Case stories & comments
Over the years we have dealt with many cases. Listed below are links to those we feel best represent our varied services.
- Sale of business
- Re-appraisal & changes
- Restructuring business
- Business development
- Disqualification; DTI investigation; liquidator’s claims
- Negotiations, settlement, professional negligence
- Second opinion, avoidance of liquidation and consequences
- Company director disqualification proceedings
- Refuting claims; fighting bankruptcy proceedings
- Disqualification Undertakings
- Company Voluntary Arrangement
- Monitoring of performance; change of direction; sale of business
- Saving marital home
- Eliminate debt, build confidence, focus
- Investigations & interpretation
- Acting in person
- Avoidance of personal bankruptcy & recovery of damages
- Debt recovery litigation and avoidance of personal bankruptcy
- Debt recovery
- Settlement negotiation
Sale of business
GM: In July 2007 wrote: “I'm nearly 60 and I've run my own company since incorporation in 1984. I would like to sell it as a going concern but..... we have bank loans and hardly make a profit and don't pay rent as I own the factory. I would like to retire, take an income from the factory and the business is there for the taking. How can I get out?”
GM instructed us in September 2007. Immediately after completion of sale of the business 12 weeks later he wrote to John Ram as follows: “I must say at this point John, how well the whole event was handled by yourself. I will always be grateful, and for the speed with which you achieved it - first class and a job well done. Thank You.”
The business was sold for a significant sum. Our work involved re-structuring, then marketing and negotiating the sale and advising the directors and shareholders as to the financial implications and lifestyle changes.
GM, screen printer
Re-appraisal & changes
WP: We contributed to re-appraisal of the business model and preparation of a business plan, refinanced the business and thereafter assisted in the implementation of changes. "Director Helpline was analytical, constructive and clear in their assessment of the business, positive and creative. As a result of their involvement, I have gained great strength and clarity of purpose"
WP, events management entrepreneur.
Restructuring business
EL: We are restructuring a very successful firm to return the two senior partners to focussed and qualitative business and personal lifestyle, by removing under-performing partners and staff and reducing scale of operations. "We have worked ourselves into a cul-de-sac and could not see a way out. John is doing things we did not consider possible"
EL, a property services professional.
Business development
DM: We helped develop a life and pensions consultancy and assisted the directors sell it to a larger company. "John has good analytical skills and an incisive mind, has vision and overview, often sees potential in situations and people when others do not"
DM, independent financial adviser.
Disqualification; DTI investigation; liquidator’s claims
SE: The directors lived a nightmare, contending with company director disqualification proceedings, then DTI investigations and criminal proceedings for having traded using a prohibited name, then action by the liquidator to attach personal liability for company debts incurred whilst so trading. The costs of representation by Solicitor, Counsel and Expert Accountant could not be afforded. We advised the directors throughout, enabling self representation to dispute the allegations and mitigate damages. The directors were disqualified and fined but avoided a sentence and personal liability, and they are continuing their trade legitimately. "Without enduring solid support from John, his advice and firm directions, we could not have come through this nightmare"
SE, masonry and stone restorations.
Negotiations, settlement, professional negligence
GH is a director in the pharmaceutical sector. For tax planning reasons his accountants recommended that his salary be paid as consultancy fees to a limited company, allowing him to write off expenses and split the income with his wife. The accountants provided book keeping, payroll, VAT administration services during the year and at the end of the year they decided the most advantageous split between salary and dividends, prepared the end of year accounts, computed and agreed the liabilities and filed the appropriate returns. They did not advise GH to budget for VAT and taxes so the money was seldom there and the liabilities were seldom paid when due. After three years the debt to Crown Departments was considerable. The pharmaceutical company hit hard times - CC lost his job, his share options became valueless and there were no funds with which to settle creditors. The accountants assured GH that liquidation would dispose of the problem and sent him to a "friendly" insolvency practitioner. Two years later the DTI served disqualification proceedings on grounds of failure to submit returns on time, trading to the detriment of Crown Departments and failing to maintain and deliver up proper accounting records. There was a prima facie case for disqualification. Just then GH secured a prestigious and highly paid job as director of another pharmaceutical company. Disqualification had to be avoided at all costs. Our representations received sympathetic hearing and our offer to settle all creditors in full on condition the disqualification action be discontinued was accepted. We raised a large sum on the basis of his future income to clear up the mess. GH is now successful, secure and happy in his new job. We considered suing the accountants for negligence but the prospects of success were not good. "I was lucky to be introduced to John. Were it not for his efforts I would have lost my livelihood"
GH, director of pharmaceutical conglomerate.
Second opinion, avoidance of liquidation and consequences
AP consulted an insolvency practitioner but was uneasy about liquidation and he asked us to provide a second opinion. We discovered his accounting records were not up to date and his accountant was exercising a lien on the books and records against unpaid fees, that draft accounts for an earlier period showed he owed the company a substantial sum on his "director’s current account", and there was evidence of accumulation of liabilities to Crown Departments and other creditors. Consequently he was personally at risk for debts incurred whilst the company was insolvent, in addition to repayment of the "director’s current account", and he could also face director disqualification proceedings in due course. We negotiated a reduction of debt to a major supplier in return for long term commitment, agreed a schedule of payments to other creditors including the accountant, arranged a re-mortgage of AP’s home to provide new funds and oversaw the production of correct accounts. These last two factors eliminated the "over-drawn" director’s current account" and funded settlement of liabilities – "I avoided consequences which would have wiped me out. John saved my livelihood"
AP, television entrepreneur.
Company director disqualification proceedings
Upon receipt of formal notice of DTI intention to issue director disqualification proceedings we made representations and dissuaded the Secretary of State from pursuing the matter. "Disqualification would have been catastrophic for me. It was a good try; it brought an excellent result"
LA, double glazing supplier.
Refuting claims; fighting bankruptcy proceedings
We refuted claims of H M Customs & Excise and helped the client fight bankruptcy proceedings. We are now assisting the client in a lawsuit for damages. "John loves intellectually challenging matters and excels in rational problem solving. He fought from my corner with tenacity and is continuing to provide valuable assistance"
RO, solicitor.
Disqualification Undertakings
Upon receipt of formal notice of DTI intention to issue director disqualification proceedings we made representations and negotiated a reduction in the period of disqualification; the directors signed Undertakings to avoid costs. Later the liquidator threatened to make application to the Court for an order requiring the directors to contribute to the company’s assets for having wrongfully traded. Our representations persuaded the Liquidator that the application would fail. "We could not afford costs of legal advice and representation and could not have coped without John’s advice and guidance"
MB, computer software engineer.
Company Voluntary Arrangement
We assisted the directors, who had been advised to liquidate their company, to formulate proposals and negotiate a Company Voluntary Arrangement through a firm of respected Insolvency Practitioners, thereby avoiding liquidation and the personal bankruptcy of the directors. "Director Helpline and the Insolvency Practitioners helped resolve a business and personal crisis and secured our future"
MG, scaffolding supplier.
Monitoring of performance; change of direction; sale of business
SA is a brilliant salesman but a poor business manager with he has an expensive lifestyle. He built up a substantial business which had to be liquidated after a major customer went into receivership. Another business was born out of this wreckage and developed into a substantial enterprise. He asked us to assist in disqualification proceedings arising from the demise of the first business; thereafter he asked us to assist with the monitoring and control of the ongoing business. We arranged installation of proper accounting systems and monitored financial performance, discovering that although the turnover was substantial the business was not profitable, the company could not afford upkeep of SA and was insolvent. Another liquidation was inevitable! SA finally accepted that it is in his best interests to be an employee and moderate his personal expenses. We arranged the liquidation of the company and the core business has been sold to a major organization which has employed him on a remuneration package related to turnover. On the basis of this a Voluntary Arrangement has been agreed with the creditors to fund personal debts. Sadly SA was not able to save his marriage. "John did me a great service; he is a good friend"
SA, furniture retailer.
Saving marital home
RW’s last business met its demise when a new shopping complex opened nearby. He tried but failed to make a Voluntary Arrangement (arranged by previous advisers) with his creditors and he was made bankrupt. This put his home at risk as the Trustee was to realise his share of the equity for the benefit of creditors. We arranged for his wife to receive legal advice and successfully negotiated an affordable settlement to save the marital home. Sadly these happenings rocked the marriage and greatly damaged our client’s health. "John’s guidance and constant support helped us come through this very difficult phase in our lives"
RW, textile retailer.
Eliminate debt, build confidence, focus
PD suffered major set back as result of the "dot com bust". He has built up a large debt burden and his marriage had broken down - the combination of these factors brought serious health problems. He is beaten down by his problematic situation; he has lost confidence, is depressed and at times feels unable to cope. Our objective is to free him of his debt burden, build up his confidence and get him to focus fully on his work. There is no reason why he should not succeed again. "John is helping me get through my nightmare"
PD, commercial photographer.
Investigations & interpretation
WH faced director disqualification proceedings. The Examiner at the Official Receiver’s office did not believe his story and found the evidence of a major customer, a supplier of services and a member of staff more persuasive. We demonstrated that the workings of the business were novel and completely above board and the testimonies of the witnesses for the Official Receiver were deliberately slanted against our client - the customer had breached his contract, the supplier had made excessive charges for supplies and the member of staff had a misplaced grievance to air. The disqualification proceedings were discontinued and our client’s costs, including our fees, were paid by The Secretary of State. "John is thorough and tenacious. He did me a great service"
WW, incentive promotions specialist.
Acting in person
IM fought disqualification proceedings instigated by a "friendly" liquidator who turned "sour" and waged a personal vendetta against him and his wife. He acted in person, advised and assisted by us. We won but sadly the pain and suffering was not avoided and his wife is permanently damaged by the experience. "We could not have won the disqualifications proceedings without John’s guidance"
IM, plastic mouldings manufacturer.
Avoidance of personal bankruptcy & recovery of damages
AM and his young family were made homeless and he faced personal bankruptcy as a result of the failure of his computer training business venture into which he had sunk all his savings and moneys he had borrowed. The business could not open because of the landlord’s breach of an agreement to carry out necessary works without which a fire certificate could not be obtained. A dispute emerged and it was clear legal proceedings would have to be issued to recover damages. The business was to be transacted through a limited company and MM had personally guaranteed its borrowings. We arranged for the company to be put into liquidation and for AM to make a Voluntary Arrangement with his creditors. All creditors agreed to receive 35% of recoveries in full and final settlement of their claims and the liquidator of the company has transferred the right of action to MM who pursued the landlord with the assistance of legal aid. We won damages and the matter is settled. AM and his wife are now in salaried employment as trainers. "John guided us through this maze and made things possible. We avoided personal bankruptcy and recovered. We are greatly indebted to him"
AM, computer trainer.
Debt recovery litigation & avoidance of personal bankruptcy
We managed debt recovery litigation on behalf of the client, effected recoveries and negotiated settlement with the factoring house, thereby avoiding personal bankruptcy. "Director Helpline provided constant and solid support and were also empathetic and
constructive"
DD, marketing entrepreneur.
Debt recovery
We recovered a book debt considered irrecoverable and surprised the directors. "Director Helpline were so effective that they even collected the debt recovery charges, thereby ensuring we recovered 100% of the book debt"
KD, director of a printing company.
Settlement negotiation
"John negotiated the settlement sum payable upon my retirement as shareholder and director of a company. Were it not for his knowledge and expertise I would have had to take a pittance or stay locked in. He secured a termination payment far beyond my reasonable expectation."
BT, computer graphics.
DO ANY OF THESE APPLY TO YOU?
- You feel your business is a noose
- A problem arises that you have not seen before
- You are too busy running your business to deal with extra-ordinary issues
- You are struggling to develop the potential of your business
- You need help to exploit an opportunity
- You need to structure your operations for financial efficiency
- You need to take action to protect your assets
- You need to devise a financially efficient structure for offshore trading
- Your offshore costs are mounting and you do not know who to trust
- You need to make arrangements for business continuity/succession
- You cannot pursue a claim for lack of money and/or expertise
- You would like to retire but do not know how to get out
- H M Revenue & Customs are investigating your business
- You have a dispute and do not know which way to turn
- The DTI are investigating your business activities
- You feel you must liquidate or do an arrangement with creditors
- The arrangement with creditors is not working
- You have received notice of disqualification proceedings
- You fear business and professional failure
- You are called upon to settle a personal guarantee
- You fear personal bankruptcy and need to consider the implications
- You fear losing your home
- Or ……… you simply cannot see the way forward
If any of these apply, you need enlightened and impartial advice. Talk to John Ram.