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My name used fraudulently as company secretary

Hmrc chasing me for corporation tax

Please help as I don't know where to turn. 

My father set up a few companies in approx 2005/6 and put my name down as company secretary without my permission. This came to light about 6 years ago when hmrc chased me for undeclared income. Ie my father put my "wages" through his books. I was at university at the time and was able to supply evidence to hmrc that I wasn't in the country when he alleged I was working for him. I thought stupidly that would be the end of it, now 6 years on, hmrc is chasing me for corporation tax and penalties for failure to deliver tax returns. One company is in liquidation and the other is in the process of being struck off, according to CH, I have reported the fraud to action fraud, I intend writing to hmrc and companies House. The correspondence address for these companies is my father's mother address  however  the tax and penalty letters have came to me at my mother's address, I just don't know how they got my mother's address. My father has disappeared of the face of the earth and I'm left in this mess. What else can I do to clear my name? Will bailiffs come to my door? 

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07th Dec 2018 22:40

If the companies are about to cease to exist what are you worried about? If it is that you may be personally liable for the companies’ debts you can stop worrying. You aren’t.

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to johngroganjga
08th Dec 2018 12:16

johngroganjga wrote:

If the companies are about to cease to exist what are you worried about? If it is that you may be personally liable for the companies’ debts you can stop worrying. You aren’t.

But there is this: "hmrc chased me for undeclared income. Ie my father put my "wages" through his books" so may be personal debts.

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to Accountant A
08th Dec 2018 15:36

It isn't personal debt as this was dealt with 6 years ago. It's corporation tax and penalties for not delivering tax returns for the 2 companies.

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07th Dec 2018 23:34

I think you've already done all you can do.

Letters to HMRC stating your details and signature (which it would have been back in 2005) were used fraudulently to set up Companies that your father ran. You have no knowledge of them, and the first you learnt of the issue was when HMRC contacted you.

You were never a shareholder or director of these companies, and your details were used fraudulently as Company Secretary (prior to 2008, new companies needed two officials, hence why your Dad probably just used your details)*. There is nothing more you can do.

But seriously, do not worry. You've done all you can.

* Interesting tale for the accountants. Many years ago, we had a client who was a one man band but didn't want two officers. He incorporated a company with himself, Joseph A. Bloggs as Director, and himself as J. Alan Bloggs as Secretary. Companies House waived it through.

Never questioned it for years and after 2008 it became a moot point.

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to thevaliant
08th Dec 2018 15:36

Thank you, this has been really helpful

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08th Dec 2018 10:48

Make sure you have investigated the extent of the problem by doing a search against your name @ Cos House. This will reveal all the companies you are linked to as an officer

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to bernard michael
08th Dec 2018 15:37

There was one other company which was dissolved in 2008

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08th Dec 2018 11:11

This sounds like a family issue and as such I would consult with a family solicitor.

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11th Dec 2018 21:12

Have you tried asking your dad about this?

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12th Dec 2018 08:19

Correct me if I'm wrong, but I don't believe that a company secretary can be held liable for the company's debts.

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12th Dec 2018 09:34

Anyone can be liable if their actions are deemed fraudulent

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to bernard michael
12th Dec 2018 09:48

Though it's clear in the case that the OP has done nothing at all, fraudulent or otherwise.

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12th Dec 2018 11:29

May be wise to credit check yorself too in case any other problems loom there.

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By ShayaG
12th Dec 2018 15:30

Companies House AML procedures are shambolic. They have got to start either doing due diligence on officers or subcontracting that job explicitly to someone who will. This should not be happening.

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