Winding Up Petition ~ lessons to be learnt for company directors

The recent winding up by the Insolvency Service of Jacob H Ltd (JHL) on 14th May 2014 provides a few lessons for directors; apart from the obvious one of making sure that you provide services that you are taking payment for. The company traded in London, but offered large goods vehicle (LGV) driving services across the UK and did not actually provide the services in the majority of cases. You can read about the actual Insolvency Service case by clicking here.

The Insolvency Service investigations supervisor David Hill said: “This company appeared to have no intention of providing the services it claimed it could and instead duped customers into paying for service they were never likely to receive and winding it up protects the public from losing more money in this way. “The winding up should serve as a warning that the Insolvency Service will take action to remove rogue companies from the business environment.”

The company failed to file accounts but it is known that £130,000 was taken in deposits and even where refunds were agreed they were never paid. The average customer paid £920 deposit to book their lessons so the number of customers involved and eventually defrauded were quite substantial. It is not clear if criminal charges may follow but the directors Hussain Ahmed and Mohammed Khaled will now be interviewed by the Official Receiver and a full investigation of the directors actions will now follow. The directors can receive disqualifications from 2-15 years, fines and even a jail sentence for the most serious offences. The Insolvency Service was alerted by Islington Trading Standards who had received 40 complaints of services not being provided despite being paid for.

What the Insolvency Service does

The Insolvency Service is a government body and is responsible for all compulsory liquidations (winding up) in the UK via the official receiver. One of the key tasks of the official receiver on behalf of the Insolvency Service is to identify why the company ended in an insolvent liquidation and became insolvent in the first instance. It has a lot of other wide ranging powers from paying redundancy to insolvent company employees to investigating live companies that warrant their attention. You can learn more about the Insolvency Service here http://www.bis.gov.uk/insolvency.

Failing to file annual returns

Directors should be aware that failing to file accounts with Companies House is a criminal offence so can leave a naïve director with a criminal record and there is no point in blaming the accountant even if it is their fault. Whilst there is no law stating Directors must have qualification as a director you have the responsibility for filing the accounts and you will be expected to demonstrate ‘sufficient levels of skill and knowledge’ to manage the company affairs.

Directors have a legal obligation under the Companies Act 2006 to file annual returns and failure to do so on time will result in escalating fines, dependent on the delays and end in possible personal prosecution of the director and directors' disqualification. It is also worth noting that as a director you also responsible for acting responsibly and complying with other laws too such as

• Employment Law
• Health & safety Law
• Insurance law
• Tax law
• Insolvency law

Failure to comply with these laws can have severe implications for directors and this can range from disqualification from acting as a director to going to jail so if you are in any doubt you should seek relevant professional advice.

Abandoning the company

Simply resigning as a director will not negate any liabilities or responsibilities you may have incurred whilst acting as a director. In any event leaving a company without a director is also a breach of the Companies Act and may lead to the directors being disqualified and investigated as if they had been “liquidated”. The investigation can be instigated by the director of corporate enforcement so abandoning your company should not be considered an option. By abandoning the company you are openly demonstrating disregard or ignorance of the law and either one will not be received well by the Insolvency Service.

Wrongful trading   

The directors have continued to trade and subsequently increased the debts to the company and therefore are likely to be charged with wrongful trading. Wrongful trading is better thought of as irresponsible trading and this would be accurate on the face of it in these circumstances. If proven, wrongful trading can mean the directors being made personally liable for the debts accrued in the time period when the directors knew, or should reasonably have known, the company would end in an insolvent liquidation.

There is also the point of the deposits themselves and clearly they should have been kept separate from the company funds so that customers wanting a refund could have been made easy. By ring-fencing the deposits they also protect customers money from being absorbed into the company account for paying bills and being misused. For example if the customers were told that they can have their money refunded if they were not satisfied then the ‘not isolating’ the potential customer refunds only adds more evidence of misuse of customer deposits. This situation can be made worse if those monies were then used for the director’s personal use. So the simple answer is keep personal and business funds separate, but also keep deposits separate too, possibly in a customer trust account or something similar – ask your bank for more information.

Offering services you do not provide

There may be charges against the directors from Islington Trading Standards for not providing services as advertised.

Generally a company; when advertising goods must:

• Match the description
• Be of satisfactory quality
• Be fit for purpose   

Clearly in this case none of the above applied, so there may be a prosecution to follow on this matter, also.

To find out more information about a specific insolvency solution; get business debt advice, or to simply learn a little more about insolvency, in general, please visit our website by clicking here.

Banks; Friend, or Foe to SME's?

Having read over the weekend of yet another breaking banking scandal is it not about time these disgraceful fat-cats were seriously taken to task? As a company turnaround consultant I come into contact with the shameful banking practices on a frequent basis. This latest ‘revelation’ headlining the newspapers is not news to those of us in the insolvency business as there have been suspicions for years around the insolvency practices and banks. A lot has to do with the banking culture itself which has become more and more arrogant and remote from its original purpose – to lend and provide services to its customers.

Successive governments have had far too close a relationship with the banking heads. The most notoriously bad banking and political relationship was of course between Fred Goodwin, ex RBS boss and Gordon Brown, who has arguably been deemed "the worst chancellor ever".

Gordon Brown appointed Goodwin of all people to advise on the regulatory aspects of banking and sale practices and duly gave good old Fred a knighthood in gratitude. The appointment of Goodwin advising Gordon on banking regulation was not so much the blind leading the blind, as the equivalent of King Herod being asked to advise Mothercare on the latest range of comforters. It should not, therefore, come as any surprise that on top of the rate swap mis-selling debacle we now have this latest, equally shameful list of accusations against RBS of stealing property at an undervalue.

We come into contact with situations like this through our line of work and one example could be a recent case where a director was sold ‘insurance’ to cover his company against rising interest rates until, you guessed it, the interest rates fell and his cash-flow was destroyed. This was an interest rate swap product and even though he complained, he got nowhere with the bank and eventually the company went into default with his mortgage payments – the actual mortgage he had ‘insured’ and trying to protect.

The director had secured a RICS valuation for over £2m and yet, just one year later when the company, now starved of cash due to the horrendous interest rate payments he was paying to the bank, was forced into company liquidation. The bank appointed liquidators then sold the property off at a value of £800,000 knowing that my client had personal guarantees in place further protecting the bank. He not only lost his business but also his wife, having long suffered the pressures of supporting a stressed husband, she had finally had enough. He also lost his children and immediate access to those that made his life worthwhile. All this because greedy individuals looked after their own interests first and believed they had the right to do what they could with no thought that they may be doing wrong. But these ‘scams’ do not only involve bankers, they drag in the associated large insolvency practitioners who sit on the banking ‘panels’ as they may have too cosy a relationship with the banks. This may be another area for investigation by Vince Cable who appears to me to be one of the few politicians with any sense of integrity. 

Of course the newspapers rightly focus on the lost businesses and the hardship that this causes, but what it also does is knock our confidence in the established banks and the establishment itself to an extent. It is hardly surprising why banks are so despised; try getting a commercial loan, or worse a mortgage and the banks get tighten-up. Any mortgage applicant is treated like a criminal as they have the audacity to dare borrow money to improve their lot. 

Of course this would be funny if there wasn’t a more serious side to it and the serious side is the human fall-out of the pressure that these scandalous banking practices bring about. The fact that the Co Op Bank, set up to serve its members has been brought to its knees with £1.5billion gap means pensions will be underfunded and genuine investors will lose money. 

The banks have a lot to answer for and there does not seem to be any end to these banking scandals that have hit every man woman and child in this country and arguably the western world. The bigger question is what do we do to put this right? 

Written by: Mike Smith

Where to Turn for Business Advice?

Most people in business will have suffered a sleepless night or two when cash-flow problems loom, but where do business people turn to when they need someone to help? Loved ones are usually out of the question as they will inevitably have been contaminated by the emotion of the situation anyway. The old days are gone when you could sit down and talk to your local branch manager who knew you well and had the authority to make the decision for you. Nowadays, you are more likely to be sold something completely worthless by a ‘relationship’ manager who is probably too young to even have had one – a relationship that is. The Citizens Advice Bureau are not in a position to advise if you mention the word business and debts in the same sentence and besides, they are becoming few and far between as government cuts dig deeper.

A religious belief of some kind can provide someone who simply listens, but you are unlikely to see a burning bush, or have a revelation that indicates a way forward.

It seems that the internet has been the saviour of some who are able enough to switch on the laptop and search for help. Certainly we get our share of truly dreadful and often heart breaking accounts of how someone has found themselves in difficulty.

Despite what most believe, business people in trouble are not all directors shirking their responsibilities, though it is easy to see why it may appear so when you are a creditor and a company that owes you money enters company liquidation. From experience usually around 20% are forced to close through an outside unforeseeable incident such as stroke, heart attack, sudden death, or the impact of a family death, or long term illness. A further 30% are often guilty of no more than putting too much faith in a particular project, or company, and OK it may be mismanagement, or simple inexperience, but we all have to learn.  Making mistakes whilst learning can be a very expensive way to learn, so this should be avoided at all costs – consult a professional.

For most small businesses they may turn to their accountant, but this is hardly fair on them as in most cases they will see a client once or twice a year if they are lucky. The medium sized companies may have an in-house bookkeeper/accountant, but they will be too close to the problem and unfortunately in my experience usually, unfairly, carry some or all of the blame for the company predicament. If you are a sole trader or a partner in business it is likely that the first person you speak to is either your life partner, and or business partner. Either is a mistake and often leads to the ‘blame game’ which in turn applies negative pressure on the relationship. It is a sad fact of life that around 60% of those contacting us will be separated, divorced or splitting up. We sometimes forget the impact on families business stress can have.  

If the business is not viable and you are a sole trader then there is no difference between personal and business debts. It is not better, as was suggested by a recent client that; ‘if you are a partnership then your debts are halved aren’t they?’ The answer is it is not as simple as that and it can be worse in some cases where, as is usual, one partner has no assets and the other has lots. Unless you have a limited liability partnership and or a legally binding partnership agreement then the debts will be joint and several. So if your partner is about to sign a contract for a new BMW on the partnership business account you may want to hold back the signature as you could end up paying for it if things go badly.

You would think directors would do better when the company has limited liability? Not so, as banks and suppliers obtain more personal guarantees and security for provision of supplies or lending. Unfortunately if the company does end up in liquidation the insolvency practitioner is not allowed to help the director by regulation. If you think about it this makes sense as the insolvency practitioner acts in the best interests of the creditors not directors. Whilst an insolvency practitioner must have due care for a director with a personal guarantee they cannot give direct advice on the personal guarantee when acting for the bank as this is a clear conflict of interests. Of course the biggest taboo subject for an insolvency practitioner and guaranteed to make him/her to go pale prior to being engaged is the subject of an overdrawn directors' loan account. In liquidation, this can have very serious personal implications for any director and the insolvency practitioner will be duty bound to pursue these on behalf of the creditors, even to the point of bankruptcy. Remember who the ‘practitioner’ is acting for? This situation should be discussed in detail if an insolvent liquidation is being considered as a potential solution. There are unscrupulous ‘practitioners’ who are well known in the business who will actively seek out naïve directors seeking a ‘liquidation bargain’ and thinking that they are being adept by obtaining the cheapest liquidation on the internet, the truth is this could not be further from the truth. If a liquidation fee seems too good to be true then it probably is and there will only be one loser.

If a liquidation is being recommended to you as a solution ask direct questions and get straight answers and if need be get confirmation in writing as to what the process will be, before, during and after liquidation. If in doubt, ask to speak to past clients and check for testimonials on the ‘practitioners’ website. If a director entering into liquidation does not perform these very simple checks then they do so at their peril.  Just as the internet can be a saviour it can also be a dangerous place too.

Your accountant may know someone who will not simply and automatically think of liquidation as the first port of call and if you have seen previous blogs you will know this is unlikely to be a modern insolvency practitioner. You knew I was going to say "seek out a business turnaround consultant", but I genuinely think this is the best option in today's business climate. They are used to working in high pressure and insolvent environments and if they are any good they will provide initial free advice and even solutions for you.

Whether you are a director, sole trader, or a partner, if you are having severe cash-flow problems and you are worried about your personal situation you should be speaking to someone who looks after your interests whilst having due care for the creditors? Someone who is well used to negotiating with creditors and someone who has earned their stripes through having managed many businesses, gaining hard business experience. Doesn’t that make more sense? Do yourself a favour and seek out a business turnaround consultant, you can learn more here at the Turnaround Management Association http://www.tma-uk.org/.

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.

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.

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.

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.

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.

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.

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.

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?

1^st 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. 

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.  

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.

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.

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.

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.

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.

Insolvency Practitioners Panel:

Jameson Smith & Co have a great panel of Insolvency Practitioners to choose from. We like to provide our clients with the very highest standard of insolvency solutions at a fee that suits. While an Insolvency Practitioner is not always required and would not usually be the first port of call for a Director we have the very best of the bunch working with us! 

Reliability is never an issue with our Insolvency Practitioners and if a Director needs to put a company into liquidation or is considering a Company Voluntary Arrangement to help a company trade they can be sure that we will conduct the entire process sensitively and effectively, using some of the very best Insolvency Practitioners in the UK!

For more information about insolvency solutions call us today.