them. Barclaycard, we have a joint card already and I'm the main cardholder, so had no issues dealing with me - the lady was really pleasant and tried to be helpful, but the language barrier really was one of the worst I've encountered. Maybe it was my Derbyshireness that was the issue lol
CH, is just a form filling process. AF was all done legit, it's simply just not classed as a crime yet
On this...
AF was all done legit, it’s simply just not classed as a crime yet
I am not a lawyer but you might want to look at the CPS guidance here before accepting that response from AF / the Police. Here I believe it would be Section 2 - fraud by misrepresentation. In particular it is the intention that they focus on not the actual making a gain/causing a loss.
https://www.cps.gov.uk/legal-guidance/fraud-act-2006
You would need a loss for a civil remedy against the perp I assume.
why did this get past CH in the first place?
Because they don't check anything and take everything on trust...
Creating companies is easier in the UK than just about any other country.....
If she's a director she can just wind it up?
Because they don’t check anything and take everything on trust…
Creating companies is easier in the UK than just about any other country…..
This ∆∆∆∆∆∆
And it desperately needs to change.
There is so much havoc that can be caused with a limited liability company and yet anyone can create one with no knowledge of the legal obligations that are on them as a director and nowhere near enough checks.
Change is long overdue here (compulsory basic training or suitable professional qualification + a unique ID number) but unfortunately they've just outsourced the aftermath to the private sector and general public.
Watch out for your 11000 VAT demands…
https://www.bbc.com/news/uk-wales-65205520
I'd chase Barclays again. From experience you might get a different answer each time you speak to them.
Financial crime consultant Graham Barrow said
"It looks to all intents and purposes like VAT fraud," he said.
"There's no other reason why you'd register for VAT at a complete stranger's address, particularly for 11,000 companies to do that."
Looks like? Graham Barrow isn't the sharpest tool in the box by the sounds of it, is he, hahah!
Ignore me I’m being stupid
sympathies to the op
If she’s a director she can just wind it up?
I don't think I would and definitely not without legal advice first.
There's a risk that by acting in this manner someone (a liquidator, HMRC) will take a view that you were in fact legitimately appointed so to act in the capacity in which you claim to have had your identity stolen carries a danger that your claim of dishonest use of your personal details is weakened.
There are issues with the potential means by which the company could be dissolved too.
For the OP have you checked the Companies House free record and looked at who is named as the subscribers and or persons with significant control (under People tab) - effectively who are the shareholder(s).
Ultimately I'd guess the authorities need to do their thing but there are some good fraud specialist lawyers out there if you need help.
Surely she contacts companies house informs them he has nothing to do with this so it is fraudulent and she suspects that it may be used for criminal activity.
If nobody GAS within a week I'd go consider winding them up too, it's a long time since I've done one but pretty sure you're able to articulate why in the docs/process.
Can you ask HMRC?