Creditors

What has happened?

Toby Banfield, Rachael Wilkinson and Rob Lewis of PwC were appointed as Joint Administrators of the Companies on 9 May 2022. Following their appointment, the Joint Administrators are pleased to announce the sale of most of the Companies’ business and assets to  Alliance Property Holdings, part of the Morrisons Group (“Morrisons”).

I am owed money; what notification will I receive?

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

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 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 administrators are also required to provide a written update on the administrations to all known creditors every 6 months. This report will be sent within one month of every six month  anniversary the appointment.

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. 

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 Companies’ 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_mccolls_creditors@pwc.com