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Gmund Cars Ltd & Andrew Mearns FRAUD £1Million stolen

Re: Director Loan - £334K

DAVIDGT996 said:
jonttt said:
DAVIDGT996 said:
...........
To be fair the government has really been tightening up on this sort of thing ie:

- all transaction taken before liquidation which where made whilst insolvent to the detriment of creditors can be reversed

- a directors ban involves you agreeing to NOT act as a director in any capacity for the period of the ban. Whilst you can hold shares and be a senior manager you cannot make day to day decision on the running of the business. If you do it is a criminal offence. They have, so I've heard on the grapevine, been enforcing this where people have clearly been acting as "shadow" directors whilst banned.
Click to expand...
As a Qualified Accountant running my my own Practice I deal with a few liquidators. The all say trying to enforce the 'shadow' Director activity is extremely difficult and very rarely happens.
Click to expand...

Of course they do :wink:

Like anything in life, you get out of something a direct proportion of what effort you put in. In this context I'm sure if a "pheonix" new business was put in place it would be fairly easy to get evidence of "director" activities of the banned party. With the obvious "interest" of the Porsche community which feels hard done by they would be taking a massive risk in that respect.
There are lots of less formal ways that information can be used in the real world. By way of example often banking is the achilles heal I have used to effectively stop businesses from trading in these situations. The banks are ultra paranoid re AML regs and KYC (Know your customer). Someone would need to falsify declarations to get a new bank account open and source of startup funds (banks now need clear evidence of this). Any suggestion by a friendly word with their compliance teams can result in accounts being frozen without notice where there is evidence of false declarations :hand:
There are other, even more effective things that can be done by a grieved party with a matter of principle to prove (rather than financial reward) to stop these pheonix type creditor avoidance schemes which I'm obviously not going to post on an open forum.

The bottom line is that the Mearns family should pay for their crimes. If that means an "adjustment" to their lifestyle eg smaller house, no foreign holidays then so be it, you make your bed, you lie in it but on the face of it the materiality of the crimes (may be 7 figures over the years) means that there has to be a chance of jail time. The fact that it looks like they have been trading for years on an insolvent basis would be a big factor in that. Even the fact the Mrs Mearns is a "trusted" Cllr and none practising solicitor (as she appears to like to tell everyone) would be important in terms of the severity of the breach of trust.
Click to expand...
 
I am being in fortunate position of saying farewell to work after a lifetime in business.

:bandit: European River Cruise imminent

---------------------------------------------------

During that time it was important to me that I was true both to my clients and to my staff.

A good style of life at work and at home, was and remains a fine ethic.


Gmund Cars business practice is corrupt ! jonttt states a great deal of sense

Andrew Mearns/Gmund requires to be given a term in prison for fraud.
 
As Nick says do we know the actual position of the business at the moment is it open/closed/administration ?
 
Gazc2 said:
As Nick says do we know the actual position of the business at the moment is it open/closed/administration ?
Click to expand...

posts on here from last week suggest "closed" but activity going on and he continues to pay his landlord = dispursement of company assets ie cash whilst known to be insolvent ie prioritising one creditor over others :hand: can be reveresed by the administrator. I would love to see his landlords face when he is asked to pay back the rent he has received :grin:
 
Insolvent

I dont think its insolvent yet!

The company is supported by loans from the Director and Trust - until they pull the plug it can continue to trade.
 
Re: Insolvent

DAVIDGT996 said:
I dont think its insolvent yet!

The company is supported by stealing other people cars from them - until they pull the plug it can continue to trade.
Click to expand...

I have corrected that for you, smells insolvent to me ie it cannot meet its liabilities to pay back the owners of the cars it has stolen :wink:
 
Glad we cleared that up :D
 
Re: Insolvent

jonttt said:
DAVIDGT996 said:
I dont think its insolvent yet!

The company is supported by stealing other people cars from them - until they pull the plug it can continue to trade.
Click to expand...

I have corrected that for you, smells insolvent to me ie it cannot meet its liabilities to pay back the owners of the cars it has stolen :wink:
Click to expand...
I agree smells iffy but as previously mentioned the company's interest in the car sale only extends to its sale commission. For all we know the OP''s money may have been paid into the Directors personal bank account which is a completely different matter to trading whilst insolvent.
 
I've emailed him with a link to this thread :thumb:
 
Re: Insolvent

DAVIDGT996 said:
jonttt said:
DAVIDGT996 said:
I dont think its insolvent yet!

The company is supported by stealing other people cars from them - until they pull the plug it can continue to trade.
Click to expand...

I have corrected that for you, smells insolvent to me ie it cannot meet its liabilities to pay back the owners of the cars it has stolen :wink:
Click to expand...
I agree smells iffy but as previously mentioned the company's interest in the car sale only extends to its sale commission. For all we know the OP''s money may have been paid into the Directors personal bank account which is a completely different matter to trading whilst insolvent.
Click to expand...

Agreed their is lots we don't know but there is enough we do know ie:

Payments due to car owners on the sale of their cars have not been made. That is theft, simple. It's either company fraud by the directors or personal theft by the same people ie without the perceived protection of a limited company (and the consequential tax implications of undeclared income probably) :dont know:

So lets sticks to the facts , they are robbing scum who abuse the trust of the Porsche owning community and steal the hard earned cash of their 'clients" :judge:
 
jonttt said:
I've emailed him with a link to this thread :thumb:
Click to expand...

Let us know if you don't bear anything back and I'll email him too. Not going to email him just yet as want to give him a chance to see your email and start dealing with it.
 
77szymon said:
This is crazy, anyway you should all send message to MP as I did :) and inform him about criminal activity of Councillor Samantha Mearns.

https://democracy.harrogate.gov.uk/mgUserInfo.aspx?UID=214
Click to expand...

Already done this, particularly as Andrew Jones MP visited Gmund 1/12/18 and described Gmund as an 'amazing business". He responded personally saying he could only get involved with matters relating to his own constituents (which I'm not) and suggested I raise this as a potential breach of the Member's Code of Conduct for Councillors. I followed his advice but they're unable to pursue complaints which don't relate to Council business.

Starting to see how people get away with this type of thing.

Jonttt's petition suggestion has got me thinking .......
 
Let's get an online petition going for a police investigation into the theft / fraud of high value Porsche motor cars. That has to be made for social media / press interest outside of the Porsche community :food: :success:
 
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