Insolvency Notices


Notice Type
Qualifying Decision Procedure
Publication date
19/09/2017
Edition
The London Gazette
Notice ID
2869251
Notice Code
2409

POINT BREAK MANAGEMENT LTD

Company Number: (09289312)

trading as Fit41ess Loughborough

Registered office: 6 Hill Rise, Woodhouse Eaves, Loughborough LE12 8QX

Principal trading address: Asha House, Wood Gate, Loughborough LE11 2TZ

This Notice is given under R6.14 and R15.8 of the Insolvency Rules (England & Wales) 2016 ("the Rules).

Creditors are invited to attend a virtual meeting by Ms. Michelle Erika McDiarmid, director, of the company for the purposes of considering the following (for the full wording of proposed decisions, see the proxy form):

1. "That Devdutt Patel of Baltic House, 4 & 5 Baltic Street East, London EC1Y 0UJ be and is hereby appointed liquidator of the company for the purposes of the winding up."

2. The establishing of a Liquidation Committee, if sufficient creditors are willing to be members of a Committee.

3. The approval of the fee for preparing the statement of affairs and calling the relevant meeting to place the company into liquidation.

4. The basis of the Liquidator's fees.

A resolution to wind up the company was passed by shareholders on 15 September 2017.

The shareholders appointed liquidator on that date. The proposed Liquidator who is qualified to act as an insolvency practitioner is:

Name(s): Devdutt Patel

Address: Baltic House, 4 & 5 Baltic Street East, London EC1Y 0UJ

IP Numbers: 8668

Email Address: dev@devpatel.demon.co.uk

Telephone Number: 020 7430 9697

On the two business days falling next before the decision date, a list of the names and addresses of the company's creditors will be available for inspection free of charge at Baltic House, 4 & 5 Baltic Street East, London EC1Y 0UJ.

The directors, before the decision date and before the end of the period of seven days beginning with the day after the day on which the company passed a resolution for winding up, are required by section 99 of the Insolvency Act 1986 -

(i) to make out a statement in the prescribed form as to the affairs of the company, and

(ii) send the statement to the company's creditors.

The virtual meeting will be held as follows:

Time: 13.45 hours

Date: 26 September 2017

To access the virtual meeting: Information to be separately supplied.

The virtual meeting may be suspended or adjourned by the chair of the meeting (and must be adjourned if it is so resolved at the meeting). The virtual meeting may be recorded.

Also provided is a proxy form to enable creditors to appoint a proxy-holder to attend on their behalf (note: any creditor who is not an individual must appoint a proxy-holder, if they wish to attend or be represented at the meeting).

All proxy forms, together with a proof of debt if one has not already been submitted, must be completed and returned by one of the methods set out below:

By post to: Baltic House, 4 & 5 Baltic Street East, London EC1Y 0UJ

By email to: dev@devpatel.demon.co.uk

All proofs of debt must be delivered by 4pm on the business day before meeting. All proxy forms must be delivered to the convener or chair before they may be used at the meeting.

If your proof of debt has not been received by the time specified above (whether submitted previously or as a result of this Notice), that creditor's vote will be disregarded. Any creditor whose debt is treated as a small debt in accordance with Rule 14.31 (1) of the Rules must still deliver a proof if the creditor wishes to vote. A creditor who has opted out from receiving notices may nevertheless vote if the creditor also provides a proof by the time set out above.

Creditors who meet one or more of the statutory thresholds listed below may up until the date of the virtual meeting require a physical meeting to be held to consider the matters detailed above.

Statutory thresholds to request a meeting:

10% in value of the credit

10% in number of the creditors

10 creditors

If the threshold is met, the decision procedure will terminate without a virtual meeting being held and a physical meeting shall be convened.

In the event that you cannot access the meeting or you are disconnected from the meeting while it is in progress, please redial the login details or call 020 7608 1063 to inform us of your absence.

Creditors who have taken all steps necessary to attend the virtual meeting under the arrangements made by the convener, but that do not enable them to attend the whole or part of the meeting, may complain under Rule 15.38 of the Rules. A complaint must be made as soon as reasonably practicable and in any event no later than 4pm on the business day following the day on which the person was, or appeared to be, excluded; or where an indication is sought under Rule 15.37, the day on which the complainant received the indication.

A creditor may appeal a decision by application to the court in accordance with Rule 15.35 of the Rules. Any such appeal must be made not later than 21 days after the Decision Date.

Dated: 15 September 2017

Ms Michelle Erika McDiarmid, Director and Convener