Name: ANDREW PETER TRUSLER

Name: APT ELECTRICS LIMITED

Date of Birth: 27 / 1 / 1963

Date Order Starts: 22 / 3 / 2024

Disqualification Length: 5 Years 0 Month(s)

CRO Number: 04309193

Last Known Address: Otago,, Hartmoor,, , , DEVIZES,, SN10 5JS

Conduct: Between 12 November 2020 and 10 May 2022 (the date of the Liquidation) Mr Andrew Peter Trusler (“Mr Trusler”) caused APT Electrics Limited (“APT”) not to repay the government Backed Bounce Back Loan (“BBL”) of £50,000 obtained on 07 June 2020 in full, contrary to the requirement of the Coronavirus Business Interruption Scheme Loan ("CBIL"), which was obtained by APT in the sum of £150,000 on 12 November 2020. In that: • On 20 May 2020, Mr Trusler, on behalf of APT, applied for a BBL in the sum of £50,000 from Bank A. The BBL was subsequently received into APT's bank account on 07 June 2020. • On 11 November 2020, Mr Trusler, on behalf of APT also applied for a CBIL from Bank B. The CBILS in the sum of £150,000 was subsequently received into APT's bank account on 12 November 2020. • The CBILS agreement required the Borrower to represent and warrant that either (i) the Borrower (or, if the Borrower is part of a group, the Borrower's group) did not have an existing loan under the BBL scheme, or, (ii) if it did, this CBILS Loan would be used to repay the whole of any pre-existing BBL. • Following receipt of the CBILS Loan funds in the sum of £150,000 on 12 November 2020, the pre-existing BBL was not repaid in full, as was required under the terms of the CBIL Loan Agreement signed by Mr Trusler. • At the time the CBIL was received on 12 November 2020, the full balance of the BBL in the sum of £50,000 remained outstanding. • Repayments were made towards the outstanding BBL balance between July 2021 and April 2022. However, a balance in the sum of £42,180.59 remained outstanding on the BBL account as at the date of liquidation. Trading to the detriment of HMRC Mr Trusler failed to ensure that the APT complied with its statutory duties to make payments to HM Revenue and Customs ("HMRC") when due and caused the APT to trade to the detriment of HMRC from at least 22 December 2018 onwards in respect of PAYE/NIC, 01 September 2019 in respect of Corporation Tax and 19 February 2019 in respect of VAT until liquidation. As a result, PAYE/NIC/CIS liabilities (inclusive of penalties) in the sum of £229,753, Corporation Tax (inclusive of interest) in the sum of £30,213 and VAT (inclusive of penalties and interest) in the sum of £42,160 remained overdue and outstanding as at liquidation. In that: PAYE/NIC/CIS • APT's PAYE/NIC/CIS liabilities are based on RTI returns. • HMRC's final claim confirms that PAYE/NIC/CIS in the sum of £6,987.58 remained outstanding in respect tax year 2017/2018 • HMRC's final claim confirms that PAYE/NIC/CIS in the sum of £56,775.44 remained outstanding in respect tax year 2018/19. • HMRC's final claim confirms that PAYE/NIC/CIS in the sum of £82,789.74 remained outstanding in respect tax year 2019/20. • HMRC's final claim confirms that PAYE/NIC/CIS in the sum of £83,272.59 remained outstanding in respect tax year 2021/22. • Information provided by HMRC confirms that the final payment made towards the APT's PAYE/NIC/CIS liabilities was made on 04 September 2019. • Company bank statements show the last payment to HMRC in respect of PAYE/NIC liabilities was on 21 August 2019 for the sum of £9,748. • The total PAYE/NIC/CIS outstanding on liquidation (inclusive of penalties) was ££229,753 which accrued from Month 8 of tax year 2018/2019 (month ended 05 December 2018) and was due for payment in full by 22 December 2018. VAT • An Officer Assessments raised on 19 February 2019 in respect of VAT periods 03/15 to 09/18 in the sum of £10,040.16. Of this Assessment, £5,655.90 remained unpaid on liquidation. • VAT return for period 03/30 in the sum of £34,881 remained unpaid and outstanding on liquidation. This was due for payment in full by 30 June 2021 under the VAT deferral scheme operated by HMRC as a consequence of Covid-19. • The Company submitted VAT reclaims in respect of periods 06/20, 09/20, 12/20, 03/21, 06/21 and 09/21. • VAT return for period 12/21 in the sum of £1.20 remained unpaid and outstanding on liquidation. This was due for payment in full by 07 February 2022. • No VAT return was filed in respect of period 03/22, due for payment by 07 May 2022, and HMRC raised and assessment in the sum of £1 in respect of this period. • Further interest and penalties in the total sum of £1,621.79 are claimed by HMRC in the liquidation. • Information provided by HMRC confirms that the final payment allocated to the Company's VAT account was made on 07 February 2020. Company bank statements show a payment to HMRC in respect of VAT for the sum of £16,760 on 07 February 2020. • HMRC's final claim records VAT in the total sum of £42,160 was claimed in the liquidation Corporation Tax • Corporation Tax in the sum of £25,001.12 accrued in respect of period ended 31 December 2017 and was due for payment in full by 01 September 2018. No payments were made towards APT's Corporation Tax liability for period ended 31 December 2017 and the sum of £25,001.12 remained unpaid and outstanding on liquidation. • Corporation Tax in the sum of £2,413.19 accrued in respect of period ended 31 December 2018 and was due for payment in full by 01 September 2019. No payments were made towards APT's Corporation Tax liability for period ended 31 December 2018 and the sum of £2,413.19 remained unpaid and outstanding on liquidation. • Accrued interest in the sum of £2,789.29 is claimed by HMRC in the liquidation in respect of the Company's outstanding Corporation Tax liabilities. Comparative treatment • HMRC is understood to be the majority creditor in the liquidation submitting a claim in the sum of £302,127. • APT's available accounts records that that trade creditor liabilities reduced between 31 December 2018 and liquidation. Liabilities owing to HMRC continued to accrue over the same period. • APT's trade creditors are understood to be owed £1,860 on liquidation. APT's bankers are owed the sum of £112,901 in respect of the outstanding BBL and overdrawn current account. Loans received by APT from other bankers comprising of an unpaid business loan and the CBIL total £209,073 (inclusive of interest and charges) and remained outstanding on liquidation. • The available bank statements for APT's current Bank Account record that from 24 October 2018 2020 to liquidation on 10 May 2022, it received credits totalling £2,501,367.27 and expended £2,571,367.26, of which payments of only £296,531.83 were made to HMRC from the account. Net payments to Mr Trusler in the sum of £22,943 and ATM withdrawals totalling £6,560 were made over the same period. 

This information is correct as at 4 / 3 / 2024

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