Director of Swansea nuisance call firm gets six year ban

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Ben Michael Winchester, who failed to ensure his company did not make unsolicited phone calls to the public, has been disqualified as a result.

He has given an undertaking to the Secretary of State for Business, Energy and Industrial Strategy, which prevents him from being directly or indirectly involved in the promotion, formation or management of a company for six years from 24 July 2017.

Winchester was the director of Falcon and Pointer Limited from June 2015 until he resigned on 9 October 2015. During that time he failed to ensure that the company complied with the Conduct of Authorised Persons Rules 2014 and as a result the Information Commissioners Office (ICO) received 5,535 complaints about automated direct marketing calls made by the Company. An audit undertaken by the Claims Management Regulator (CMR) in October 2015 further identified that the company was making unsolicited voice broadcast calls.

On 21 March 2016 the ICO issued a fine as a result of the above breaches for £175,000 but this remained unpaid by the date of the liquidation on 3 June 2016.

Commenting on the disqualification, Aldona O’Hara, Chief Investigator at the Insolvency Service said:

Directors who breach the rules made to protect members of the public can expect to be investigated by the Insolvency Service and enforcement action taken to remove them from the market place.

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