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Seven-year directorship ban for used car salesman

Court

A used car dealer who left 17 customers out of pocket to the tune of £95,000 has been banned from acting as a company director for seven years.

Kevin Vincent McMonagle, the director of used car dealership Marshalls of Kilmarnock Limited, received an order from the Insolvency Service after an investigation by Trading Standards investigated the content of 36 complaints about the business.

McMonagle was found to have: failed to paying or return money owed to customers; sold motor vehicles which were not of satisfactory quality; omitted to transfer vehicles registration documents; failed to pay off finance agreements of customers trading in their vehicles.

His ban comes six months after his business was placed into compulsory liquidation with liabilities of £544,309.

Robert Clarke, head of company investigation at the Insolvency Service said: “When directors of a company do not comply with legislation that is designed to protect customers, and avoidable losses result, the Insolvency Service will fully investigate the circumstances and take action where appropriate.”

On 4 December 2014, officers from Trading Standards met with Mr McMonagle to discuss their concerns regarding the level of complaints against the company.

Following further complaints, it applied to the Court for an enforcement order after Mr McMonagle stopped co-operating with them during March 2015.

The following month Kilmarnock Sheriff Court issued an interim enforcement order to prevent continued breaches and protect customers following which Mr McMonagle surrendered his licence to sell second hand cars.

Now further enforcement will prevent him from operating a business for a period of seven years.

Clarke said: “In this case, a significant number of customers have been left out of pocket thanks to Mr McMonagle’s disregard of protective legislation and it is appropriate that their disqualification is for a significant period of time.

“This ban should serve as a reminder to any directors tempted to do the same: the Insolvency Service will vigorously investigate you and seek to remove you from the marketplace.”

 

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Comments

  • Iceage - 06/07/2017 12:55

    And yet VW are still untouched by Kilmarnock Sheriff Court?

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