Insolvency Notices


Notice Type
Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
Publication date
12/06/2017
Edition
The London Gazette
Notice ID
2801604
Notice Code
2403

RULE 22.4 OF THE INSOLVENCY RULES 2016

NOTICE TO THE CREDITORS OF THE RE-USE OF A PROHIBITED NAME

CARRIER DIRECT LIMITED

02856522

Registered office: 2 Barnfield Crescent, Exeter, Devon, EX1 1QT

Principal trading address: Westacott Road, Barnstaple, EX32 8AW

On 16 May 2017, the above-named company entered administration.

I, ROBERT JOHN CARTER of Heaton Farm, Bishops Tawton, Barnstaple, EX32 0EB, was a director of the above-named company, trading as Carrier Direct Marketing, The Carrier Group, Brochurelink, We Take Your Calls and Westacott Mailing, on the day it entered administration.

Accordingly I give notice that I am acting and intend to continue to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply if the above-named company were to go into insolvent liquidation in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the above-named company under the following name: CARRIER3PL LIMITED (company number 10736373) trading as Carrier Direct Marketing, The Carrier Group, Brochurelink, We Take Your Calls and Westacott Mailing.

Registered Office: 2 Barnfield Crescent, Exeter, Devon, EX1 1QT

Trading Address: Westacott Road, Barnstaple, EX32 8AW

A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.

Section 216(3) of the Insolvency Act 1986 lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules made under the Insolvency Act 1986. (This includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 2016.) These activities are—

(a) acting as a director of another company that is known by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company;

(b) directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or

(c) directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a name of the kind mentioned in (a) above.

This notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where the business of a company which is in, or may go into, insolvent liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or a similar name to that of that company.

The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in the case of the carrying on of the business through another company, being personally liable for that company’s debts.

Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.