As you will know, I am keeping track of all Companies that have been wound up in the High Court by several different BBL Lenders by way of Winding Up Petitions, the Lenders can take the High Court route when they suspect the Director of a Limited Company has blagged one or more Bounce Back Loans from them, or for that matter any other type of Government Backed Loan from them.
Once the Judge grants such an order, an Insolvency Practitioner (Liquidator) is then instructed to start winding those Companies up, and the Directors of those Companies, who lose control of those businesses instantly, could face being personally chased for the money they blagged, if wrongdoing is uncovered.
Here are the ones I am tracking and the current status:
Barclays
Starling
NatWest
The Entire Winding Up > Punishment Process
Be aware it does take some considerable time after the Judge granting a Winding Up Order for any and all possible wrongdoing to be fully uncovered and for any action against a Director to be complete, hence the outcomes I reported on for Barclays have been completed, as they all initially went before a Judge some time back in late 2022.
Starling, NatWest and Lloyds (Including Bank of Scotland) have only very recently started to take the Winding Up route and as such those cases will take some time to be fully completed, unlike the Barclays ones which are done and dusted.
Lloyds Bank
However, Lloyds Bank did put a slew of Winding Up Petitions into the High Court recently,
But they seem to have been taking an absolute age to be processed, so when I spotted they were going before a Judge again, I asked for permission to sit and watch along with reporting on the proceedings, which I am happy to announce the Judge permitted me to do so.
That I did on the 31st of October 2024, and it soon became apparent what the delay was, and that is the Winding Up Petitions needed amending and serving again!
The Court Cases
Below is the transcript of the hearing I sat watching, which some of you may find of interest:
For reference Mr O’Neill was the legal representative for Lloyds and Bank of Scotland, (as there were a couple of cases for the latter named bank in with the Lloyds ones, but they are essentially the same bank).
Judge:
I’m going to call on every case which is before me, and then we’re going to deal with them separately. When it comes to the particular orders.
But Mr O’Neill, who acts on behalf of the petition creditors probably has submissions to make in respect of all of them, and if they’re not in respect of all of them, Mr O’Neill, I’m sure that you’ll let me know.
Let me just call on all the cases which are before me. Mr O’Neill, if I missed one, would you please let me know when I finished reading?
This is the hearing of the following petitions:
CR-2024-002983 Blackstone Business Group Limited
CR-2024-003102 Asiper Limited
CR-2024-003101 H&M Rentals Ltd
CR-2024-003164 Universalgadgets Limited
CR-2024-003276 Mobile Homes Installation Specialist Ltd
CR-2024-003278 Simple Solutions Investments Limited
CR-2024-003501 Al-Muqit Ltd T/A Basilico
CR-2024-003465 Crowntime Ltd
CR-2024-003449 Portofine Management Ltd
CR-2024-003464 Prime Brands Limited T/A Groceries & Soft Drinks
CR-2024-003649 Fairy Cleanings Limited T/A Fairy Cleaning
CR-2024-003651 Hydrosys Ltd
CR-2024-003669 Osom Accounting Services Ltd
CR-2024-003688 Osom Painting Services Limited
CR-2024-003668 S.A.H. Property Developments Ltd
CR-2024-003713 Valley News (Gateshead) Ltd T/A Valley News
CR-2024-003648 Youngs Schnauzers Limited
CR-2024-003959 Advanced Insured Resources Ltd
CR-2024-004088 Teksolutions-Inc. Ltd
Mr O’Neill have I missed one?
Mr O’Neill:
You have not.
Judge:
Thank you now. There’s two of these. You’ve got applications to amend the petitions, but I think there’s two of these which you are not seeking to amend. Is that correct?
Mr O’Neill:
That’s correct.
Judge:
Right which those two who just want listed in the general list for dismissal. Which of those two please?
Mr O’Neill:
Sorry, Judge, I don’t have those. We need to go through them, if that’s OK.
Judge:
All right. Yes, carry on then.
Mr O’Neill:
So have you had a chance to read my skeleton argument in advance?
Judge:
Yes, I have and I have gone through as much as I can with the bundles which I didn’t find in a very helpful order. But never mind. Let’s see where we get to.
Mr O’Neill:
I understand, well, I saw your e-mail of this morning flagging as to where the amended petitions where for reference, they’re between pages 118 and one hundred and…
Judge:
Yes, I saw that, but they should be attached to the draught orders, and this morning I indicated that whilst this has been listed altogether, pretty much for the convenience of YOUR clients, Mr O’Neill, they have to be treated as each one is a separate petition.
There is no reason for them to be treated differently and when we deal with each one separately, we may very well be representations that want to be made in respect of your applications.
So perhaps if you’ve got some general submissions you want to make before we deal with each one separately because that’s the way we have to deal with it.
Mr O’Neill:
I, I understand judge erm, the general submissions can be made very shortly and, and simply which is that as you will have seen from the skeleton, there was an issue relating to the government guarantee which the two petitioners had the benefits of in relation to the bounce back loans and there was a question as to standing.
The resolution that was reached by the relevant Government Department and the two petitioners was to enter into an assignment which was executed on the 23rd of September of this year, that, that assignment, giving the petitioners the standing to pursue the petitions, and it’s on that footing that the amendments are sought.
Note from me: (The assignment usually occurs when a Bounce Back Loan Lender has had their Government Guarantee yanked or they surrender it, due to them not following the BBL rules for example, and in layman’s terms it means they no longer have the Government Guarantee attached and the Government assigns the Loan from the Government back to the Lender, and it is now their problem.
You will find more on that > Take a Look at the Letter You Get If Your Bounce Back Loan Debt Has Been Assigned From the Government Back to a Lender Due to the Lender Having Either Asked for the Guarantee to be Removed or the Government Yanks It From the Lender for Dodgy Goings-On
End of note
Judge:
And in respect of these amendments, the proposed amended petition wasn’t served with the notice of application on each of the respondent companies. It was served as attached to the notice of assignment. Is that right?
Mr O’Neill:
Yes, that’s my understanding.
Judge:
Now, are you aware of who is present today in respect of which company or do you not know that.
Mr O’Neill:
In. In respect for the responding companies.
Judge:
Yes.
Mr O’Neill:
Yes. So I’m instructed, that Mr Ahmed appears as a director for Fairy Cleanings Limited.
Judge:
Yeah.
Mr O’Neill:
That Mr Karim appears as a director for Simple Solutions Investments Limited.
Judge:
You sent an. E-mail this morning Mr Karim, didn’t you? Have just seen it.
Mr Karim:
Yes
Judge
I’m just making sure I haven’t missed that. Yes, carry on Mr O’Neill.
Mr O’Neill:
And lastly, the Mr. Al Falar appears the director for Advanced Insured Resources Limited.
Judge:
Right, let’s deal with those three first because they have representation in respect of each one and then I’ll hear from each particular respondent or their representative before we go through those where there’s been no representation. And I assume. No response to your applications from the others.
Mr O’Neill:
That’s right. That we’ve not had any contact from the other 16 companies. I apologise, Judge. I’ve just received. I’ve just received instructions from those instructing me. The amendment is sought in all cases, but the two cases where dismissal is sought and not before the court today. They’ve been dealt with separately. So just to close that.
Judge:
No, that’s fine.
It wasn’t entirely clear they were mentioned about two of them, and I wasn’t entirely clear whether they were before me or not. Right. Let’s start with the ones which have representation Fairy Cleanings Limited. It’s Mr Ahmed. Are you there, Mr Ahmed?
Mr Ahmed:
Yeah, I’m Here.
Judge:
Hello. Yes, you’ve heard what Mr O’Neill says. This is an application by the petitioning creditor to amend the petition. This is not the actual hearing of the petition. If I would in those terms. If I grant the amendment of the petition, then the petition gets adjourned to be heard on another day in the normal companies list do you understand?
Mr Ahmed:
Yeah, I’m understand. There’s only. I just heard this morning e-mail when I see in the draught today in the e-mail they are using the previous address which is not company address anymore. So it’s still existing on their draught. So would you like to change the petition? Uh under my company addresses, which is currently different.
Judge:
Yeah. Sorry. Are you saying the registered office has changed?
Mr Ahmed:
Yeah, of course. Because it’s just your office is 20 Woodland Av, Slough, but they use previous one that’s not exist anymore.
Judge:
Right. Let me just. Is there anything else you want to address me on?
Mr Ahmed:
That’s the only thing I’m required at the moment so carry on what you’re doing, yeah.
Judge:
All right, this is number 3649. Let me just get that one the. Just looking for the, Mr. O’Neill. Are you, are you able to check whether the registered office has changed? If it if it has, you may actually want permission to amend to deal with that as well.
Mr Ahmed:
Yes, I can. I can. I can look on Companies House now.
Judge:
It just seems sensible if Mr Ahmed, if the registered offices changed, I mean, these were presented back on the 26th of June and of course, you’re not always checking the Registered Office are you?
Mr O’Neill
No, quite Judge. Yes, it does appear at the registered office has changed.
Judge:
Right. OK. What I think we’ll do is I’m prepared. Anything else you want to say to me? If not, I’m prepared to grant you the amendment order that you seek and I will also grant you permission to amend so that D of your petition. Yes. Will read the. Registered Office of the company is at and As for whatever date it is, insert the new registered office, yes.
Mr O’Neill
Yes, thank you, judge.
Judge:
And then that way. Which you are required to do in the terms of the order. Let’s just have a look at the order for Fairy Cleanings Limited. I’ll give you permission to run the petition can you tweak the order so that you can add that I’ve also given you permission to amend to set out the new registered office.
Mr O’Neill
Yes Judge.
Judge:
And then you file reverify and serve it by 4:00 PM on the 7th of November for the first available date after the 18th of November 2024 and you serve the other respondent and costs in the petition. Mr Ahmed, is anything else you want to say to me?
Mr Ahmed:
At the moment nothing.
Judge:
Thank you very much. I’ll make the order in the terms as I have slightly modified. Of the draught order. Yes, Mr O’Neill. The next case we’ll look at is Simple Solutions (Simple Solutions Investments Limited), please. That’s Mr Karim.
Yes.
Mr Karim:
Yes. Yes, judge.
Judge:
Yes, Mr Karim, as I’ve said to Mr Ahmed, which you probably heard, this is the hearing of applications to amend, it’s not the actual hearing of the petition and I can see the e-mail that you sent to the court, that there are matters that you want to say at the actual hearing of the petition today for me.
Mr Karim:
Yeah.
Judge:
I’m not winding up or doing anything. I’m dealing with an application to amend which was made yes.
Mr Karim:
OK.
Judge:
All right. Is there anything to say to me on the application to amend?
Mr Karim:
Erm, no.
Judge:
All right. Thank you, Mr O’Neill. Anything else you want to say in respect of this? One, let me. Just get the order is in the same terms as the other one, and there’s no need to change anything. On the registered office, is that correct?
Mr O’Neill
That’s correct, yes Judge.
Mr Karim:
Sorry, sorry, judge. The incorporation date is wrong. That’s, that’s all.
Judge:
Yes, you did say that in your in your e-mail Mr O’Neill. Do you want to get permission to amend insofar as that dates wrong as well?
Mr O’Neill
I’ve not seen that e-mail, but if the date is wrong then yes please.
Judge:
Yes, thank you, Mr Karim, for that, in which case can you slightly if you need to amend the incorporation date, then I’ll give you permission. To amend the petition for that as well, if you don’t need it because I’m not for a moment saying that Mister Karim isn’t correct, but these things sometimes one has one date in mind and company’s house has another one, so insofar as that I grant you leave for that?
So if you could modify that order, otherwise the order I will grant you permission to amend in the form set out with the slight modification. If you need it, and again you are to file reverify and serve the petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will listed the first available date after the 18th of November 2024. Will serve the order and cost in the petition.
Mr O’Neil:
Thank you, Judge.
Judge:
Thank you, Mr Karim, for that third person is. This is for Advanced Insurance Resources. Mr Alford, is that right, Mr Ulfah? Yes.
Mr Al-Falah:
Yeah, Al-Falah. Thank you, judge.
Judge:
Yes. So I couldn’t read my own writing, Mr Al-Falah, I can see your name on the screen, but my handwriting is not as good as it should be for when I want to reread it. Yes, Mr Al-Falah, this is, as I’ve said to the others, the application to amend.
So it’s not the hearing of the petition. If you want to defend it, if you. If you have things you want to say to the court, I’m just dealing with the application to amend. Is there something you want to say about that in respect of? Your company or the company?
Mr Al-Falah:
Yeah.
Thank you, judge. I’ve read the skeleton and no objections at this stage.
Judge:
Thank you very much. If we look at the terms of this order, is there anything else you need to bring to my attention, Mr O’Neill?
Mr O’Neill:
No judge.
Judge:
Right. We just get. Remind me of the order the number of this one.
Mr O’Neill:
It is. CR2024003959.
Judge:
Got it. Yes. So the order in respect of Advanced Insured Resources limited will be that you have permission to amend the petition, the form set out in Annex A. Which will be. Attached to the order, Mr O’Neill, if I. Make that very clear.
Mr O’Neill:
Yes Judge
Judge:
Yes. You will file Reverify serve the amended petition on responded by 4:00 PM on the 7th of November 2024 and the petition will be listed for the first available date after the 18th of November 2024.
The petition will be served on this order on the respondent and costs of the petition. Thank you very much. Thank you, Mr Al-Falah. Any other representations in respect? Of these petitions before me today.
Mr O’Neill:
No judge and my understanding is that those are the only respondents. If you plan.
Judge:
Checking the answers called it right, let’s go through the others then please. I don’t know if there’s an order you want to take them in or whether just deal with them in the order that I have erm we then have. Let me just deal with them each then then we have. I’ll deal with them simply in the order that they come.
I’ve got Al-Muqit Ltd T/A Basilico. This is case number CR-2024-003501, I’ve read your skeleton, Mr Neil, and on the basis of the observed rate of the others, I will grant permission to amend the petition. You are to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and you will serve this order on the respondent and costs in the petition.
Mr O’Neill:
Thank you, Judge. I will mark these off as we go on my just to make sure we cover them all.
Judge:
Thank you. Thank you the next. One, I’m going to deal with is Asiper Limited. This is number 2024003102 in respect of this one I. For the reasons. I’ve already. Indicated in this hearing, I will grant permission to amend the petition, which is in the form set out in Annex A, which is attached. I’ve got the draught order. In front of me. The petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and you will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
The next one is Blackstone Business Group Limited and this is case number CR 2024002983 and the order I will grant the permission to amend the petition and the form set out in Annex A which will be attached to the order the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And then Crown Time Limited case number CR 2024003465 for the reasons I’ve already given. I will grant permission to amend the petition and the form which will be set out in Annex A of this. Order the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
Right. Sorry, that one’s dealt with. The next one, H&M Rentals Limited case number CR 2024003101 for the reasons really given. I will grant permission when the petition the form set out and the attached annex say to the order the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
The next one is Hydrosys Limited case number CR 2024003651. In respect of this one, for the reasons already given, I will grant permission to remember petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
Mobile Home Installation Specialist Limited the case number CR 2024003276. In respect for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
Then, Osom Accounting Services Ltd, previously known as, Osom Accounting Ltd. This is case number CR20204003669 in respect for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And then in the matter of Osom Painting Services Limited case number CR 2024003688 for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And Portofine Management Ltd case number CR 2024003449 for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
We will have Prime Brands limited trading as groceries and soft drinks case number. CR2020. 400-3464 for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And SAH Property Developments Limited case number CR 2020 400-3668 for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
Then, in a matter of Teksolutions Inc Limited case number CR 2024004088, for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
The Universal Gadgets Limited case number CR 2024003164. for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And then the Valley News, Gateshead limited trading as Valley News. This is case number CR 2024003713 in this matter for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
And then. Youngs Schnauzers Limited. This is case number CR 2024003648. for the reasons already given I will grant permission to amend the petition in the form set out in Annex A, the petitioner is to file reverify and serve the amended petition on the respondent by 4:00 PM on the 7th of November 2024 and the petition will be listed on the first available date after the 18th of November 2024 and the petitioner will serve this order on the respondent and costs in the petition
Mr O’Neill:
Thank you, Judge.
Judge:
Mr O’Neill, have I miss any?
Mr O’Neill:
You have not, that’s all 19.
Judge:
That’s all 19. And with other ones we’ve already dealt with, now, just so that you know you need to upload onto C E-file the draught amended petitions. Yeah, and when you have done that in order to facilitate the C File. You want to send you to upload on C file and then let me just get Miss Begum’s. Yes, when you’re lodging the orders, e-mail them to (email address edited out) and so that they can then be emailed to me and that you also C E-file each other on each case. So that that should facilitate those who have to see each of these orders.
Mr O’Neill:
Thank you. That that is noted.
Judge:
If you do that and you have to also upload the draught amended petition, there should be an XA to each one of these orders should be the draught amended petition or the changes that we’ve discussed. Is there anything else you need to bring to my attention?
Mr O’Neill:
That’s understood. That’s understood. No, nothing. Is it just the erm the orders that are going to be modified following the hearing with respect to the registered address and the date of incorporation that need to be sent to the Rolls e-mail address.
Judge:
All of them. All of them. All of them, whilst this has been listed as one directions hearing, it’s as if I’ve just dealt with 19 odd petitions. Yes, each one has a separate order and when you ask for when this is going to be listed, you may find that they will not all be listed on the same date.
Mr O’Neill:
That’s understood
Judge:
You’ve not made any application. I can’t see any justification to have them all heard on the same date. So if the particular winding up list general winding up list that you want is. Yes, they go. Into the general winding up list. When you notify the court, make sure they realise it’s going to go to the general winding up list.
Mr O’Neill:
Yes
Judge:
So. We’ll go in whichever list has got availability for you. If it’s not on the same day, it’s not on the same date. Thank you. Anything else you need to bring to my attention?
Mr O’Neill:
No. Nothing further.
Judge:
Thank you very much for your helpful skeleton and for those who have attended this hearing. These petitions will be listed when the court has availability to its diary in the general winding up list. Thank you very much.
Mr O’Neill:
Thank you very much, Judge.
Judge:
Good morning.
Court Session Ended
I will of course keep you updated on the next stage of each case and let you know whether the Judge does wind them up, the reasons and over time I will let you know what happens to the Directors of all wound up firms, much like I have done with the Barclays cases:
