Ten Bobsworth wrote:Now Sluffy has finally accepted that the Administrators did significantly understate the creditors, I do hope he might try to figure out why they did it and where it left poor old Kenneth.
???
I haven't though Bob.
What I've said was that 'the creditors', EDT and KA, claimed that they had security of £17.5m and £7.5m in BL and pointed to the fact that they registered themselves as secured creditors in Sept/Oct 2018 for circa £7.5m each.
The Administrator stated that there was no record of BL ever receiving such sums and struck out their claims for these amounts.
That isn't the Administrator
understating their claims but rather them (EDT and KA) having deliberately
overstated their claims on BL.
I don't doubt a contract between ED and KA to settle BM was made away from BL but that in legal terms had nothing to do with BL and was separate to the insolvency that the Administrator was appointed to discharge as the representative of the Companies List (formerly known as the Companies Court).
Companies ListWho we areWe are a specialist court within the Business and Property Courts of the
High Court of Justice.
We are based at the Rolls Building in London and also at district registries across England and Wales. Cases at the Rolls Building are heard by one of 5 Insolvency and Companies Court judges and cases at district registries are heard by district judges.
What we doThe Insolvency and Companies List was formerly known as the Companies Court.
We handle cases relating to the insolvency of companies, including:
Appeals against a decision by a liquidator to reject a proof of debt in an insolvency[You must be registered and logged in to see this link.]Unless the Administrator is LYING and has FALSIFIED Burnden Leisure's accounts, then the circa £7.5m amounts of both ED and KA were never received by BL (or thereafter left it to pay BM).
And if the Administrator was LYING and had FALSIFIED the accounts why then didn't EDT and KA appeal to the
specialist court about this breaching of their contracts with BL and specifically in existence to deal with such appeals???
The Administrator did not 'misrepresent' or 'understate' the creditors - he merely reported on and acted accordingly with what BL's bank statements actually showed were was received and what wasn't!
How difficult would it have been for EDT and KA to simply show their bank statements as their proof and basis of appeal to prove that they had indeed deposited their circa £7.5m's into BL and thus show that the Administrator had made some sort of major mistake against them???
It seems abundantly clear that the charges made against BL in Sept/Oct 2018 by ED (Moonshift) and KA in respect registering themselves as Secured Creditors against BL did not go through BL books, the money was never received into BL and thus EDT and KA's respective claims for circa £7.5m against BL had never occurred.
As it never occurred the Administrator appointed to deal with the insolvency at BL, legally and properly dismissed these amounts.
How could he not?
I simply can't get my head around why you think he should have done and accept a transaction between ED and KA to settle BM completely independently of BL?
I can understand that BL benefitted by circa £5m by having the BM creditor settled away from itself but legally that doesn't mean that whoever paid it had a claim on BL, without some previous contractual agreement between BL and the entity that settled the BM debt.
And if that was the case (that a pre-existing contract actually DID exist) then whoever held this contractual agreement with BL could simply prove its existence to the High Court as their bases of an appeal.
But this begs the question why the Administrator recorded no such creditor on his schedule of Creditors List?
Implying their wasn't such a contract in existence between
BL and A N Other?