Jameson Smith & Co Ltd

Visit our website for more information on business debt and insolvency solutions at https://www.companydebt.com

Thursday 11 October 2012

Optical Express to Close 40 Stores

A Subsidiary of Optical Express Group is to close 40 stores after administration.

The subsidiary of the spectacles retailer had 80 functional stores open and it is believed that 40 of the 80 stores will now close and be put under the main parent group.

According to representatives within the group there will be no job losses as a result of the administration so this is a positive outcome for the employees of  the subsidiary.

For more detailed information on administration and what is involved throughout the process visit www.companydebt.com or give us a call on 08000 746 757.

Monday 17 September 2012

Frankfurt-Based Super Club to Enter Administration

The Cocoon Club in Frankfurt Germany is to enter administration after a recent announcement that the club is having difficulties.

DJ Sven Vath thought of the idea and the club was launched back in 2004 with the intention of brining the clubbing fraternity back to Germany. The well renowned DJ remained a partner in the club.

The company is hoping to preserve the club and rescue it from insolvency via a purchase by any potential buyer in the near future.


Friday 14 September 2012

New Personal Insolvency Law Introduced in Ireland

There has been a new Irish Insolvency Bill installed as recent as the end of June 2012. This new radical legislation is designed to overhaul Irish law on personal insolvency and Bankruptcy.

One major point that has been addressed is the length of a bankruptcy period from 12 years to just 3. Estimates show that around 21,000 people in Ireland could benefit from the new legislation in the coming year.

This insolvency bill comes as a relief for many people in Ireland who are struggling with personal insolvency problems.

Thursday 13 September 2012

Former Sharapova Sponsors in Administration

The previous sponsors of tennis superstar Maria Sharapova have recently gone into administration.

Prince Sports Europe Limited started some time ago in the USA as a tennis ball machine manufacturer and grew to be one of the industries leaders in manufacturing and performance. The tennis firm has recently filed for bankruptcy and administrators were appointed on the 15th of August.

Prince Sports Europe Limited backed plenty of well known tennis players such as Jennifer Capriati, Jimmy Connors, Martina Navratilova and Nikolay Davydenko.


Wednesday 5 September 2012

Travelodge CVA Confirmed

With the recent approval of the company voluntary arrangement (CVA) proposal for Travelodge by its creditors, the firm can now begin to restructure its property portfolio.

A huge part of the problem for the Travelodge was the unrealistic lease agreements within the company and the company voluntary arrangement will allow the business to start building off of firmer ground. 

As an alternative solution to liquidation, a company voluntary arrangement allows a struggling firm to trade on through the successful approval and process of the CVA insolvency tool.

For more information on company voluntary arrangement, company liquidation and other insolvency solutions that are available to you visit www.companydebt.com or call us free on 08000 746 757.

Thursday 30 August 2012

Trinity Mirror Hires Ex HMV Boss

Simon Fox, the ex CEO of HMV has been hired as the new boss of media group Trinity Mirror.

Trinity Mirror have confirmed the new appointment very recently after speculation on the news caused discussions over whether it was going ahead.

There has been some concerns voiced through social media forums from shareholders about the new appointment of Mr Fox, given that his two previous appointments have been over some very reputable company's that have now been left in less than optimal financial position.

The last company Mr Fox was CEO of, HMV, saw a 98% drop in share price over the period that he was employed at the company which is almost certainly why there has been so much concern from shareholders of Trinity Mirror over his new appointment there.

Insolvency is a challenging period for any sized business and making the right decisions when it counts is not an easy task for the average person. Getting the correct guidance throughout the more challenging periods is essential for the success of your plan so if your company is struggling with cash-flow problems please get in touch with us sooner rather than later to find out your options at no cost.

Call us on 08000 746 757.

Thursday 23 August 2012

JD Sports Sale Going Ahead

JD Sports has a rugby brand called Canterbury and this is the part that is to be would for around £22.7 million to the retail company Blacks Leisure Group.

The brand Canterbury was established in 1904 in the New Zealand province of Canterbury and has been making and selling rugby tops ever since. It has grown since this date to become one of the worlds largest rugby brands.

The fact that Canterbury has recently secured a long-term agreement as the official rugby football union kit partner will make the deal more attractive to purchaser Blacks Leisure Group.

To compliment our recent internal blog on our website www.companydebt.com this is an ideal situation where a business sale can be a great opportunity for both companies involved, unlike a situation that involves an insolvent company with little chance of success going forward.



Monday 20 August 2012

Limited Company or Sole Trader?

Quite often we get calls throughout a week and a common question is "Am I protected?". What is the main difference to you as a person in business between a limited company and a being a sole trader? The simple answer is protection. When heading for insolvency a sole trader has the distinct disadvantage that their person debts and the business debts are one in the same thing. This is not always the case if you are running a limited company.

A benefit of having a limited company to a director is the protection that the limited liability status provides. If all of the company debts are unsecured and there are no personal guarantee signed on any of the agreements with creditors then you are far better protected that if you were a sole trader.

Clearly this does not mean that you can neglect your company's creditors, but what it does mean is that you can manage the situation with more personal security and less stress.

This seems to be a common misunderstandings when speaking with business people in the UK when discussing insolvency and the risks involved.

Friday 17 August 2012

Travelodge in Trouble Once More?

Debt ridden hotel chain Travelodge is having some difficulties with its creditors as they feel that the rescue plan is not as they would like.

The British Property Federation has called for a review of the company voluntary arrangement that has been put forward by the insolvency practitioners that have been engaged by the hotel firm.

At least 109 of the total hotels within the chain have been deemed as viable.

The Travelodge has around £1 billion worth of both secured and unsecured debts, however, they saw a 20% rise in profits last year creep towards £55 million. This shows promise in these challenging times for hotel chains so there could be promise for the Travelodge.

Talks are going on at the moment between KPMG, the insolvency practitioners who have been engaged by the Travelodge and the creditors to find some sort of middle ground for the company voluntary arrangement otherwise know as a CVA.

Thursday 16 August 2012

Portsmouth Could Fall Into Troubled Waters Once Again

Portsmouth Football Club is verging on the edge of having to consider liquidation again after the sale of the firm was rejected at the last minute.

Balram Chainrai who was lined up to purchase the club pulled out at the last moment and Portsmouth's future is now uncertain once more.

This situation was not made better by the embarrassing defeat at the hands of second division Plymouth Argyle.

Will Portsmouth have to consider liquidation once again or will they pull something out of the bag at the last minute. We are all watching on tender hooks.

Wednesday 15 August 2012

Lloyds Sells Private Equity Portfolio

Lloyds Banking Group has sold-off its private equity investment portfolio to Coller Capital for £1 billion.

In the lead up to December 2011 the portfolio had business debts of around £40 million so the sale will come as a pleasant surprise to many tax payers.

Coller Capital specialises in helping to provide an escape route for businesses looking for an early get-out from their equity investments.

It is said that the transaction made Lloyds around 100p in the £1.

Tuesday 14 August 2012

Alternative Investment Firm to Pay Out More Than They Hoped for

An alternative investment firm, Centaur Global Limited was liquidated back in January and is now being told to repay some of its creditors after an in-depth investigation by the liquidators, Begbies Traynor.

A representative at Begbies Traynor said that they were able to maximise the potential return for the creditors due to a full investigation taking place.

Centaur owed creditors around £2m at the point of liquidation and the creditors had no expectations of getting a return, however, since the investigation the situation has moved in their favour.

Centaur was an investment firm focussing on running a number of funds worth millions surrounding online sports exchanges for the odds on sporting event outcomes.

It just goes to show that even when a limited company has been put into liquidation it doesn't mean that important areas go unnoticed. It is the Liquidators responsibility to carry out these types of investigations and make sure that all areas such as this are fully addressed before moving onto the next case.

Africa Olympic Village Closes

The Africa Olympic Village has shut down due to debts that were unable to be paid.

The village was shut down on Wednesday the 8th of August because of the mounting debts that were owed to creditors.

A representative said that the downfall was mainly due to logisitcal issues.

The site played part in hosting music and dance events and is situated in Kensington Gardens in West London.

This information comes as a shock and upset to most that were involved with the village and it seems a shame for the business to hit insolvency so soon during the Olympics.

Friday 10 August 2012

Portsmouth to be sold?

Looks like Portsmouth football club is to be sold off after a deal has been struck by administrators to off-load all of the senior players.

The previous FA Cup winners have been insolvent for some time now and they have been considered many insolvency solutions such as a company voluntary arrangement and voluntary liquidation.

The sale of the club will take place next week, days before the new season starts.

This shows the level of business that can struggle with insolvency, it's not exclusive to small UK limited companies. Businesses of all sizes can come into difficult times. The insolvency solutions are often the same to consider and it all depends on the company's situation as to which one they choose to help them towards their goal.

www.companydebt.com

HMV announce more losses

HMV have recently announced that they have more losses totalling at around £16.2 million and have also taken out a loan to help support the business in the near future.

The retail music firm has had around a 12% drop in profits compared to last year and the loan they have recently taken out is £4.4 million to try and aid the business' future.

The struggling limited company is trying to trade through the difficult period with a venture into selling hardware products and although a spokesperson has said that sales of the hardware products are on the rise, so far the plan doesn't appear to be doing enough.

I for one would like to see HMV stay on the high street as I believe it is a valuable asset to the UK's retail sector and provides a good selection of attractive products.

Retail has been hit hard as we all know and there are many businesses on the high street facing similar situations but with the added challenge of not being able to borrow money for whatever reason. When a limited company is struggling and is approaching insolvency there are a few solutions that can be selected to help the business to either trade on or close down with the potential for the same director to start afresh with a new company.

Simply closing down with debts to consider may be a situation for voluntary liquidation such as a creditors' voluntary liquidation. Alternatively, if you want to keep on trading with the same legal entity you may want to consider a company voluntary arrangement. More about these solutions can be found at www.companydebt.com.

Wednesday 8 August 2012

Year on Year Fall in Compulsory Liquidations

Statistics show that there has been an 18.7% year on year fall for compulsory liquidations from the second quarter of 2012 compared with the same period last year.

The figures are supported with the coming of the Olympics that has had a positive impact on many UK businesses recently.

Against these figures there was also a rise in company voluntary arrangements (CVA's) within the same period which is a positive sign for UK limited companies as this is a solution to help businesses trade on.

There was a slight increase in creditors' voluntary liquidations within this period of around 0.4% against the previous year.

A representative from R3 the Association of Business Recovery Professionals has said that although the retail sector appears to be having its own challenges at the moment, corporate insolvency on the whole is actually down so its a positive outlook for the time-being.






Monday 6 August 2012

Could there be trouble for Thomas Cook?

The travel company, Thomas Cook have been struggling for some time. The tour operator firm has just confirmed greater losses in Q2 than they had hoped and is a stark comparison against the profits in 2011.

The total losses for Q2 are said to be £26.5 million. If we compare this against the profits of the same period in 2011 which was around £20.1 million the travel company clearly has cause for concern.

Comparing the same period within a 2 year time frame displays a volatile trend so anything could happen.

They were hoping for sales form their Olympics packages to support them throughout this period, however, sales have been disappointing low.

Many companies are having insolvency difficulties and cash-flow problems at the moment in the UK and deciding which solution to take such as a company voluntary arrangement or biting the bullet and going through a voluntary liquidation can be hard. What sort of solution will Thomas Cook reach for?

A common word mentioned several times when representatives from Thomas Cook have been questioned is 'challenging'.

Let's hope that the travel firm is up to the challenge and comes out stronger on the other side.

Thursday 19 July 2012

Who pays the Directors?

Among the first of many questions asked by directors of a company in financial difficulty is ‘how am I going to pay my staff?’.  With challenging cash flow and depleting available funds, most directors in such situation opt to forego their own salary to pay for their staff.  A noble action indeed, but it is the right one?


When the company eventually goes into liquidation, the government through the Redundancy Payments Service and under the Employment Rights Act scheme protects employees for unpaid wages.  Employees owed unpaid wages, holiday pay, notice pay and redundancy can claim against this scheme and chances are the employees will be paid their entitlement albeit with a few limitations.


For directors, they have the same opportunity to claim.  However, there are more hurdles to overcome before payments are made to them.  In most circumstances, director/owners of liquidated companies tend to have their claim rejected.


As always, help from experience professionals such as ourselves may be the difference between losing out on such a claim and receiving a cheque from the government.

Wednesday 18 July 2012

Retail in Scotland looks set to suffer

Retail in Scotland is being hit by a lack of consumer confidence coupled with a shift to online shopping. High Street stores across Scotland are facing a “bloodbath” of closures as families struggle to cope with soaring living costs and massive job losses.


R3, the Insolvency’s industry trade body, quoted yesterday that more than a quarter of shops and nearly a fifth of hotels in Scotland could go bust within the next 12 months, according to a report. The figures were that 274 retail businesses and 30 hotels in Scotland had a "high risk" of failure. A further 1,238 retailers and 137 hoteliers were "vulnerable to failure" in the next year.


R3 indicated 26.15% of all retail firms and 17.99% of all hotels were at risk.


An insolvency practitioner’s license covers England, Scotland and Northern Ireland so that he or she can act throughout the whole of the United Kingdom.

Monday 16 July 2012

Bloc Weekend called off as Administrators called in


Bloc Weekend has called in the administrators after having to shutdown one day into the festival, Jamie Playford of Parker Andrews was appointed administrator on 11 July 2012.

On Friday 6 July, Bloc Weekend in London, run by Baselogic Productions, was closed down due to fears of overcrowding, the administrator is still “fact finding” about what led to the closing of the event and couldn’t comment in detail until after the investigation was completed.

A statement on the event’s website read: “It is with great sadness we announce Baselogic Productions, who you all know as Bloc, has been placed into administration following the events of Friday. “The team are working hard with the administrators to investigate the issues that led to the closure of the event and people will be updated as and when we have new information.

This shows that administration can affect any company, even those which are supported by headline groups.

Friday 13 July 2012

South London Healthcare Trust enters Administration


After weeks of speculation, South London NHS Healthcare Trust has entered administration after running up substantial debts.

South London NHS Healthcare Trust was the result of a merger of The Princess Royal hospital in Orpington, the Queen Mary hospital in Sidcup, and the Queen Elizabeth hospital in Woolwich. At this time, deficit was about £21 million. In 2011, this rose to £40 million.

Despite having one of the lowest mortality and infection rates in the country, and massive improvements in the quality of care, the financial challenge facing the trust is significant. A trust spokesperson said the hospitals will continue to provide first class care and there will be no impact on scheduled appointments.

Thursday 12 July 2012

Number of New Insolvencies drop during summer months


The British summer is known for bringing cloud, wind and rain.  And this year it has been no different so far.  The summer also signals school breaks and holidays for many of us in Britain. 

In Insolvency, there is a trend developing each summer where the number of new insolvencies drops as people tend to take their eyes off their financial position and try to make it through the summer enjoying themselves.  As a result, come Autumn, struggling individuals and businesses tend to find the noose tightening around their necks and scramble for help in any shape or form to overcome the troubles they are facing.

The Summer does not stop creditors pursuing you.  The sooner you act on any form of creditor pressure usually means a positive outcome for ailing businesses and their creditors.  Business consultants such as ourselves have experience in dealing with these situation.  Why wait for Autumn when you can deal with issues now and have a good summer as well?

Provided the sun keeps the rain away of course..

Monday 9 July 2012

Comedian Frankie Boyle Liquidates his firm via an MVL

Comedian Frankie Boyle has recently been in the spotlight for putting his firm Transkor Productions Limited into voluntary liquidation.

The TV entertainer has been attracting attention as he has recently benefited from making use of the entrepreneurial tax relief scheme through the implementation of a members' voluntary liquidation. 

Mr Boyle's company had a realisable asset value of around £3,083,884 before the liquidation took place. The liabilities were roughly £873,388, most of which was owed to HMRC. The estimated surplus value left-over after the liquidation was paid for and HMRC debts were settled for Corporation Tax & Vat was around £2,201,906.

Instead of extracting the remaining cash as income or dividends, Mr Boyle used the tax relief scheme through the use of a members' voluntary liquidation and only paid around 10% tax in comparison with 50%.

This is a perfect example of how directors' can utilise a members' voluntary liquidation to extract cash and assets in a tax efficient way.

Friday 6 July 2012

Tour operator struggling

Thomas Cook are still having difficulty with their finances after announcing half year losses on the rise, following a challenging six months.

According to Thomas Cook - more than half the deficit was due to costs of £384.6m - classed as specially disclosed items - which are not the result of normal operating performance.

The travel firm has still recorded a loss of £328m compared with £269m for the previous year.

Earlier this month the travel company had struck a new £1.4 billion refinancing package with its lenders until 2015.

With Thomas Cook struggling - it's no wonder how some of the smaller travel firms are also having a tough time and are facing company insolvency in this challenging economic period ahead.

Thursday 5 July 2012

Is the UK becoming a Brothel for Irish Bankruptcy Tourism?


While bankrupts in the UK face only one year in financial purdah, in Ireland it is 12 years – despite promises of reform from the Dublin government.

This has led to a number of Irish Business' entering the UK and changing their Centre of Main Interest (“COMI”).

Two recent cases cast different dispersions about the ability to change a person COMI

The first case was an Irish couple who built up a €1bn (£800m) portfolio of luxury property, stretching from London to Washington DC and Stockholm, will attempt to file for bankruptcy in London on Thursday.

Brian O'Donnell, a high-profile Dublin corporate lawyer, and his psychiatrist wife, Mary Patricia O'Donnell, are accused of being among the Irish "bankruptcy tourists" fleeing to the UK to use Britain's more lenient bankruptcy laws. Mr McFeely’s Coalport company built the Priory Hall apartments in Dublin, and the O’Donnells are being pursued by Bank of Ireland for €75 million in unpaid loans related mainly to property investments. Both claim their main centre of business activity is Britain where the bankruptcy laws are different to those in Ireland. The High Court has currently adjourned the hearing and it is not certain where COMI lies.


Another case involved Mr Quinn, a well known Irish businessman who originally was declared bankrupt in the UK on presentation of his own petition. He contested that he had switched his COMI to the UK. The Irish Banks were not happy that he had declared bankruptcy in the UK and sought to seek an annulment. This was based on the fact that he had not disclosed various tax and other disclosures when going bankrupt. The Bankruptcy was annulled in the UK and a few days later he was declared bankrupt in Dublin

Peterborough NHS Speculation - Hit Back


Peterborough and Stamford Hospitals (PASH) NHS Foundation Trust has hit back at comparisons made of its financial position with that of South London Healthcare NHS Trust. PASH NHS Trust was forced to issue a statement amid speculation over its financial position following news the London NHS trust may enter administration as a result of a £69 million hole in its finances for the financial year 2011/12. However, Nigel Hards, chairman of PASH NHS Trust said the organisation has created a five-year recovery plan to deal with a £54.3 million loss brought about by PFI repayments for its £289 million Peterborough City HospitalPASH have explained that as a foundation trust they are regulated in a different way. Although there are significant financial issues there is also a five-year recovery plan in place which is in the process of being approved by the Department of Health. It is then a situation that will be reviewed to help assess the recovery.

The hospital have made it clear that staff and patients should be assured that although there are issues, the board is working closely with the regulators in order to stabilize the situation.

Nigel Hards, chairman of PASH NHS Trust says “Although this cannot happen immediately, we believe we have a robust plan that spans the next five years.”

Wednesday 4 July 2012

Retail Sector Insolvencies on the Rise

The number of retail sector failures has risen by more than a third recently.

Around 670 retailers went bust during the first quarter of 201 which is a 38% rise against the 486 that became insolvent during the last quarter of 2011.

This is a 3% increase on the number if businesses that failed during the same period last year, confirming that this year is in fact worse for insolvency figures.

The retail sector has been struggling to get back on its feet since the first recession that began in 2008. Since this period the UK has slipped back into a double-dip-recession and has forced many business to consider voluntary insolvency solutions such as liquidation or company voluntary arrangements.

Many are blaming the double-dip-recession for pulling the retail sector back down into insolvency.

Jameson Smith & Co help UK directors to get out of tricky insolvency situations. We speak with directors every day so get in touch if you need help with your company.

You can get in touch on 08000 746 757 or use our live chat facility at the top of the page.

Insolvency & Rescue Awards 2012

This years Insolvency & Rescue Awards are coming to us this October!

Last year many insolvency practitioners turned up hoping to be selected and walk away with an award in-hand. Some great insolvency practitioners won some great awards.

The Insolvency & Rescue Awards celebrates the achievements of firms and individuals in a challenging sector.

To read more about the Insolvency & Rescue Awards 2012 visit the website at www.insolvencyandrescueawards.co.uk

Friday 29 June 2012

No Buyer as Yet for Clinton Cards...

Over 40 Clinton Cards stores have closed down by the administrators this month. The 43 stores that were closed were part of the 330 store that were not included in the deal confirmed on the 7th June.

Among the stores that have closed are the sites that include Basildon Town Square, the Galleries shopping centre in Bristol, the Glades shopping centre in Bromley, the Liberty II shopping centre in Romford and Wrexham's Regent Street branch.

A representative at the insolvency practitioners that have been appointed as administrators feels that there is a strong underlying business within Clinton Cards despite the current economic conditions.

Small Business Owners Risk Personal Insolvency

Small business owners tend to risk Personal Insolvency as a consequence of business failure.

Many owners of small companies invest their own money in their business, borrow in their own name (rather than the name of the business) in order to fund the Company or take out a second mortgage.  Draw on personal credit cards to help support the business.

It is important to obtain appropriate advice. There are many routes to structure the Company debts by way of formal insolvency for the Company such as Liquidation, Administration, Company Voluntary Arrangement. At the same time personal indebtedness can be structured by way of Bankruptcy, Individual Voluntary Arrangement.

Thursday 28 June 2012

Jacobs Cameras Closing Some Stores to Become More Attractive to Potential Buyers

PFF Accountants are managing the administration of Cecil Jacobs and they have confirmed that they are to close several stores in some key areas to help make the business more attractive to potential buyers. some of the areas in which the stores are closing are Birmingham, London, Derby, Hull, Kingston-Upon-Thames, Liverpool and Sheffield.

Around 46 staff are unfortunately heading for redundancy due to the insolvency proceedings, however, this is considered necessary according to the insolvency practitioners if the business is to be sold.

A representative at the insolvency practitioners firm said "These measures are painful for everyone involved, but they are essential if we are to have a reasonable prospect of finding a buyer for the business as a going concern - although we recognise that there are likely to be more challenges ahead".

The camera company has already had a number of potential acquirers who have expressed their interest and are now in a position to start negotiating. It looks likely that Cecil Jacobs is set to avoid liquidation if it can help it.

How Will I Pay My Rent?

1st of July is just around the corner.  For a majority of businesses, this signals that the next quarter rent will fall due. 

At a time of austerity measures and dwindling turnover, a huge bill, however expected, is increasingly becoming a challenge to business.  The problem becomes greater for small businesses fighting for survival.  Many a times have we seen businesses falling short of the rent demand having to come into arrangements with landlords just to keep in business and a place to trade.  When the pressures become too much, these businesses were often pushed into either voluntary insolvency or compulsory insolvency and consider outcomes such as liquidation.

When faced with a large rent demand, businesses should immediately assess their financial opposition and decide their ability to continue.  If they cannot deal with these issues themselves, financial advisors such as ourselves may be able to help.  We have dealt with landlords in various issues and the outcome we seek focus on a beneficial outcome for all parties. 

Wednesday 27 June 2012

HMRC Responsible for Over 60% of Winding Up Petitions

The HMRC are still responsible for over 60% of all winding up petitions so they are still aggressive and a clear threat to companies struggling with failed time to pay arrangements.

Far too often we get calls from directors who are desperate for help, but who have tried to muddle through and left things to the very last minute. When HMRC are involved and they have decided to issue, or even threaten, a winding up petition you must act immediately. You have a limited time window to respond and act. Few directors fail to realise that once the HMRC have started to pursue a winding up petition they will not stop until your company is successfully put into liquidation, one way or another. The only way HMRC can be stopped is via the Court once the petition has been advertised and this can be very expensive as you will be expected to pay the HMRC legal costs. 

It’s also worth remembering that once advertised your bank account will be frozen and all the company assets are frozen too, so they cannot be sold which can often have disastrous affects if you want to start afresh with a new company. Any creditor can use the same petition to close your company even if you have paid to stop the original petition. We have just had a client come to us seeking help after borrowing a very substantial amount of money from family hoping to stop the petition. Having paid the High Court petition another creditor stepped in and took over the petition but the directors were unable to raise more funds leaving them in an impossible situation.  

Monday 25 June 2012

Seaside Suffering

Five out of the 10 local authorities with the highest total individual insolvency rates in 2011 are seaside towns, with Blackpool having an individual insolvency rate of 57.7 per 10,000 adults, approximately double the England and Wales rate.

Other seaside towns that are also having problems include Wansback, Penwith, Torbay and Scarborough. Three of these towns also have an above average percentage of companies at risk of failure.

Penwith, Torbay and Scarborough all have a higher percentage of companies at risk of failure in the next 12 months compared to the national average (21.6%). In Penwith, 24.4% of companies are at risk of failure; this figure rises to 25.2% in Wansbeck and 25.7% in Torbay. Both Blackpool (21.8%) and Scarborough (20.7%) are closer to the national figure.

Although “Staycations” are becoming more popular compared to overseas package holidays, many families can either no longer afford these or are cutting down on spending while away which is significantly impacting seaside resorts.

Lee Manning, R3 President, comments “Many of these areas are still very much reliant on the holiday trade, and are therefore under enormous pressure. Without the boost that tourism gives to local economies, many small local businesses are struggling to stay afloat and this will have an inevitable impact on the finances of those who own, supply to and are employed locally by these businesses.

“We appreciate that individuals are also feeling the pinch, with wages stagnant and the cost of living increasing, but the important thing is to seek help early. We would urge any business or individual who is struggling to make ends meet to seek advice from a regulated professional.”

Thursday 21 June 2012

Insolvency Service drops case to have Farepak directors disqualified


The Insolvency service have abandoned the high court case to take Farepak’s former bosses banned from being company directors.

Farepak, the monthly money saving company, collapsed in 2006 leaving around 116,000 customer out of pocket.

Last month, the insolvency service had taken the case to court to attempt to get the former directors banned from being appointed as company directors in the future.

The Swindon based firm collected money from it’s customers every month, with a view to them being able to purchase food hampers or high street vouchers in time for Christmas.

After one of Farepaks rivals went into administration, suppliers demanded upfront payments rather than the previously agreed credit arrangements, something Farepak were not able to provide. The firm had also built up debts from previous unsuccessful acquisitions.

The former directors named in the High Court case were Stevan Fowler, Neil Gillis, Nicholas Gilodi-Johnson, Stephen Hicks, Michael Johns, Paul Munn, Joanne Ponting, William Rollason and Sir Clive Thompson.

Lawyers for the Insolvency Service said that Farepak had traded at "unreasonable risk".

Lawyers for the former directors, named as Stevan Fowler, neil Gillis, Nicholas Gioldi-Johnson, Stephen Hicks, Michael Johns, Paul Munn, Joanne Ponting, William Rollason and Sir Clive Thompson, however, said that the Insolvency Services evidence “singulary failed’ to establish a case for their disqualification.


Thursday 14 June 2012

How Insolvency Practitioners Can Help

An insolvency practitioner is necessary if you have a business that is struggling financially and you need to either liquidate it or find some way of helping it to trade on through some sort of statutory payment structure like a company voluntary arrangement.

Generally, directors will visit their accountant as their first port of call when the warning signs are apparent. Normally the accountant will admit that the advice required is outside of their area of expertise and they will automatically refer the client through to a local insolvency practitioner.

In most cases this can be the last thing that the director actually wants without even knowing it. The problem arises when the director seeks advice on how to handle the commercial or personal implications of an insolvency solution such as liquidation or a company voluntary arrangement.

Once engaged, an insolvency practitioner acts in the best interests of the creditors (people/businesses that the director's company owes money to). Naturally, the director may feel like he is getting a raw deal here as what he really wanted is someone to help him personally get out of this sticky situation with minimal complications or implication to them directly.

Unfortunately, insolvency often brings with it all manner of areas that need addressing properly and carefully and while the insolvency practitioner will make sure that the creditors interests are looked after and everything is done as it should, the director may be left feeling a bit lonely and vulnerable as they have no one guiding and protecting them personally throughout the entire process.

Director protection is where we come in. We work closely with the insolvency practitioners and the directors to make sure that successful communication between both parties and congruency is at the forefront of our work.

Creditors can sometimes get a bit aggressive and in some cases they may have good reason as they may be owed a great deal of money and directors may have neglected communication, possibly through fear of what the creditors may say. The insolvency practitioners will not be looking to step in between the directors and the creditors and Jameson Smith & Co effectively act as a barrier between the directors and the creditors controlling all communication between the two sides.

While we protect the directors it leaves the insolvency practitioners to process the insolvency documents and court procedures, communicating with us all the time so we manage the situation from start to finish.

Teesdale has largest increase of personal insolvency

Statistics show that Teesdale had the largest year-on-year increase of individual insolvency this year.

According to the Insolvency Service their research indicated that the reason behind the increase in both forced and voluntary insolvency was due to the knock-on effects of the recession. Even the Citizens advice bureau noted an increase of personal insolvency enquiries coming from the Teesdale area.

The types of insolvency cases have ranged from bankruptcies, debt relief orders and individual voluntary arrangements have all risen over the recent years for the Teesdale area.

According to the Citizens Advice Bureau they expect a further 65% increase on top of the current figures if the trend carries on.

So how can we avoid insolvency? For some the answer may be that it is inevitable, however, with careful forward planning through the use of a personal cash-flow to work out your outgoings and what you have coming in you can put the odds in your favour.

If insolvency is inevitable and it is too late to consider other options then you will want to make sure that you choose a firm that can represent you well and provide you with expert advice to help you get out of the situation as soon as you can. The Citizens Advice Bureau is a fantastic place to start as they provide free advice like ourselves. Although we focus on helping directors and business insolvency, we can always help point you in the right direction and we won't charge you for the time.

Wednesday 13 June 2012

THE BEAUTIFUL GAME

We are all caught up with “Euro 2012” fever.

The glamour, the excitement and something to take our minds off the economic doom and gloom!

However, British Football has had its share of financial worries over the years. Did you know that from 1984 to-date no less than 56 British teams in various leagues have been subject to some type of insolvency process?

Most have “lived to fight another day” and despite setbacks, the deduction of points and often relegation, they still all remain to this day giving pleasure to generations of their fans.

May be there is a lesson to be learned on the survival through any adversity!

For company insolvency advice contact us to see how we can help you and your company. 

Looks like liquidation after-all for Rangers...

After an attempt to process a company voluntary arrangement (CVA) Rangers' proposal has been rejected by HMRC forcing them to go ahead with a voluntary liquidation.

This comes as quite a shock to the club as they were expecting to be able to use a company voluntary arrangement to help them trade on.

The assets of the club may be purchased by Charles Green's consortium in the hope of setting up a newco so the club can start afresh.

Although a pre-pack liquidation and a newco is seriously being considered, it means that the club will not be able to play in Europe for three years and this could mean that they will lose some key players, further damaging the club's position, not only commercially, but also through potentially losing fans.

HMRC were owed more than £21m from Rangers and they were the creditor that pushed the club into administration back in February 2012.

It is said that a spokesperson mentioned that a company voluntary arrangement may have been more constricting than they would have liked and the pre-pack liquidation will allow them to sell the remaining assets of the club to the potential newco, helping them to get a fresh start.

Tuesday 12 June 2012

Guitar manufacturer goes into liquidation

The guitar maker Avalon Guitars is entering into voluntary liquidation. The firm that is based in Newtownards in Co Down has made guitars for hundreds of performers such as Van Morrison, Eric Clapton, The Corrs, David Gray, and Katie Melua for years.

The liquidation is being dealt with by FPM.

The meeting of creditors will took place around the end of May. The purpose of the meeting is to place the limited company into liquidation.

The factory where the guitars were made used to be visited by some of the big name celebs whilst the production was in motion.


Rangers Football Club CVA Proposal refused by HMRC


Rangers Football club had offered those owed money a reduced payment deal via a Company Voluntary Arrangement, funded by an £8.5m loan from a consortium led by Charles Green. Administrators Duff and Phelps confirmed on Tuesday they now expect HMRC to refuse the proposal at a vote on Thursday afternoon.

Mr. Green said: he was “hugely disappointed” by the rejection of the CVA proposals by HMRC, whose debt currently stands at around £21m in unpaid VAT and PAYE.

Rangers are currently awaiting an outcome to the First Tier Tribunal in a case over the illegal use of an employee benefits trust to pay players and staff between 2001 and 2010 that could result in the club being served with a tax bill of approximately £75m.

HMRC had previously agreed with Duff and Phelps to appoint neutral insolvency firm should Rangers have to be liquidated. This came after the administrators had asked creditors to appoint them as liquidators should the CVA fail.

Thursday 31 May 2012

Insolvency Expert to help Pompey fans Take over bid


Antony Fanshawe, insolvency expert at Begbies Traynor, is hoped to be able to seal the deal for fans of Pompey to take over the club. He will use his 30yrs of experience in the insolvency industry to pull together the strands to form a successful bid for the Pompey Supporters Trust, along with the administrator Trevor Birch.

According to the trust, talks are continuing with 5 ‘high net worth individuals’, all lifelong Pompey supporters. Mr Fanshawe has appealed to fans and businesses in Portsmouth to get behind the bid.

Mr Fanshawe is said to be delighted to be involved with the bid and is keen to help the trust see what they can do.

Antony Fanshawe qualified as a chartered accountant with PriceWaterhouseCoopers in 1980. He set up ‘Fanshawe Lofts’ in 1990 – a corporate finance and recovery business in the South of the country, which later merged with Begbies Traynor in 2008.

Meanwhile, Pomey’s former owner, Balram Chainrai, is looking to reveal CVA proposals in the next few days.

Pompey exiting administration through this method would mean avoiding points penalties next season.

Wednesday 30 May 2012

Head of Ex-DEFRA takes on CEO role within the Insolvency Service

The Insolvency Service has now recruited the former DEFRA divisional chief executive as its new their new CEO.

Richard Judge succeeds Stephen Speed who has been CEO of the Insolvency Service for more than four years. Mr Speed is now going to become the director of the Energy Development unit at the Department of Energy and Climate Change.

Richard Judge has been the CEO of an agency within the DEFRA (Department for Environmental Food and Rural Affairs) since 2007, prior to that he has worked in the nuclear, rail and environmental sectors in the UK, having no previous experience in the insolvency sector. Judge is set to start at the Insolvency Service around the end of July.

Tuesday 29 May 2012

Law Giant enters administration following demise in US


Law giant Dewey & LeBoeuf has put its UK operations into administration following their bankruptcy in the US.

Most of the UK branches staff have been left without jobs, save for a small team assisting with the administration. Shay Bannon and Mark Shaw of BDO have been appointed joint administrators.

The law firm operated its UK LLP from its offices in Paris and London, and is to closed down in a controlled way, safe guarding client interests and files, whilst maximising the return to creditors of both Dewey LeBoeuf’s UK LLP and sister company Dewey & LeBoeuf Services Ltd.

Troubles experienced in the US are blamed on the continued economic downturn leading to insufficient cash to cover expenses. Around 300 of the partners also left to pursue opportunities in rival firms, due to uncertainty surrounding compensation and substantial debts of between $100 million and $500 million.

Monday 28 May 2012

New loan scheme for young entrepreneurs


David Cameron has just launched a new loan scheme to help young entrepreneurs start in business.

The new 'StartUp Scheme' is targeted towards bringing much needed funds to your business people between the ages of 18 and 24 who can prove that they have a strong business plan. The average loan amount is based around £2,500. This comes as a welcome gesture, given the lack of support from banks in this department.

According to Cameron's enterprise advisor Lord Young the UK could have up to 900,000 more businesses within our economy if we took the a similar route as the USA.

On top of the loan which is at a rate of around 3% and can be over a period of up to 5 years, young business entrepreneurs will also receive advice, support and training to help their business plans have more chance of success.

Is this enough though? We are hoping that this will be enough to strike-up interest and enthusiasm in the young hopefuls, however, with banks being unwilling to extend or even provide overdrafts in some cases - it will be hard for come of these youngsters to stay in business. Hopefully, the banks will follow suit and start being more supportive across the UK to help business men and women that are in need of extra money to keep them in business and away from liquidation.



Tuesday 22 May 2012

Japan's credit rating drops over debt concerns



Japan's credit rating has now been downgraded by two levels by rating agency Fitch on concerns about the country's high levels of debt.
Fitch cut Japan's rating to A+ from AA and warned that further downgrades were possible.
Japan has by far the highest debt to GDP ratio of any major economy, although much of this debt is held by domestic investors.
The government has spent huge amounts of money on trying to stimulate growth not unlike our own economy here in the UK.
Part of the pressure within our own economy is at grass roots level. With the banks not lending, businesses are finding it more challenging to keep cash-flow at levels that can be managed easily. It as at this stage that companies often consider liquidation as they are unable to continue to trade. To find out more about liquidation or in this case more specifically, a creditors' voluntary liquidation visit www.companydebt.com or give us a call on 08000 746 757.


Tuesday 15 May 2012

North West Landbanking Companies Wound Up by Insolvency Service


Following an investigation by the company investigation department of the Insolvency Service, two landbanking companies based in the North West have been wound up.

Sterling Mortimar of Southport and CLS & Partners, based in Warrington, sold small plots of land in Wakefield to investors, on the premise that CLS & Partners would pursue planning permission for development of the land with a view to sell the site to a developer. Investors were assured that planning permission would result in a huge increase in the value of the plots.

The findings of the investigation by the Insolvency Service showed that neither company had made an application for planning permission to develop the site, and had they done so, it was highly unlikely that it would have been granted by the local authority. Agents selling on behalf of the companies, mislead investors that permission had already been taken care of.

Around 74 plots were sold to investors totalling the amount of £924,600, of which all of the funds were spent by CLS & Partners. It’s bank account was closed in November last year. Much of this expenditure is unexplained as adequate accounts had not been kept. £212,000 had been spent on the purchase of auctioned motor vehicles, and further £483,500 had been paid to associated company, Curved Ball, a company that had been dissolved in late 2011.

Monday 14 May 2012

Scots using too many pay day loans

The number of Scots turning to expensive payday loans in a desperate attempt to ease their cash-flow problems more than doubled last year, alarming new figures show.
Scots are also increasingly likely to take out more than two payday loans and are getting into deeper debts with the firms, according to research for The Scotsman by the Consumer Credit Counselling Service (CCCS).
Thousands of Scots have resorted to payday loans in recent years after being denied credit by mainstream lenders and demand continues to grow as unemployment creeps up and pressure intensifies on household incomes.
Payday loans are designed for short-term repayment, but those unable to clear their debt on time face annual interest charges of up to 3,600 per cent, sending them spiralling deeper into debt.
Almost 9 per cent of Scots going to the CCCS for help with their debts last year had a payday loan, up from just 3.6 per cent a year earlier, it reveals today.
The number of loans taken out by CCCS clients averages out at 2.37, while the typical amount owed has jumped from £919 two years ago to £1,199.
One in three Scots admits to anxiety over their debt levels, recent R3 research found, with twice as many people north of the border as elsewhere in the UK worried about their payday loans.
For free confidential company debt advice call us on 08000 746 757 or visit our site at www.companydebt.com

Thursday 10 May 2012

Blackburn Rovers cutback to avoid Administration


Blackburn owners ‘Venky’s’ are rumoured to be making cutbacks and redundancies in an attempt to avoid administration.

Reports suggest the club’s problems stretch beyond the club’s recent relegation to the Championship on Monday, with some sections of the media suggesting the club could be set in enter into administration. This would mean many of the Lancashire club’s employees would now face redundancy.
The club's owners are in talks whether to sell off their training facilities and pitches at Brockhall Village in order to free up cash and create development opportunities in the area.

Friday 27 April 2012

Double-Dip Recession?


According to official data the UK has slid, albeit slightly, back in to a double-dip recession for the first time since the ‘70’s. Whilst I’m sure the opposition politicians will make political capital out of this and the economists will argue how accurate the statistics are, the real danger is that potential consumers and ‘blue chip’ companies will simply hang on to cash. With a very fragile revival and little sign of the banks coming to the rescue for small to medium sized businesses any time soon, this gloomy news will only add to depressing outlook for small companies when thinking about the double-dip recession.  

The government can argue that there is conflicting evidence that recent surveys have showed manufacturing, services and even construction all enjoyed decent growth in the first quarter of 2012. To my mind it does not really matter what the figures are saying, the bottom line is the historic figures by their very nature are telling us where we have been and not where we are now. It’s what happens next that will really matter for businesses across the UK. The banks who market themselves as being friendly to businesses are as usual nowhere to be seen and the vast majority of companies we have to assist could be helped with something as simple as an overdraft.  The banks are simply not lending, not to business and not for residential mortgages and they appear to be looking for any reason not to lend. It is no wonder why we are entering recession once more.

From a business' perspective, we should not be surprised, however, as the vast majority of banks have rarely been a supporter of businesses in the UK as generally speaking, the percentage of a banks profits that are generated by business lending is minimal, always has been.

Not lending for residential mortgages is extremely serious and this is new as the chaotic financial services regulations are making matters worse and frankly being used by the banks as a reason not to lend. Only a few years ago it was estimated that the property market generated around 38% of all financial services gross revenue; 33% of all building and construction and the smaller the company the more likely you are to get hit. More worryingly around 64% of all small builders, decorators, electricians, plumbers, carpenters depended on extensions and small build projects. Residential lending has fallen off a cliff and there is unlikely to be a recovery from this double-dip recession until the banks want to start lending again and stop building cash reserves driven by the concerns in Europe.

There is also a real problem with confidence or more importantly the lack of it. It’s estimated that the large corporates in the UK Top 100 are sitting on around £175 billion in cash, a problem that has also contributed to the recent double-dip recession. There is no hint that they are going to start investing in infrastructure, research and development, or shelved expansion plans. The lack of confidence does not stop there as you only have to look at the number of pubs, restaurants and retailers we help to know there is still very little spending going on too.

Unless we can find a way to encourage these large corporates to start investing and the average consumer to start spending we cannot depend on the banks to come to the rescue in the recession the second time around. Dr Adam Posen of the Bank of England’s Money Policy Committee has stated that he believes the economy will struggle until the banks start lending again. Until the situation in Europe is resolved I would not hold your breath as far as banks are concerned.

I wish there was a magic want to solve the problems in Europe and improve consumer and corporate confidence, but there isn't one. My advice is, ‘batten down the hatches’ and expect things to get worse this year. Streamline and focus on your strengths in your business as you will find little in the way of external support from the banks and although the news about the double-dip recession is gloomy, try not to focus on what the press are saying and spend that time thinking about how you can fortify your business model.

If you have tried to trade on, but for one reason or another business just has not improved pick up the phone for genuine help and support through times of insolvency. Speak with one of the team on 08000 746 757.

Thursday 26 April 2012

Barclays bank makes £2.45 billion profit

In the first #quarter of this year #Barclays made a #profit of around £2.45 billion which is well ahead of their expectations.

#Barclays took a £300m hit to cover payment protection mis-selling claims, which has become a major cost in recent moths for most #banks.

In a bid to deal with the problem, it set aside a £1.3 billion cushion after a rise in #PPI claims.
It said the unexpected success were largely down to the UK's retail #banking division and Barclaycard, which both performed well.
Barclays chief executive Bob Diamond has been criticised over his £17.7 million pay package for 2011, which is expected to come under increased scrutiny at the bank's annual meeting on Friday despite recent moves to subdue a #shareholder rebellion.


Tuesday 17 April 2012

Food Companies Struggling:

Premier Foods is one of the lowest-rated financially healthy retail companies in the UK, according to newly compiled research from Company Watch.

The owner of the Hovis and Mr Kipling brands came in with a H-Score of 14 out of 100, which is judged on aspects such as a business’ balance sheets and the prevalence of intangible assets. Premier Foods has also been in Company Watch’s Warning Area consistently for the past five years, with a health rating score of 25 or below.

The analysis is based on each company’s last five years’ published accounts, as processed through the Company Watch H-Score risk assessment model.

The average H-Score across the whole retail manufacturers sample was 52 out of a maximum 100.

Nick Hood, head of external affairs at Company Watch, said: “Our survey highlights the problems facing retail suppliers. They, like the retailers themselves, are suffering a knock-on effect from a fall in consumer confidence and reduced disposable incomes of shoppers. At a time when like-for-like sales are falling and consumers are demanding evermore value for money through deep discounts, retailers are inevitably making most suppliers share the pain.

“The accounts we examined are mainly for periods ending during the latter part of 2010 and early 2011, which means that these figures do not yet reflect fully the upward pressure on manufacturers’ costs from rising energy and commodity prices. Once these feed through, we can expect the financial health of the sector to deteriorate further, with more manufacturing companies falling into our Warning Area and becoming vulnerable to insolvency or restructuring.”

In total, 173 companies (25%) out of 681 of the UK’s largest food, non-alcoholic beverage and clothing manufacturers, were currently in its Warning Area, with health ratings of 25 or below out of 100.

Dairy Crest, producer of Cathedral City cheese, Utterly Butterly and Clover spreads, fell into the Warning Area category after its March 2011 results with an H-Score of 20 and was pushed deeper when its interim figures to September 2011 produced a lower H–Score of 16.

Drinks manufacturer Britvic, owner of the Robinsons, Tango and 7Up brands, also appeared in the Warning Area with a current H-Score of just 17 out of 100 – a financial rating partially driven by the high level of intangible assets, which are almost 15 times the company’s net worth.

Statistics on all UK companies for the past 14 years show that one in four companies in this ‘red danger zone’ have either gone on to file for insolvency or have undergone major financial restructuring.


Thursday 15 March 2012

Landlords should take a more flexible approach...

Mary Currie-Smith, partner at the Cambridge office of Begbies Traynor, said landlords needed to take a far more flexible and pragmatic approach … or risk seeing properties left vacant.

A LONG-STANDING coach company is to close its doors for good — leaving 30 people without jobs.

Cresswells Coaches
Cresswells Coaches confirmed its insolvency yesterday after administrators admitted they had been unable to find a buyer amid rumours of crippling debts.
Staff still remain at the firm’s base in Shortheath Road, Moira, while the firm also has a shop in Market Place, Burton (pictured right) and agents based in Ashby, Hatton, Linton, Newhall, Rolleston and Stretton.

Friday 10 February 2012

Hotels & Restaurants In Trouble?

Recently it has been drawn to our attention that a growing number of hotels and restaurants have been struggling to manage their liabilities in a controlled way. We have been receiving more and more calls from directors from hotel and restaurant companies asking about insolvency solutions to help them trade on.

Jameson Smith & Co. can provide a number of options within these types of situations so if you have a hotel or a restaurant and you are having a hard time paying bills when due, please do not hesitate to contact us directly on 08000 746 757 or visit our website first: www.companydebt.com