Autoworks Express Limited Liquidation Report
Transcription
Autoworks Express Limited Liquidation Report
In the Matter of Autoworks Express Limited And in the Matter of the Insolvency Act and Rules 1986 Company Number: Trading As: Formerly: Registered Office: Trading Address: 06755703 Autoworks Express Limited No previous names. The Lodge, Tanfield, Stanley, Durham, DH9 9PU Binchester Lane Ends, Binchester, Bishop Auckland, County Durham, DL14 8AW In accordance with Rule 4.106, I, Eric Walls of KSA Group Limited, C12 Marquis Court, Marquis Way, Team Valley, Gateshead, NE11 0RU, give notice that on 6 January 2012 I was appointed liquidator of Autoworks Express Limited by resolutions of members and creditors. Notice is hereby given that the creditors of the above named company, which is being voluntarily wound up, are required, on or before 30 April 2012 to send in their full forenames and surnames, their addresses and descriptions, full particulars of their debts or claims, and the names and addresses of their Solicitors (if any), to the undersigned E Walls (IP No. 9113) of KSA Group Limited, C12 Marquis Court, Marquis Way, Team Valley, Gateshead, NE11 0RU, Alternative Contact: E Walls, insolvency@ksagroup.co.uk, 0191 482 3343, the liquidator of the said company, and, if so required by notice in writing from the said liquidator, are, personally or by their Solicitors, to come in and prove their debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution. Dated: 9 January 2012 E Walls Liquidator of Autoworks Express Ltd www.ksagroup.co.uk Insolvency Act 1986 Autoworks Express Limited Estimated Statement Of Affairs as at 6 January 2012 Book Value £ ASSETS Intangible Assets Property Plant & Machinery, Fixtures Motor Vehicles Stock Book Debts Cash Held by Liquidator Estimated to Realise £ £ 108,053.00 261,338.00 74,156.00 1,400.00 2,000.00 2,200.00 8.03 LIABILITIES PREFERENTIAL CREDITORS:Employee Arrears/Hol Pay 6,990.00 950.00 100.00 500.00 8.03 8,548.03 2,706.25 2,706.25 5,841.78 DEBTS SECURED BY FLOATING CHARGE PRE 15 SEPTEMBER 2003 OTHER PRE 15 SEPTEMBER 2003 FLOATING CHARGE CREDITORS NIL 5,841.78 Estimated prescribed part of net property where applicable (to carry forward) NIL 5,841.78 DEBTS SECURED BY FLOATING CHARGE POST 15 SEPTEMBER 2003 NIL 5,841.78 Estimated prescribed part of net property where applicable (brought down) Unsecured non-preferential claims (excluding any shortfall to floating charge holders) Trade & Expense Creditors Employees Director NIL 5,841.78 72,530.00 5,564.50 77,500.00 155,594.50 Estimated deficiency/surplus as regards non-preferential creditors (excluding any shortfall in respect of F.C's post 14 September 2003) Issued and called up capital Ordinary Shareholders (149,752.72) (149,752.72) 100,000.00 100,000.00 (249,752.72) TOTAL SURPLUS/(DEFICIENCY) www.ksagroup.co.uk Autoworks Express Limited – In Liquidation Notes to the Estimated Statement of Affairs 1. Amounts due to Natwest Bank plc 1.1 The amount due to Natwest Bank plc has been confirmed by the bank and is in respect of the company’s overdraft and credit card facility. 1.2 The bank holds the following security in respect of the company’s indebtedness: • A debenture dated 26 July 2010 which created fixed and floating charges over the assets of the company. The validity of the debenture given by the company will of course need to be verified by the liquidator in due course. 2. Chattel Assets and Motor Vehicles 2.1 The chattel assets of the company have been valued by James Sutherland (Auctioneers) Limited. The motor vehicles have also been valued by James Sutherland (Auctioneers) Limited. Book values attributed to those assets in the statement of affairs have been taken from the annual accounts for the year ended 30 November 2010. 3. Book Debts 3.1 The book value figure for debtors has been taken from the books and records of the company as at the date of liquidation. In assessing the amounts estimated to realise the directors have: • Written off those debts which are known, or are thought to be, irrecoverable. 3.2 The directors have valued the book debts on this basis in order to present a prudent view of the affairs of the company. Following liquidation the liquidator will endeavour to collect all amounts due to the company. 4. Amounts Due to Employees 4.1 In some instances it has been necessary to estimate the amounts due to employees in respect of arrears of wages, holiday pay, pay in lieu of notice and redundancy. 5. Trade and Expense Creditors 5.1 Details of amounts due to creditors have been taken from the books and records of the company. Inclusion in the statement of affairs of the company does not constitute agreement that these amounts are, or were at any time, owed by the company and does not entitle a creditor to participate in any future distribution. In some cases the amount due to creditors has been estimated due to a lack of available information. 6. Costs and Expenses of Liquidation and Asset Realisation 6.1 The statement of affairs takes no account of the costs and expenses of the liquidation or realising the assets of the company. www.ksagroup.co.uk Autoworks Express Limited – In Liquidation Report To a Meeting Of Creditors Held Pursuant To Section 98 Of The Insolvency Act 1986 At The Park Head Country Hotel and Restaurant, New Coundon, Bishop Aukland, County Durham, DL14 8QB On 6 January 2012 At 11.30 am 1. Statutory Information 1.1 Detailed below is information extracted either from the statutory books of the company or from records held by the Registrar of Companies. Previous Names: N/A Company Number: 06755703 Date of Incorporation: 21/11/2008 Registered Office: was The Lodge, Tanfield, Stanley, Durham, DH9 9PU but recently changed to C12 Marquis Court, Marquis Way, Team Valley, Gateshead, NE11 0RU Shareholding: 100,000 Ordinary Shares of £1 each, all of which have been fully issued and paid £1 Ordinary Shares Mark Tate 70,000 A1 Autocraft Pension Fund 30,000 Shareholders: Directors: Mark Tate Company Secretary: N/A Nature of Business: Manufacture of motor vehicles Trading Address: Binchester Lane Ends, Binchester, Bishop Auckland, County Durham, DL14 8AW 2. History of the Company 2.1 The company was incorporated on 21 November 2008 and began trading at the beginning of 2009. The company operated as a specialist in building replica classic cars 2.2 The company originally operated from a unit in Blaydon Business Park with three main employees. The director worked largely in the work shop on repairs and developments while a company manager worked on the marketing, financial and administration side of the business, alongside an office administrator. As the company grew additional employees were taken on to work in the garage workshop. 2.3 The company offered a unique car replica service and initially trading went well. As the business continued to grow the director began to look for larger premises to allow the company to take on more work and develop the services it offered. The company moved into the premises at Binchester, Bishop Auckland. The new premises offered the company the perfect opportunity to develop the company’s replica car building service further, while also introducing a variety of new services, such as MOTs, servicing, tyres, exhausts, repairs and car valeting. The premises were adapted to house the business, including the addition of a coffee shop area. www.ksagroup.co.uk 2.4 The director states he personally borrowed a large amount of money to invest into the business at this time. By the end of 2010 the company was well established and the director believes the company was starting to ‘hold its own’. As the company progressed into 2010 the company continued to take on regular business, however the director states the company soon began experiencing problems with poor cash flow and growing liabilities. Although the business was bringing regular money from smaller jobs, such as valeting and servicing it was insufficient to create a positive cash flow and the company continued to struggle to meet its growing liabilities. Towards the end of 2011 it became apparent to the director that the company could no longer meet creditor demands as and when they fell due and there was no immediate source of additional investment to resolve cash flow problems. 2.5 With this in mind a meeting was arranged with representatives of KSA Group Ltd. Based on financial information provided by the director it was evident that the company was insolvent. Having been so advised the director felt they had no option but to call the meetings of shareholders and members necessary to place the company into voluntary liquidation. 2.6 The director considers that the main reasons for the company’s failure were as follows: 1. Poor cash flow leading to problems paying liabilities; and 2. The lack of any available sources for additional investment. 3. Meetings of Members and Creditors 3.1 At a meeting of the board of directors held on 5 December 2011 it was agreed that meetings of members and creditors should be summoned for the purposes of placing the company into Creditors Voluntary Liquidation. Notices were signed summoning the meetings for 6 January 2012. The notices were issued to shareholders and creditors on 6 December 2011. 3.2 Accordingly, on 6 January 2012 at a meeting of the shareholders, duly convened at The Park Head Country Hotel and Restaurant, New Coundon, Bishop Aukland, County Durham, DL14 8QB resolutions were passed placing the company into Voluntary Liquidation and appointing E Walls, who is licensed to act as an insolvency practitioner by the Insolvency Practitioners Association, liquidator. 3.3 Prior to being asked to advise the director on the affairs of the company the partners and staff of KSA Group Limited had had no material professional relationship with either the company, its directors or shareholders. 4. Transactions with Associated Companies or Trading Organisations 4.1 There are no known associated companies or trading organisations other than the unincorporated business referred to above, although the director owns the building the company traded from and is owed rent. 5. Extracts from Accounts and other Financial Information 5.1 A summary of the company's recent financial history is attached at Appendix 1 to this report. 6. Review of the Trading of the Company 6.1 Following liquidation the liquidator will carry out a review of the trading of the company and the conduct of its officers, and any third party involved in the management of the company’s affairs. www.ksagroup.co.uk 7. Statement of Affairs 7.1 A statement of affairs of the company as at 6 January 2012 has been prepared by the directors. A summary of the statement of affairs is attached to this report, along with accompanying notes, and an estimated deficiency account in respect of the period of trading. 7.2 The statement of affairs takes no account of the cost and expenses of the liquidation or of realising the company’s assets. 7. Business conducted at the meeting 7.1 A number of creditors attended the meeting and two proxies had been forwarded naming the chairman of the meeting as proxy holder. 7.2 The chairman opened the meeting and Eric Walls of KSA Group Ltd, who had been appointed liquidator of the company by the shareholders of Autoworks Express Limited presented a brief report to the meeting and reviewed the statement of affairs of the company which had been drawn up to the date of liquidation on his behalf. 7.3 A number of areas of concern were raised by creditors relating to the trading of the company. It was confirmed it was for the liquidators to review these matters. There being no further issues raised by the creditors the chairman moved to the formal business of the meeting. Accordingly, creditors approved the following resolutions: • • the appointment of E Walls of KSA Group Ltd, C12 Marquis Court, Marquis Way, Team Valley, Gateshead, NE11 0RU, was confirmed. a creditors’ committee was not established. In the absence of a creditors committee: • • • the meeting was informed that no monies had yet been paid in respect of the costs of calling the meetings of shareholders and creditors and assisting the directors in the preparation of the statement of affairs. It was agreed that a charge of £4,500 plus VAT plus disbursements would be levied by KSA Group Limited, in respect of these costs. it was agreed that liquidator’s remuneration would be calculated by reference to time costs incurred by the liquidator and his staff and authorisation was given for the liquidator to draw remuneration on account of those time costs when he felt it was appropriate. The liquidator informed the meeting that the current charge out rates for staff likely to deal with matters pertaining to this liquidation were as follows: £ per hour 40 – 100 100 – 175 175 – 300 Administrators Managers Partners • • the creditors agreed that all disbursements incurred by the liquidator’s firm should be reimbursed at direct cost save in the case of postage, stationery and telephone for which a charge of £7.50 per creditor would be levied, and motor travel where a charge of 45p per mile would be made. it was agreed that the level of the liquidator’s specific performance bond should be set at £10,000. www.ksagroup.co.uk www.ksagroup.co.uk Appendix 1 (Page 1 of 1) Autoworks Express Limited Summary of Recent Financial History Accounting Information The following information has been extracted from the Company's annual accounts for the period ended 30 November 2010. Annual Accounts 30 November 2010 £ Annual Accounts 30 November 2009 £ Turnover 28,621 - Gross Profit 10,350 - (75,834) (29,251) 444,975 266,979 38,989 24,659 (489,049) (220,889) (5,085) 70,749 100,000 100,000 (105,085) (29,251) (5,085) 70,749 Profit and Loss Account Dividends Net profit / (Loss) After Taxation & Dividends Balance Sheet Fixed Assets Current Assets Liabilities Total Assets Less Liabilities Capital and reserves Profit and loss account Shareholders Reserves www.ksagroup.co.uk KSA Group Ltd Autoworks Express Limited B - Company Creditors Unsecured Creditors Name Aviva British Telecom Bob Crosby Agencies Ltd British Gas Cid Express Couriers Creative Graphics Limited DMFX D.Ward D. Cadman Driven Car Sales Ltd D J Auto Glass Edmar Tyres and Exhaust HM Revenue and Customs HM Revenue and Customs J Mcadoor Jill Hendry K Stainsby Lloyd Bodyshop Ltd Mark Tate Northumbrian Water Premium Autocare Ltd Pullan Barnes Limited Speedo Motor Accessories Star Radio Spenco Address St Helen's, 1 Undershaft, London, EC3P 3DQ, United Kingdom 81 Newgate Street, London, EC1A 7AJ Crosby House, Fieldclose, Clarence Street, Newcastle upon Tyne, NE2 1AJ PO Box 7685, Leicester, LE19 1ZE, A3417130 7 Boundry Close, Usha Moor, Durham, DH7 7FB 12 Peel Street, Bishop Aukland, Co Durham, DL14 7LF 160 North Road, Darlington, DL1 2EJ 10 Peel Street, Bishop Aukland, Co Durham, D114 7LF Causey Cottage, 2 The Causeway, Wolsingham, County Durham, Bishop Auckland, DL13 3AZ Middleway, Mandale triangle, Thornaby, Stockton on Tees, TS17 6BZ Tanfield Manor, Tanfield Village, Stanley, Co. Durham, DH9 9PU The Old School, Coulson St, Spennymoor, Co Durham, D116 7RS Insolvency Operation, Queens Dock, Liverpool, L74 4AF Durrington Bridge Hosue, Barrington Road, Worthing, West Sussex, BN12 4SE 4 Primrose Bank Avenue, Coults, Aberdeen, AB15 9PD No2 YMCA, Herrington Burn, Houghton-le-sping, DH4 4JW Unknown Newcastle, Hunters Road, Spital Tongues, Newcastle upon Tyne, NE2 4ND The Lodge, Tanfield Manor, Stanley, DH9 9PU Customer Centre, PO Box 300, Durham, DH1 9WQ 54a Hookstone Avenue, Harogate, North Yorkshire, HG2 8ER Stephenson House, Richard Street, Hetton le Hole, Tyne and Wear, DH5 9HW The Empire Building, 12 South Street, Crook, Co Durham, DL15 8NE Chessingham Hosue, Chessingham park, Dunnington, York, YO19 5SE Tudue Ind Est, Spennymoor, Co Durham, DL16 6TG £ 1,050.00 428.43 72.00 1,627.63 250.00 1,351.42 1,205.91 294.32 5,000.00 1,783.00 252.00 430.01 2,250.00 20,000.00 5,000.00 2,102.94 3,600.00 1,680.00 77,500.00 101.70 158.58 5,681.50 158.19 1,080.00 720.00 Total Secured Creditors Name Natwet Bank Plc 133,777.63 Address Floor 9, 1 Hardman Bolevard, Manchester, M3 3AQ Total £ 16,252.37 16,252.37 www.ksagroup.co.uk Autoworks Express Limited Estimated Deficiency Account For the period from 1 December 2010 to 6 January 2012. £ Reserves Balance at 30 November 2010 £ (105,085) Amounts written off for the purposes of the statement Intangiable Assets Property Plant & Machinery, Fixtures & Fittings Motor Vehicles Stock Book Debts 108,053 261,338 67,166 450 1,900 1,700 (440,607) (545,692) Extraordinary Items Employees Claims - Redundancy & Notice Pay Creditor Adjustment (5,565) 609,447 603,882 58,190 ASSUMED TRADING PROFIT/(LOSS) FOR THE PERIOD (207,943) CREDITORS DEFICIENCY PER STATEMENT OF AFFAIRS (149,753) www.ksagroup.co.uk