Creditor FAQs (including subcontractors)

What has happened?

The Company has been placed into administration. 

On appointment, the Joint Administrators completed a sale of certain of the Company’s business and assets to FM Conway Limited. The Joint Administrators will now focus on achieving the best outcome for the creditors of the Company.

We appreciate these are difficult circumstances for all those in connection with the Company.

I am owed money; what notification will I receive?

The officeholder will write to all known creditors of the Company (per the creditor list obtained from the Company’s books and records) to formally notify them of the administration appointment. This will be accompanied by a general website notice informing creditors that most future documents for creditors will be posted to a website rather than being delivered by post.

What is the position if I am a moratorium creditor?

If the Company entered administration within 12 weeks of the end of a moratorium under Part A1 of the Insolvency Act 1986, the moratorium debts and priority pre-administration debts have priority for payment over other debts of the Company and the expenses of the administration.

If you are a creditor of the Company in relation to a moratorium or priority pre-administration debt (within the meaning of section 174A Insolvency Act 1986), when completing the statement of claim form you will be provided with, please indicate on the form whether the whole or part (and if so what part) of the debt owed is a moratorium or priority pre-administration debt. Please then send the completed form to the administrators, with supporting documentation, as soon as possible.

Administration

The Joint Administrators will produce a report to all known creditors and members within 1 week of the appointment. This report is known as the Joint Administrators’ proposals and will outline steps taken by the Joint Administrators to date and the strategy going forwards. This report will be delivered via upload to the website following the issue of the website notice with the initial creditors letter. 

The Joint Administrators are also required to provide a written update on the administrations to all known creditors every 6 months. This report will be published on the website within one month of every 6 month anniversary or earlier if an administrator vacates office or an extension to the administration is granted.

Opting Out

Creditors have the right to elect to opt out of receiving certain documents about insolvency proceedings. Any election to opt out will not affect a creditor’s entitlement to receive dividends, should any be paid to creditors. Further details on opting out will be provided to creditors in due course.

How do I know what kind of creditor I am? 

There are three main types of creditor:

• Secured (split into security via fixed/standard and floating charges);

• Preferential; and 

• Unsecured

Secured creditors have security registered at Companies House. When they have a fixed/standard charge over an asset, the secured creditor will be paid out of the realisations from that specific asset, after the costs of realisation have been deducted. When they have a floating charge over an asset, the secured creditor will be paid out of the realisations from those assets, after the costs of realisation and other expenses of the insolvency procedure, the preferential creditors (see below) have been paid in full and the prescribed part (see below) has been set aside. 

Preferential creditors primarily consist of employees for arrears of wages, accrued holiday pay, unpaid contributions to occupational pension schemes and state scheme premiums, all within certain limits. As of December 2020 this will also include certain aspects of HMRC’s claim, these claims will rank as secondary preferential claims (paid after the employees claims) and consist of the VAT, PAYE and NIC deductions. Preferential creditors rank ahead of all other creditors when realisations are achieved from assets where there is no fixed charge registered. 

Unsecured creditors are all other unsecured and non-preferential creditors (with the exception of shareholders/members). These are usually the normal “trade” creditors. They rank below preferential and secured creditors, with the exception of when the prescribed part is applicable (see below). 

Shareholders / members will be the last class of creditor to receive a distribution and they will only receive a distribution after everyone else has been paid in full. 

What is the prescribed part?

When a secured creditor has a floating charge registered after 15 September 2003, a proportion of the funds available to them is set aside for distribution to unsecured creditors. This is the prescribed part. 

The prescribed part applies in this case as there is a floating charge created after 15 September 2003. The amount of the prescribed part is:

• 50% of net property up to £10,000

• 20% of net property above £10,000

• Subject to a maximum of £800,000

Insolvency legislation sets out how the prescribed part is calculated and if it is applicable further details will be provided in the officeholders’ reports to creditors. 

Estimated timeframe for reviewing my claim and paying a dividend?

The administration process is complex and it takes time to assess the Company’ position and provide an estimate of the quantum or timing for reviewing claims and making a distribution. The officeholders will include an update of dividend prospects and, if possible, a timeframe in their proposals and reports. 

Will you refund the costs incurred in preparing a claim? 

We are unable to refund the costs in preparing a claim. Consequently, we cannot refund any expenses incurred in obtaining information necessary to make a claim. If your query has not been answered by the above, please email uk_frealisations_enquiries@pwc.com.