Insolvency Notices


Notice Type
Deemed Consent
Publication date
21/07/2017
Edition
The London Gazette
Notice ID
2828413
Notice Code
2447

NOTICE OF A DECISION BEING SOUGHT TO BE MADE BY THE DEEMED CONSENT PROCEDURE

EAGLE BUILDING SERVICES LIMITED

Company Number: (06599071)

("the Company")

This notice is given pursuant to Parts 6 and 15 of the Insolvency (England and Wales) Rules 2016

THE PROPOSED DECISION

The following decision is proposed by David Clifford, the director of the Company ("the Convener") to be made by the deemed consent procedure:

That creditors of the Company nominate Neil Frank Vinnicombe and Paul Wood, both of Begbies Traynor (Central) LLP, to act as Joint Liquidators of the Company and that any act required or authorised under any enactment to be done by the Joint Liquidators, may be done by all or any one or more of the persons holding the office of liquidator from time to time.

In the absence of 10% in value of the Company's creditors1 ("the Threshold") objecting to the Proposed Decision by no later than 26 July 2017 ("Decision Date"), creditors will be treated as having made the Proposed Decision.

1who would be entitled to vote if the decision were made by a qualifying procedure

PROCEDURE FOR OBJECTING

In order to object to the Proposed Decision, a creditor must have delivered a notice in writing of their objection, together with a proof in respect of their claim to the Convener, who can be contacted via the contact details at the end of this notice, by no later than the Decision Date, failing which their objection will be disregarded.

Please note that should you object to the Proposed Decision, you will be objecting to the appointment of the proposed insolvency practitioners as liquidators, rather than making an objection to the liquidation of the Company itself.

It is the Convener's responsibility to aggregate any objections to determine if the Threshold is met for the Proposed Decision to be taken as not having been made. A creditor may appeal the decision of the Convener on the aggregation of objections, however such an appeal may not be made later than 21 days after the Decision Date.

If the Threshold is met, the deemed consent procedure will terminate without a decision being made. In such circumstances, it is a requirement of the Insolvency legislation for a physical meeting of creditors to be convened for the purpose of seeking a decision of creditors on the nomination of a person to act as liquidator of the Company.

Resolution that the Company be wound up voluntarily

The resolution that the Company be wound up voluntarily will be considered by the members on the Decision Date.

Creditor information

That Neil Frank Vinnicombe of Universal House, 1-2 Queens Parade Place, Bath, BA1 2NN, being an individual qualified to act as an insolvency practitioner in relation to the Company, will furnish creditors free of charge with such information concerning the Company's affairs as they may reasonably require during the period before the Decision Date.

Statement of Affairs

Pursuant to Section 99 of the Insolvency Act 1986, the director of the Company is required before the Decision Date and before the end of the period of 7 days beginning with the day after the day on which the Company passes a resolution for winding up, to make out a statement (in the prescribed form) as to the affairs of the Company and to send the same to the Company's creditors.

Request for a physical meeting

As explained above, where the Threshold for objecting to the Proposed Decision is met, a physical meeting of creditors will be convened in order to seek a decision from creditors on the nomination of a liquidator.

In addition, the Insolvency legislation also provides that 10% in value of creditors, 10% in number of creditors, or 10 creditors, may require a physical meeting to be held to consider the Proposed Decision. Such a request must be made in writing to the Convener, via the contact details below by no later than the Decision Date. In order to enable the Convener to determine whether a threshold has been met, please also provide a proof with any request.

Convener's contact details

Documents required to be delivered to the Convener pursuant to this notice can be sent by post to Begbies Traynor, Universal House, 1-2 Queens Parade Place, Bath, BA1 2NN, or alternatively by e-mail to Kayleigh.bryant@begbies-traynor.com. Any person who requires further information may contact Kayleigh Bryant by telephone on 01225 316040 or alternatively by e-mail at kayleigh.bryant@begbies-traynor.com

Convener

10 July 2017