Cash4phones - creditors meeting - 13th Jan Please retweet - https://cag.tw/tf7

[BankFodder]

If you are one of the many people who have had their phone stolen by this crowd then you are a creditor of the company.

If you have a judgment against them then you are a preferred creditor.

 

Please spread the word on this meeting to Facebook, Twitter - and of course - other victims.

 

The short url for this thread is - cag.tw/tf7

 

 

 

Meetings of Creditors

 

YEMONIA LIMITED

 

(t/a Cash 4 Phones)

 

(Company Number 06300042)

 

(formerly C4P Trading Limited)

 

Suite 21, 5 Spring Street, Paddington, London, W3 3AQ

 

Principal Trading Address: 15 Gateway Mews, London, N11 2UT

 

Notice is hereby given, pursuant to Section 98 of the Insolvency Act 1986 that a meeting of the creditors of the above-named Company will be held at 122 Hither Green Lane, Hither Green, London, SE13 6QA, on 13 January 2014, at 11.15 am for the purposes provided for in Sections 99, 100 and 101 of the said Act. Creditors wishing to vote at the meeting must lodge their proxy together with a statement of claim at the registered office of the Company which is now Capital Books, 103 Scotney Gardens, St Peters Street, Maidstone, Kent, ME16 0GT not later than 12.00 noon on the business day before the meeting. At the meeting, creditors may be asked to consider a resolution specifying the terms on which the liquidator is to be remunerated and the meeting may receive information about, or be called upon to approve, the costs of preparing the statement of affairs and convening the meeting. A copy of ‘A Creditors Guide to the Liquidators’ Fees’ published by the Association of Business Recovery Professionals and Capital Books fee policy are available at the link http://www.capital-books.co.uk/FeePackages.html. Notice is also given that Mansoor Mubarik (IP No 009667) of Capital Books, 103 Scotney Gardens, St Peters Street, Maidstone, ME16 0GT, is qualified to act as an Insolvency Practitioner in relation to the Company and will, during the period before the day of the meeting, furnish creditors with such information concerning the Company’s affairs as they may reasonably require.

 

Creditors can contact this office on 01622 754 927 or by email at [email protected].

 

 

Nearchos Chacholiades, Director

 

 

03 January 2014.

 

(1969420)

 

 

http://www.london-gazette.co.uk/issues/60744/notices/1969420/recent=10;category=corp-insolvency-winding-up-creditors;subcategory=meetings-creditors

[AmandaC2601]

Thanks guys

[BankFodder]

You may want to send a copy of your judgment to Capital Books, 103 Scotney Gardens, St Peters Street, Maidstone, Kent, ME16 0GT

 

But also call them on the given number 01622 754 927 and ask them about your voting right and how you can vote against the dissolution of the company. Capital Book are not a bookshop by the way. They are insolvency practitioners.

Be polite with them. They have nothing to do with C4P - they are just doing their job.

 

Also, you may want to inform the police that the man they may be looking for may be at 122 Hither Green Lane, Hither Green, London, SE13 6QA, on 13 January 2014, at 11.15

Q. Can I use Bankruptcy and Company Insolvency Proceedings to recover my money? This sounds very complicated. Will I recover all of my money using this method?

 

Bankruptcy is available for debts of £750 and over; however, it rarely results in payment to `ordinary' [i.e. unsecured] creditors. A judgment creditor [even the creditor who starts the insolvency action] is not necessarily a "preferential" creditor and must take a share in any assets with other ordinary creditors, but only after those `preferential ' creditors with security (e.g. mortgagees) have been paid and after payment of outstanding tax and the fees and expenses of the receiver in bankruptcy.

 

A Statutory Demand is the first step to bankruptcy against an individual and this is prepared and served without any court involvement. A statutory demand can be served as soon as the debt is due and a judgment is not necessary. If the debtor disputes the claim, he or she can apply for the statutory demand to be set aside. The bankruptcy court will halt the bankruptcy if there is any dispute about the sum outstanding. It can be relatively easy for a debtor to have a statutory demand set aside and the process can result in an order for costs being made against the creditor, so caution needs to be exercised before using a Statutory Demand.

 

The Winding-up Procedure against companies also starts with a statutory demand. There is no set procedure to set aside a statutory demand against a company, and if the debt is disputed, the case is argued after the presentation of the petition i.e.?

 

The court fees and sums payable to the official receiver by way of deposit are considerable and will deter most creditors pursuing a Small Claims judgment via the bankruptcy or insolvency route.

 

http://www.contractoruk.com/limited_companies/enforcement_small_claims.html

[AmandaC2601]

Please click on the link that the forum posted its gives you the email address of [email protected] - They will send you a proof of debt form, I am currently sending the CJ Number, Proof of delivery for letters sent along with the letters, Emailes received from C4P.

 

Gather as much info as you can that they owe you this money. Once the documents are completed either email them back to the email addreess provided or send it by registered post to the address of capital books quoting Yeomania.

 

Good luck guys & gals.

[AmandaC2601]

Basically even though a judgement has been served we may not see anything from it then? Sorry if thats a daft question.

[BankFodder]

That's right, I'm afraid.

 

But if you have a copy of the judgment then I think that you should contact Capital Books - quickly. And the police. Have you contacted the police? - Action Fraud?

 

Amazingly, most of the victims pf Cash4phones who I have come across have not bothered to contact the police!!!!

[AmandaC2601]

I contacted the fraud office and trading standards haringey, i have a crime ref no as well so lets see.

[AmandaC2601]

Ive just emailed over the judgement, copies of letters royal mail pod, etc to Capital Books

[BankFodder]

Great. Have you given them the crime details as well?

 

I suggest also that you contact the fraud team and tell them about this new developments - and give them the details of Capital Books

[AmandaC2601]

I will thanks

[iyuk]

 

Amazingly, most of the victims pf Cash4phones who I have come across have not bothered to contact the police!!!!

 

I have and have a crime number. also contacted companies house to press them to keep the company from using insolvency to close the company which was obviously setup as a front for criminal activity.

[Apriumben]

I have also mailed Capital Books saying I want to attend the meeting. I have updated my debt chasing company and am about to so same with action fraud

[AmandaC2601]

Go for it the more who do they hopefully will stop this happening to anyone else

[BankFodder]

The only thing that would discourage it would be a serious police investigation and some arrests.

 

If one of the victims had been a policeman's daughter - you can bet that it would have been stopped a long time ago.

[BankFodder]

United Kingdom[edit]

England and Wales[edit]

A citizen's arrest is permitted to be made on any person under section 24A of the Police and Criminal Evidence Act 1984 for an indictable offence, including either way offences (in this section referred to simply as "an offence"), but excluding certain specific ones listed below. It is thus permissible for any person to arrest:

Anyone who is in the act of committing an offence, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence, or

Where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it

In order for the arrest to be lawful, the following two conditions must also be satisfied:

It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead

The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:

The person causing physical injury to himself or others

The person suffering physical injury

The person causing loss of or damage to property

The person absconding before a constable can assume responsibility for him

Use of the second power above is rather risky, since it relies upon the person carrying out the arrest knowing that an offence has been committed, of which in itself needs to be indictable or either way offence. The Act therefore gives a constable additional powers under section 24 to arrest the following:

Anyone who is (without doubt) about to commit an offence, or whom the constable has reasonable grounds for suspecting to be about to commit an offence

Anyone whom the constable has reasonable grounds for suspecting to be guilty of an offence which is merely suspected to have taken place

N.B. "Any person" powers can be used to arrest before an offence occurs as long as the offence in question falls within the Criminal Attempts Act 1981. This act creates the offence of an attempted offence, as long as the offence being attempted is an indictable one. For this to apply, the offence must actually be in the process of being attempted - preparatory steps are not sufficient. For example, putting gloves on to smash a car window would not suffice, but the throwing of a brick at the window would.

A constable's arrest power is not limited to indictable offences, and conditions different from the above apply.

However, a citizen's arrest cannot be made:

inside a polling station, on a person who commits or is suspected of committing an offence of personation under article 30 of the National Assembly for Wales (Representation of the People) Order 2007,[36]

inside a polling station, on a person who commits or is suspected of committing an offence of personation under section 60 of the Representation of the People Act 1983[37]

in relation to an offence of stirring up racial hatred under Part 3 or stirring up religious hatred under Part 3A of the Public Order Act 1986.[38]

In addition to the above, a private person may be authorised to execute an arrest warrant, if the court issuing the warrant has given them the authority to do so.

 

http://en.wikipedia.org/wiki/Citizen's_arrest#United_Kingdom

[AmandaC2601]

Your right -Looks like this has gone on for years

[Daz1979]

Best place to sell old phones is ebay, gumtree or other free ad places like Vivastreet - I got offered pittance by one of these phone recycling companies whereas I made a nice amount on ebay but mainly cos the sim cards had lots of credit on them...

[AmandaC2601]

I've received an email saying the case has been closed for the complaint i made and all victims are being refered to trading standards tel:

08454040506.

[BankFodder]

I can't imagine that this is correct. Maybe they are floundering and they don't know what to do.

 

I would suggest a note to them protesting and telling them that you will be sending an immediate complaint to their controlling body and aslo to Trading Standards about them. Surely they are required to log all claims by creditors.

 

have a look on their website for their professional associations. Copy them into the email you sent to Cap Books.

[AmandaC2601]

Seriously - Thats the email i had from the crime management unit! f***ing useless

Edited January 8, 2014 by honeybee13
Language.

[Staraker]

Also, you may want to inform the police that the man they may be looking for may be at 122 Hither Green Lane, Hither Green, London, SE13 6QA, on 13 January 2014, at 11.15

 

Only a few streets away from where I live - pity I didn't get scammed, and will be at work, anyway.

[BankFodder]

I've received an email saying the case has been closed for the complaint i made and all victims are being refered to trading standards tel:

08454040506.

 

 

I have just had a message form the BBC. They have contacted the provisional liquidator and he has He’s denied that he’s referring creditors to Trading Standards.

 

He is expecting the director to be there at the meeting!

 

If you have an email referring you to Trading Standards - please will you post it up here urgently and alos send me a copy as an attachment to our admin email address .

[AmandaC2601]

I'll forweard you the emails to the admin address i have had one from the police as well for what use they are

[Nantan Lupan]

Hi Guys

 

I have not suffered any loss with this company but sympathise with those who have. I am just making a couple of points to try and be helpful here.

 

First, a Judgment does not make you a preferential creditor. Preferential creditors are people like employees etc. A CCJ in itself does not make you any more than an unsecured creditor.

 

Second, it is unlikely that the police will be interested until the liquidator has finished his enquiries and they will consider it a civil matter. Likewise, trading standards are not likely to get involved at this stage either, not that they could do much anyway.

 

The problem with this situation as I see it will be that there is likely to be lots (thousands perhaps) of small creditors who are owed maybe £100 or so tops. If the company have appointed their own provisional liquidator, the only way to overturn this would be to collect as many proxy votes from as many creditors as possible with a view to overturn their choice of liquidator and appoint someone else.

 

The problem with this is initially the time factor, there is not much time to organise this as the creditors meeting is little more than a week away and you would need to get a majority of creditors to vote against the appointment of the provisional liquidator.

 

The liquidator has a duty to investigate the conduct of the directors and if necessary can take action against them. The directors (or at least one of them) has to be present to chair the creditors meeting.

 

If anyone has time to attend the meeting, I would suggest that a proposal is made that a committee of inspection should be convened to assist the liquidator to carry out investigations into the director's conduct.

 

I wish you all luck

 

regards - Colin

[Apriumben]

Well I advised action fraud yesterday that it would be appropriate for them to attend the meeting and arrest the director. they haven't replied to me as yet!

 

However as I am planning to attend, how about people filling in their proxy form and nominating me? I don't want to put my personal details on here though, but if you post your willingness to do this then Bankfodder can probably get them to you (unless any of the CAG admins are also planning to attend?)