Ex-bosses of One TV are banned


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<img src="/images/onetv1.jpg" border="1" hspace="3" vspace="3" width="320" height="240" align="right" />Three former bosses of disgraced shopping channel One TV have been banned as company directors. ShoppingTelly.com alone received 575 compaints from customers who paid for goods and received nothing.<br /><br />Now the Insolvency Service has slapped a four-year boardroom ban on <a href="http://www.insolvency.gov.uk/databases/ddirector/viewdisqdirectorcasedetails2.asp?companyname=One TV PLC" target="_blank">Graham Alan Whitaker</a>, <a href="http://www.insolvency.gov.uk/databases/ddirector/viewdisqdirectorcasedetails2.asp?companyname=One TV PLC" target="_blank">Linda Atherton</a> and <a href="http://www.insolvency.gov.uk/databases/ddirector/viewdisqdirectorcasedetails2.asp?companyname=One TV PLC" target="_blank">Paul Atherton</a>. All three, investigators found, were responsible for allowing the company to trade while insolvent and while it failed to supply goods ordered or delivered defective goods it then failed to pay refunds.<br /><br />Creditors Voluntary liquidation £1,162,359.00.<br /><br />1. Between March 2005 and their resignation in February 2006, when at all times OneTv Plc (“OneTv”) was loss making and insolvent, they caused or allowed OneTv to persistently breach consumer protection legislation, notably The Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) and the CAP (Broadcast) TV Advertising Standards Code rules, by failing to ensure that OneTv supplied goods paid for by customers, or delayed the delivery of goods paid for by customers or failed to reimburse customers for defective/unsuitable goods that were returned, in that: • Essex County Council Trading Standards Service (“Essex Trading Standards”) first received complaints from OneTv’s customers in March 2005. In the period up to 22nd February 2006 Trading Standards state that they received approximately 250 complaints; • Consumer Direct also separately received complaints from customers and produced a report showing that between January 2005 and 31 December 2005 a total number of 222 complaints were made against OneTv with the total cost of the goods for the complaints being £28,375; Further complaints were made after December 2005; • The Advertising Standards Authority (“ASA”) separately investigated OneTv and in the period to the end of January 2006 had received 25 complaints. On 10th May 2006 they produced a report upholding 65 complaints regarding orders made up to January 2006; • By the date of its administration OneTv still had outstanding consumer customer liabilities dating back to March 2005. <br /><br />2. Whilst a director of OneTv between March 2005 and her resignation in February 2006, they failed to ensure that OneTv dealt properly with its taxation affairs, breaching tax legislation by failing to pay over the requisite liabilities to Her Majesty’s Revenue and Customs (“HMRC”) throughout its trading life when OneTv was loss making and insolvent, utilising the monies due to finance its continued trading, in that:- • Nothing at all was paid to HMRC for OneTv’s total Pay As you Earn (“PAYE”) and National Insurance Contributions (“NIC”) liability of £39,444 for the 2004/2005 tax year; • Nothing at all was paid to HMRC for OneTv’s PAYE/NIC liability for the 2005/2006 tax year; • Such that at the time of their resignation as a director, OneTv had failed to make any payments on account of its then PAYE/NIC liabilities of approximately £211,850.

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