Five secured charges in place as former Kontrol UK entered moratorium in February 2020
Former Kontrol UK Limited, renamed 20190221 Limited, entered a moratorium on 27 February 2020 with five outstanding secured charges and a winding-up petition already before the Companies Court.
Information for general guidance, drawn from the public record. Not legal, financial, or insolvency advice. If you are affected by an insolvency, consult a licensed practitioner or qualified solicitor.
Five outstanding secured charges held by HSBC, Advantedge Commercial Finance, and BCRS Business Loans were on the register when 20190221 Limited, formerly trading as Kontrol UK Limited, came under a moratorium on 27 February 2020. The company, a non-food wholesale trader registered under SIC code 46900, was operating from Unit 1, Woodside Farm, Lizard Lane, Tong, Shifnal, TF11 8QE when the moratorium came into force.
A moratorium is a formal legal protection that pauses most creditor enforcement action without leave of the court, giving a company breathing space to consider its options. This one came into force while a winding-up petition, listed as CR-2019-006758, was already before the Companies Court. The petition had appeared on the Companies Court winding-up list as early as 15 January 2020, and the company appeared again on a further list dated 8 April 2020.
The company had been incorporated on 3 September 2007 under its original name, Kontrol UK Limited, and changed its name to 20190221 Limited on 5 March 2019. Its registered address at the time of the notice was Sanderlings, Beckett's Farm, Alcester Road, Birmingham, B47 6AJ. The last filed accounts covered the period to 31 December 2016. The company has since been dissolved.
The director at the time was Kenneth William Bates, appointed on 4 September 2007. Julie Helen Bates has served as company secretary since the same date. Hanover Directors Limited and HCS Secretarial Limited each held nominee roles on incorporation but resigned the same day, 3 September 2007.
The secured charges
The five outstanding charges span several years of borrowing. HSBC Bank PLC held the oldest, a debenture created on 21 September 2012 carrying a fixed and floating charge over the company's undertaking and all present and future property and assets, including goodwill, book debts, uncalled capital, buildings, fixtures, and fixed plant and machinery. HSBC Invoice Finance (UK) Ltd held a further registered charge created on 23 August 2017. HSBC UK Bank PLC held a third charge, created on 20 September 2018, described as a legal assignment of contract monies.
BCRS Business Loans Limited held a registered charge created on 15 August 2017, secured against plant, machinery, equipment and other tangible assets, together with the company's present and future undertaking, book debts, and freehold and leasehold property. Advantedge Commercial Finance Limited held the most recent charge, registered on 21 February 2019.
A secured creditor is one whose debt is backed by a charge over the company's assets, ranking ahead of unsecured creditors when assets are distributed.
For creditors and suppliers
Once a moratorium comes into force under the Insolvency Act 1986, most creditor enforcement action is paused without the court's permission. This is the moratorium under paragraph 43 of Schedule B1, the part of the Act that governs formal insolvency procedures in England and Wales.
Creditors seeking to evidence amounts owed to them would do so through a proof of debt, the formal claim form submitted to record the sum outstanding. Trade suppliers and others without security over the company's assets rank as unsecured creditors in any subsequent distribution of assets.
Employee claims for unpaid wages, notice pay, and redundancy are treated separately in insolvency. The Redundancy Payments Service handles statutory payments to employees where a company cannot meet those obligations itself.
Common questions
Are you owed money by 20190221 Limited?
You are an unsecured creditor unless you hold a registered charge or retention of title. The administrators will write to known creditors in due course with a proof-of-debt form and timetable for the first meeting. Until that letter arrives, no formal action is required from you. Read more about proof of debt and where you sit in the creditor hierarchy.
Did you work at 20190221 Limited?
Wages owed up to a statutory cap, holiday pay, notice pay and redundancy may be claimable from the Redundancy Payments Service if the company is unable to pay. The administrators will normally coordinate the RP1 claim with the affected staff. See gov.uk: your rights if your employer is insolvent.
Do you hold a deposit, gift card or undelivered order from 20190221 Limited?
Customers with paid-but-undelivered orders, gift cards or deposits typically rank as unsecured creditors. Where you paid by credit card and the amount was over £100, Section 75 of the Consumer Credit Act 1974 may let you claim from the card issuer for breach of contract or misrepresentation by the supplier; the rules apply per item, not per transaction, and the card must be a regulated credit card. Debit-card payments may be recoverable via chargeback.
Are you a director of a company connected to 20190221 Limited?
Watch for Section 216 of the Insolvency Act 1986 if you intend to keep trading under a similar name in a successor company. The rule prohibits a director of a liquidated company from being involved in another company using the same or a similar name for five years, unless one of the statutory exceptions applies. Read more about Section 216.
Sources
- The London Gazette notice (code Moratoria, Prohibited Names and Other: Moratorium: Coming into Force)
- Companies House record 06359374
- Editorial standards: how we source and review; five-pass pipeline.
