Bojangles (Upland Road) to be kicked out of premises in two weeks time!

[Vickster]

Unless there is any way it could be argued that the deposits were ringfenced or held on trust by the company, those who have paid deposits will be unsecured creditors in the liquidation of the company.

The liquidator should write to all known creditors of the company, asking them to submit claims in the liquidation. You can contact the liquidator, which according to Companies House is Mr Hasan Mirza, Alexander Green, Curzon House, 64 Clifton Street, London EC2A 4HB Tel: 0207 183 9500, and ask for the relevant forms. The liquidator uses these forms to establish who should be paid what out of the assets of the insolvent company. What you will receive will depend upon what money the liquidator realises, and how many other creditors there are and whether any of these other creditors have secured or preferential claims, as these rank ahead of the unsecured creditors.

[Mellors]

If its true that they owed money to HMRC (the taxman) and maybe owed any pay to staff (wages/holidays) then that will get paid first. I'd be suprised if there is anything left over after that?

[Vickster]

HMRC and the majority of employee claims (other than (1) salary claims - up to ?800 per employee (2) employee holiday claims, and (3)certain unpaid pension contributions) are not preferential, so would get put in the unsecured pot with everyone else, but it is true that these claims would water down what is available for unsecured creditors.

[dps]

So where does that leave us? Is there any chance of seeing our deposits...ever? What are the options? And what's the best option?

[Peckhamgatecrasher]

If Forest Hill set up is part of the same organisation, can't you send in bailiffs to sieze goods to the value of your cheque, via the small claims court?

[Smiler]

Sorry that people are having problems.

Peckhamgatecrasher - Forest Hill is run by a separate company. They liquidated what was Bojangles (with no declared assets) and set up two new companies, one for Dulwich and one for Forest Hill. Details earlier in this thread. Presume that the Dulwich one may have now folded.

Parents were told that deposit money had been "ring fenced", but if this was done it wasn't declared in the liquidation.

Might it be worth seeing if Ms Adams / Mrs Narramore(as directors of Bojangles and, in Ms Adams' case, what was the new company for Dulwich) will personally honour the deposits (as many have been paid and gone through)? Addresses are given in the establishment papers for the new company (somewhere in the Companies House links above).

[sleepy bunny]

Hi all,

I contacted the administrator and he will be sending some forms to add me to the list of creditors.

During the conversation he said that there is in excess of ?200,000!! in creditors and this is rising. He also confirmed that the deposits were not held in a separate bank account and the account that does exist is overdrawn.

He suggested that any legal action against the director (Sonia Adams) would be a waste of money as the company is liable. He will decide if there has been any impropriety of the former directors in running the company and make recommendations to the DTI regarding possible prosecution (or something like that - was fuming at the time!).

It seems the only way we may see money back is if Sonia Adams pays this personally. As she is no longer returning calls this is becoming less likely. I was going to write to Sonia and ask her to honour this debt, I hope she is receptive. The only address I have was obtained for her is via Companies House for the new company set up (see earlier posts for details).

[DaveR]

For information

"What is Wrongful Trading?

When sometime prior to winding a Director or Shadow Directors knew or ought to have known there was no reasonable prospect of avoiding Insolvent Liquidation.

What are the signs?

When the Director or Shadow Directors acted unreasonably or negligently by entering in to contracts with knowledge of the companies affairs and avoiding the facts.

How can it be proved?

When the Director or Shadow Directors act outside the expected reasonable standards of skill, knowledge and experience - This is known as the objective test.

If the Director or Shadow Directors in question possess professional qualifications they must meet expected standards - This is called the subjective test.

What is a Director or Shadow Directors defence?

That the person took every step to minimise potential loss.

What is the penalty?

The Director or Shadow Directors have to make a contribution, without limit from personal funds, as the court sees fit. This is to enable compensation, not to punish those concerned.

There is also the likelihood of a directors disqualification for up to 15 years."

Where to make a complaint:

CIB

[StevePC]

We paid a deposit to FH Bojangles in July but cancelled our place in Mid August, we a re still waiting for them to return our calls, we are awaiting the paper work from companies house.

Reading the post above I have noticed that they went in to liquidation in June 2009, but we did not pay our deposit until July 2009, also none of the paper work that has been supplied say Bojangles Nursery Ltd (the Ltd is distinctly missing) The Bank account details we were given are for Barclays in Catford.

Does any one know if this was were the main company account was?

Thanks

[Smiler]

StevePC, before June 2009 the bank account to which fees were paid was HSBC, Thornton Heath. From June it was Barclays, Catford (and in the name of the new "Little Fingerprints" company).

[StevePC]

Thanks Smiler,

Have be in contact with Alexander Green yesterday. I looked at our invoice closely and although it has Bojangles across the header it has Little Fingerprints name and co number in very small writing at the bottom. Alexander Green have asked for a copy on the invoice and said that they are not allowed to trade using the name Bojangles. Our cheque was also made payable to Bojangles Nursery. Will be issuing a small claims court summons to Little Fingerprints Ltd on Monday morning, hopefully we should be able to get our money back.

[dps]

Hi StevePC,

I am also owed the deposit for our child who was due to start at the nursery in may 2010. We paid our deposit using our debit card. Is it possible to take Little Fingerprints to small claims court as a group? or does have to be done individually?

[wonderwoman]

Dps, if you paid by visa debit card you may be able to get money back under s.75 rule, where your bank approaches their bank directly to get money. I used my visa debit card earlier in the year to order a tv online, the company went into liquidation and I waited a few months but Barclays was able to get my money back. However it's better to use credit card these days than debit card especially when paying large amounts. At the time I was told by the adminstrators and trading standards that I stood no chance of getting anything back but luckily Barclays proved them wrong. Its not worth going to court individually I think, when I checked it out at the time it was costly and no guarantee that the other party would turn up. However you might be able to gain some headway by taking legal action as a group. It is a sad situation to be in at the moment I can sympathise with all of the parents involved.

[Citrovie]

I'll participate if we want to go to the small claims court as a group. Have no knowledge of legal matters but am happy to add to the weight of the group...

[180176]

yup, us too xx

[samstopit]

count us in, we got a rubber cheque too.

[dps]

we are in too.

[sleepy bunny]

Dear all,

Just to let you know we have received our money back! - paid into my account on the 1st Oct.

So it seems Sonia is trying to honour these debts.

I know this is no consolation to those still waiting, but at least you know there are funds out there.

Hope you all have a good result soon.