The director of the company contacted KSA to discuss the company’s present financial situation. After the initial telephone conversation, a meeting was requested and held at the company’s premises. Keith Steven represented KSA at the meeting. The company is a wholesale provider gift and home products to retailers.
KSA were appointed to assist the company with a Company Voluntary Arrangement (CVA) in May 2010. Turnover for the year to January 2010 was c£3.7m.
The company was encountering financial difficulties due to:
- The collapse in sales of a key licensed product, having purchased the license renewals (these are purchased in advance of sales).
- The general downturn in sales during the recession.
- The failure of the directors to control licenses and new product areas.
- One director spent a long period in hospital and the at home while recovering.
- A very poor quarter to March 2010
- The company operates from leased premises which are owed personally by the directors.
- The company employed 16 staff including the directors
- During the restructuring period the company made 2 redundancies and there were also 4 leavers, only 2 of which were replaced.
Bank & Financial facilities
- The bank was secured with a fixed and floating charge and provided an overdraft facility of £50K. There were no other loans or banking facilities
- There was one outstanding finance agreement in respect of the company’s computer equipment
- The directors had provided no Personal Guarantees (P.G’s) to any creditor .
- One of the directors was classed as a Connected or associated creditor having made loans in excess of £1.2m available to the company.
Creditors in this class so not usually attract a dividend in the CVA however they do have a vote for the value of the debt.
Unsecured Creditor debt:
- £845K of which HMRC was c24% - if all creditors had voted HMRC, in this case, would have been unable to reject the CVA on their own having less that 25% of the debt.
Cost & overhead reduction
- Costs and overheads were reduced by c£1m
The nominee’s review was held and the CVA and nominee’s report were subsequently lodged at court. The CVA proposed 33p in £1 repayment to unsecured creditors over 5 years.
The CVA was accepted by the body of creditors at the creditors meeting.