West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) ("the Company") Final Report 5 August 2011
CVL 16300
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
CONTENTS 1.
Introduction
2.
Background
3.
Asset Realisations
4.
Investigations
5.
Creditors’ Claims
6.
Prescribed Part
7.
Costs and Expenses
8.
Notice of Final Meetings
9.
Conclusion
APPENDICES 1.
Joint Liquidators’ Final Receipts and Payments Account
2.
Analysis of Joint Liquidators’ Time Costs
3.
Notice of Final Meetings
4.
Proxy Form
CVL 16300
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
1.
INTRODUCTION
1.1
Further to the Joint Liquidators’ last report to the creditors, dated 4 March 2011, the purpose of this report is to detail the Joint Liquidators’ acts and dealings, together with the conduct of the Liquidation since their appointment.
2.
BACKGROUND
2.1
Geoffrey Bouchier and Jason Godefroy were appointed Joint Administrators of the Company, on 26 February 2009. The Joint Administrators were subsequently appointed Joint Liquidators on 22 February 2010, following the discharge of the Administration, and their release as Joint Administrators, on the same date.
2.2
The Company’s registered office was changed to 43-45 Portman Square, London W1H 6LY for the purpose of the Administration.
2.3
The Company’s former registered office was Unit East Farm, Codford St Mary, Near Warminster, Wiltshire BAl2 OPJ. This was also the former trading address.
2.4
The Company’s principal activities were distribution of fine foods.
2.5
Further details on the background of the Company and the events leading up to the appointment of Joint Administrators, and the conduct of the Administration including details of all assets realised, can be found in the Joint Administrators’ reports sent to creditors during the Administration period. This report only covers the affairs of the Company since the date of Liquidation
2.6
The Administration reports can be provided upon request.
3.
ASSET REALISATIONS Dividend Receipts
3.1
Total funds of £210 have been received in respect of dividend payments from Stephen & Shirley Garrett (In Voluntary Arrangement) and Christopher Connor & Simon Bibby (In Voluntary Liquidation).
3.2
All other asset realisations shown on the Joint Liquidators Final Receipts and Payments Account, at Appendix 1, were detailed in the last report.
3.3
There will be no further realisations in the Liquidation.
4.
INVESTIGATIONS
4.1
Geoffrey Bouchier and Jason Godefroy have complied with their obligations as Joint Liquidators in relation to their investigations into the affairs of the Company and the conduct of the directors.
4.2
The directors’ conduct report was submitted to the Department for Business Innovation & Skills on 18 August 2010.
CVL 16300 FESTUCTUPN
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
4.3
The content of the report is confidential and the Joint Liquidators are unable to provide any further information.
5.
CREDITORS’ CLAIMS Secured Creditors Barclays Bank plc ("Barclays")
5.1
The Company granted Barclays a debenture dated 17 August 2000, which conferred fixed and floating charges over all of the assets of the Company. As at the date of appointment of the Joint Administrators, the Company’s had no indebtedness to Barclays. GE Commercial Finance (No.2) Limited ("GE"
5.2
The Company’s invoice discounting agreement granted GE a debenture dated 13 September 2001, which conferred fixed and floating charges over all assets of the Company. In addition, the invoice discounting agreement results in the assignment of all book debts. At the date of appointment of the Joint Administrators, the Company’s indebtedness to GE was £576,466.
5.3
GE was paid in full from book debt collections during the Administration period. Bank of Scotland plc C’BOS")
5.4
The Company granted BOS a debenture dated 7 May 2003, which conferred fixed and floating charges over the assets of the Company.
5.5
At the date of appointment of the Joint Administrators, the Company’s indebtedness to BOS was £48,443 subject to accruing interest and charges.
5.6
BOS was paid in full under its floating charge during the Liquidation. Preferential Creditors
5.7
Preferential creditors were paid in full during the Liquidation. The dividend totalled £85,898 and £6,598 was deducted from the payments in respect of appropriate PAYE and National Insurance contributions.
5.8
There have been unclaimed dividends amounting to £174 in respect of preferential creditors as follows: Name of Creditor D Batten M Carvell N Clark KV Harrington K Hicks S Weston L Kollarikova J Kirsop TOTAL
Claim 30.00 3.98 86.16 35.71 20.77 28.46 18.70 28.46
252.24
Dividend 20.70 2.74 59.45 24.64 14.34 19.64 12.90 19.64
-
174.05
CVL 16300 CORPORATE
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
Unsecured Non-Preferential Creditors 5.9
According to the directors’ Statement of Affairs ("S0A") submitted in the Administration, the claims of the Company’s unsecured non-preferential creditors totalled £2,051,451.
Trade & Expense Creditors HM Revenue & Customs - PAYE/NIC Employees Claims - Subrogated to the RPO Employees Claims - Residual Claims Total
SOA £ 1,334,214 197,414 200,667 319,156 2,051,451
Claims to Date £ 1,393,413 154,179 362,636 1,910,228
5.10
The claims received have not been adjudicated upon as there are insufficient surplus funds to enable a dividend to be made.
6.
PRESCRIBED PART Prescribed Part
6.1
Pursuant to Section 176A of the Insolvency Act 1986, where a floating charge is created after 15 September 2003, a Prescribed Part of a company’s net property shall be made available to unsecured non-preferential creditors.
6.2
In this case the Prescribed Part provision does not apply as each floating charge was created prior to 15 September 2003.
COSTS AND EXPENSES 7.1
The Joint Liquidators’ Final Receipts and Payments Account is attached, at Appendix 1. Should you have any queries regarding this, please contact this office.
7.2
The Joint Liquidators’ time costs are as analysed at Appendix 2. Remuneration of £30,817 plus VAT and disbursements of £15 plus VAT, have been paid.
8.
NOTICE OF FINAL MEETINGS
8.1
The Joint Liquidators attach, at Appendix 3, a notice of final meetings, convened pursuant to Section 106 of the Insolvency Act 1986 for 16 September 2011. Please note that the information to be presented at these meetings will be identical to that contained within this report and the meetings will be of an entirely formal nature. There is no necessity to attend unless you so wish.
8.2
If you do wish to attend or vote at the meetings, please complete and return the Proxy Form, attached at Appendix 4, to this office no later than 12 noon on 15 September 2011.
8.3
If you propose to attend the meetings, kindly advise this office in advance.
CVL 16300
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
8.4
Following the final meetings the Joint Liquidators will file notices with the Registrar of Companies and the Company will be dissolved and eventually struck off. The dissolution of the Company will occur three months after the final papers have been filed.
9.
CONCLUSION
9.1
Geoffrey Bouchier and Jason Godefroy have completed their administration of this case. No further reports will be sent. Yours faithfully For and on behalf of West Country Fine Foods Limited
=Bo~ uchier Joint Liquidator
~
CVL 16300
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West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
APPENDIX 1 Joint Liquidators’ Final Receipts and Payments Account
CVL 16300
West Country Fine Foods Limited (In Creditors Voluntary Liquidation) Joint Liquidators’ Final Receipts and Payments Account
From 22/02/2010 to 21/02/2011 £
From 22/02/2011 to 05/08/2011 £
From 22/02/2010 to 05/08/2011 £
Receipts Administration Surplus Book Debts Terminal Loss Relief Claim Software Licenses Dividend Receipts Gross Bank Interest
155,279.83 8,285.04 12,142.37 2,268.00
28.70
209.81 15.60 177,990.84
155,279.83 8,313.74 12,142.37 2,268.00 209.81 15.60
238.51
29.35
17,316.55 14.90 110.04
2,500.00 30,816 55 14.90 3,026 55 619.00 2,390.00 227.70 331.30 50,446.16 1,827.88 15.30 9118 174.05 25.00 6,597.54 79,126.24
Payments Joint Administrators’ Remuneration Joint Liquidators Remuneration Joint Liquidators Disbursements Debt Collection Fees MCR RM Legal Fees Teacher Stern & PDT Solicitors Tax Services Reeves & Co LLP Statutory Advertising Storage Costs Secured Creditor - Bank of Scotland Postage & Stationery VAT Irrecoverable Bank Charges Unclaimed Dividends Insolvency Service Unclaimed Monies Fee HM Revenue & Customs PAYE/NIC Deductions on Preferential Dividend Dividend Payment to Preferential Creditors
2,500.00 13,500.00 2,916 51 619.00 2 1 000.00 151.20 86.80 50,446.16 1,020.70 84.51 174.05 25.00 6,597.54 79,126.24 (159 247.71) ,
Balance
Note No Statement of Affairs was prepared for the Liquidation
390
807
00 76.50 244.50 18 15.30 6.67
(18 981.64) ,
(178 229.35) ,
0.00
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
APPENDIX 2 Analysis of Joint Liquidators’ Time Costs
CVL 16300
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Analysis of Joint Liquidators’ Time Costs for the period 22 February 2010 to 29 July 2011 Hours
Classification of Work Function
Partner
Manager
Senior
Assistant
Support
Total
Time
Av hourly
Hours
Cost
Rate
£
£
Administration and Planning Case review and Case Diary manaoement Cashiering & accounting
0.70
1.50
9.80
17.00
1.00
1.90
10.70
12.00
IPS set up & maintenance Statutory matters (Meetings, Reports and Notices Strategy planning & control
0.90
Tax Compliance/Planning
0.10
29.00
5,435.50
187.43 221.26
25.70
5,686.50
1.10
1.10
110.00
100.00
1.90
10.20
11.10
24.10
5,316.50
220.60
1.60
5.90
3.10
2.20
12.80
4,293.00
335.39
0.20
0.50
1.00
1.70
3.40
798.00
234.71
1.10
1.10
110.00
100.00
2.90
3.00
589.50
196.50
1.50
592.50
395.00
Investigations CDDA, reports & Communicaton
Realisation of Assets Book debts
0.10
Other Intangible Assets
1.50
Other Tangible Assets
0.30
0.30
30.00
100.00
Sale of business
2.20
2.20
220.00
100.00
2.00
2.90
621.00
214.14
10.40
10.40
1,141.00
109.71
0.50
7.20
8.50
1,573.50
185.12
0.20
0.20
6.00
6.40
1,246.50
194.77
0.90
0.70
0.90
2.50
775.00
310.00
0.20
1200
2390
7059 00
295.36
158.801
35,597.50
224.17
1
35,597.50
Creditors Communications with Creditors/Emolovees Non Pref Creditor claims adjudication and dist’n Non Pref Creditors/Employee claims handlinci Pref claims adjudication and distribution Secured Creditors
0.60
0.30
0.80
Case Specific Matters Closings
030
Total Hours Total Fees Claimed (E)
11.40
6.401
25.40
1
10,145.50
3,278.00
Analysis of Category 1 Disbursements: Classification of Work
£
Function Travel & Subsistence
Total
14.90
14.90
Analysis of Category 2 Disbursements
There are no Category 2 Disbursements for this case
36.801 8,961.50
1
9o’JL01
0.101
1
3.001
13,209.50
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
APPENDIX 3 Notice of Final Meetings
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.......
NOTICE OF FINAL MEETINGS IN THE MATTER OF WEST COUNTRY FINE FOODS LIMITED (IN CREDITORS’ VOLUNTARY LIQUIDATION) IN THE MATTER OF THE INSOLVENCY ACT 1986
NOTICE IS HEREBY GIVEN that a final meeting of the members of West Country Fine Foods Limited will be held at 11.00am on 16 September 2011, to be followed at 11.15am on the same day by a meeting of the creditors of the company. The meetings will be held at offices of MCR, 43-45 Portman Square, London W1H 6LY. The meetings are called pursuant to Section 106 of the Insolvency Act 1986 for the purpose of receiving an account from the Joint Liquidators explaining the manner in which the winding-up of the company has been conducted and to receive any explanation that they may consider necessary. A member or creditor entitled to attend and vote is entitled to appoint a proxy to attend and vote instead of him. A proxy need not be a member or creditor. The following resolutions will be considered at the creditors’ meeting: 1.
That the Joint Liquidators’ Final Receipts and Payments Account be approved.
2.
That the Joint Liquidators receive their release.
Proxies to be used at the meeting must be returned to the offices of MCR, 43-45 Portman Square, London W1H 6LY, no later than 12 noon on 15 September 2011.
Signed__________________________ Gffrey Bouchier Joint Liquidator
Date:
5 August 2011
West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation) Final Report 5 August 2011
APPENDIX 4 Proxy Form
CVL 16300 - conpoRarE RESTRLJCTUR t4G
Rule 8.1
Insolvency Act 1986
Form 8.5
Proxy (Members’ or Creditors’ Voluntary Winding Up) West Country Fine Foods Limited (In Creditors’ Voluntary Liquidation)
Name of Creditor/Member * Address Please insert name of person (who must be 18 or over) or the chairman of the meeting (see note below) if you wish to provide for alternative proxy holders in the circumstances that your first choice is unable to attend please state the name(s) of the alternatives as well
Please delete words in brackets if the proxy holder is only to vote as directed i.e. he has no discretion Any other resolutions which the proxy-holder is to propose or vote in favour of or against should btt in numbered paragraphs in the space provided below paragraph 1. If more room is required please use the other side of this form
Name of Proxy Holder I
2
3 I appoint the above person to be my/the creditor’s/member’s * proxy holder at the meeting of creditors/members to be held on 16 September 2011, or at any adjournment of that meeting. The proxy holder is to propose or vote as instructed below (and in respect of any resolution for which no specific instruction is given, may vote or abstain at his/her discretion).
1.
That the Joint Liquidators’ Final Receipts and Payments Account be approved. [For/Against]*
2.
That the Joint Liquidators receive their release. [For/Against]*
* Please delete as applicable
This form must be signed
Signature
Date____________________________________
Name in CAPITAL LETTERS -
Only to be completed if the creditor/member has not signed in person
Position with creditor/member or relationship to creditor/member or other authority for signature
Please note that if you nominate the chairman of the meeting to be your proxy holder he will either be a director of the company or the current liquidator.
Remember: there may be resolutions on the other side of this form