Notice of liquidators’ final account before dissolution report under rule 18.3, or final account...

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Notice of liquidators’ final account before dissolution Name of Company HCL Realisations 2013 Ltd Company Number (a) FC030174 We (b) David James Kelly, Ian David Green and Toby Scott Underwood the joint liquidators of the company, give notice to creditors and members that:- the company's affairs are fully wound up; the creditors have the right to request information from the liquidator under rule 18.9 of the Insolvency (England and Wales) Rules 2016 (IR16) (c); the creditors have the right to challenge the liquidator's remuneration and expenses under rule 18.34 IR16 (c); a creditor may object to the release of the liquidator by giving notice in writing to the liquidator before the end of the prescribed period; the prescribed period is the period ending at the later of— o eight weeks after delivery of the notice, or o if any request for information under rule 18.9 IR16 or any application to court under that rule or rule 18.34 IR16 is made when that request or application is finally determined; the liquidator will vacate office under section 171 of the Insolvency Act 1986 (IA86) on delivering to the registrar of companies the final account and notice saying whether any creditor has objected to release; and the liquidator will be released under section 173 IA86 at the same time as vacating office unless any of the company's creditors objected to the liquidator's release. Dated: 23 October 2017 The joint liquidators contact details are: (d) postal address: PwC LLP, Central Square, 29 Wellington Street, Leeds, LS1 4DL email address: [email protected] telephone number: 0113 289 4804 (a) If the company is incorporated outside the UK or is an unregistered company comply with IR16 r1.6 (b) Insert full names of liquidators (c) Details of these rights can be found overleaf (d) insert a postal address for the office-holder and either an e-mail, or telephone number, through which the office holder may be contacted In accordance with rule 6.28 of the Insolvency (England and Wales) Rules 2016

Transcript of Notice of liquidators’ final account before dissolution report under rule 18.3, or final account...

Page 1: Notice of liquidators’ final account before dissolution report under rule 18.3, or final account under rule 18.14 which first reports the charging of the remuneration or the incurring

Notice of liquidators’ final accountbefore dissolution

Name of Company

HCL Realisations 2013 Ltd

Company Number (a)

FC030174

We (b) David James Kelly, Ian David Green and Toby Scott Underwood

the joint liquidators of the company, give notice to creditors and members that:-

the company's affairs are fully wound up;

the creditors have the right to request information from the liquidator under rule 18.9 ofthe Insolvency (England and Wales) Rules 2016 (IR16) (c);

the creditors have the right to challenge the liquidator's remuneration and expenses underrule 18.34 IR16 (c);

a creditor may object to the release of the liquidator by giving notice in writing to theliquidator before the end of the prescribed period;

the prescribed period is the period ending at the later of—

o eight weeks after delivery of the notice, or

o if any request for information under rule 18.9 IR16 or any application to courtunder that rule or rule 18.34 IR16 is made when that request or application isfinally determined;

the liquidator will vacate office under section 171 of the Insolvency Act 1986 (IA86) ondelivering to the registrar of companies the final account and notice saying whether anycreditor has objected to release; and

the liquidator will be released under section 173 IA86 at the same time as vacating officeunless any of the company's creditors objected to the liquidator's release.

Dated: 23 October 2017

The joint liquidators contact details are:

(d) postal address: PwC LLP, Central Square, 29 Wellington Street, Leeds, LS1 4DL

email address: [email protected]

telephone number: 0113 289 4804

Creditors’

(a) If the company isincorporated outside theUK or is an unregistered

company comply withIR16 r1.6

(b) Insert full names ofliquidators

(c) Details of these rightscan be found overleaf

(d) insert a postal addressfor the office-holder and

either an e-mail, ortelephone number, throughwhich the office holder may

be contacted

In accordance with rule6.28 of the Insolvency(England and Wales)

Rules 2016

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Creditors’ right to request information under rule 18.9 IR16

The following may make a written request to the liquidator(s) for further information about remuneration orexpenses set out in a final account—

(a) a secured creditor;

(b) an unsecured creditor with the concurrence of at least 5% in value of the unsecured creditors (includingthe creditor in question);or

(c) any unsecured creditor with the permission of the court.

A request, or an application to the court for permission, by such a person or persons must be made or filed withthe court (as applicable) within 21 days of receipt of the account by the person, or by the last of them in the caseof an application by more than one member or creditor.

The liquidator(s), within 14 days of receipt of such a request respond to the person or persons who requestedthe information by—

(a) providing all of the information requested;

(b) providing some of the information requested; or

(c) declining to provide the information requested.

The liquidator(s) may respond by providing only some of the information requested or decline to provide theinformation if—

(a) the time or cost of preparation of the information would be excessive; or

(b) disclosure of the information would be prejudicial to the conduct of the proceedings;

(c) disclosure of the information might reasonably be expected to lead to violence against any person; or

(d) the liquidator is subject to an obligation of confidentiality in relation to the information.

A liquidator who does not provide all the information or declines to provide the information must inform theperson or persons who requested the information of the reasons for so doing.

A creditor who need not be the same as the creditor or members who requested the information, may apply tothe court within 21 days of—

(a) the liquidator giving reasons for not providing all of the information requested; or

(b) the expiry of the 14 days within which an liquidator must respond to a request.

The court may make such order as it thinks just.

Creditors’ right to challenge the liquidator's remuneration and expenses under rule 18.34 IR16

An application to court may be made in a winding-up on the grounds that—

(a) the remuneration charged by the liquidator(s) is in all the circumstances excessive;

(b) the basis fixed for the liquidators’ remuneration under rules 18.16 and 18.20 IR16 is inappropriate; or

(c) the expenses incurred by the liquidator(s) are in all the circumstances excessive.

Such an application for one or more of the orders set out in rule 18.36 or 18.37 IR16 may be made by—

(a) a secured creditor,

(b) an unsecured creditor with either—

(i) the concurrence of at least 10% in value of the unsecured creditors (including that creditor), or

(ii) the permission of the court.

The application by a creditor must be made no later than eight weeks after receipt by the applicant of theprogress report under rule 18.3, or final account under rule 18.14 which first reports the charging of theremuneration or the incurring of the expenses in question.

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www.pwc.co.uk/hcl

Joint liquidators’ final account

HCL Realisations 2013 Ltd

(in creditors’ voluntary

liquidation)

PricewaterhouseCoopers LLP

Central Square

29 Wellington Street

Leeds

LS1 4DL

23 October 2017

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www.pwc.co.uk/hcl

PwC Contents

Contents

Abbreviations and definitions 2

Key messages 3

What we’ve done during the liquidation 4

Outcome for creditors 5

Progress since we last reported 7

Appendix A: Receipts and payments 9

Appendix B: Expenses 10

Appendix C: Remuneration update 11

Appendix D: Other information 16

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The following table shows the abbreviations and insolvency terms that may be used in this report:

Abbreviation or definition Meaning

Company HCL Realisations 2013 Ltd

Liquidators David Kelly, Ian Green and Toby Underwood

firm PricewaterhouseCoopers LLP

IR16 Insolvency (England and Wales) Rules 2016

IA86 Insolvency Act 1986

HMRC HM Revenue & Customs

HCPL Hatfield Colliery Partnership Limited

prescribed part The amount set aside for unsecured creditors from floating charge

funds in accordance with Section 176A IA86 and the Insolvency Act

1986 (Prescribed Part) Order 2003

secured creditors Creditors with security in respect of their debt, in accordance with

Section 248 IA86

preferential creditors Generally, claims for unpaid wages earned in the four months before

the insolvency up to £800, holiday pay and unpaid pension

contributions in certain circumstances

Bank ING Group N.V

unsecured creditors Creditors who are neither secured nor preferential

Abbreviations and definitions

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Why we’ve sent you this report We’re writing to tell you that the Company’s affairs are now fully wound up and to provide our final account of

the liquidation, including an update since our last progress report.

You can still view our earlier reports on our website at www.pwc.co.uk/hcl.

Please get in touch with Lee Panther on 0113 289 4804 or at [email protected] if you need any of the

passwords to access the reports.

How much creditors have received The following table summarises the outcome for creditors.

Notes:

1 The Bank reduced its secured debt against the Company from £102m to £2m as part of the sale of the transfer to HCPL. The Bank

has received a total distribution of £14,037.

2 All employees transferred across to HCPL as part of the sale of the business and no preferential creditors remained against the

Company

What you need to do This report is for your information and you don’t need to do anything.

The enclosed Notice of Final Report gives details of creditors’ rights in relation to requesting further

information, challenging the Liquidators’ remuneration and expenses and objecting to the Liquidators’ release

from liability.

More information in relation to creditors’ rights can also be found in the guide below:

http://www.icaew.com/-/media/corporate/files/technical/insolvency/creditors-

guides/creditors-guide-liquidators-fees-final.ashx?la=en

You can also get a copy free of charge by telephoning Lee Panther on 0113 289 4804.

Key messages

Class of creditor

Distributed

(p in £)

Secured creditors 0.7 ¹

Preferential creditors n/a ²

Unsecured creditors 5.38

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On 9 December 2013 Toby Underwood, Ian Green and I were appointed joint administrators of the Company.

The administration ended on 18 November 2014, when the Company went into creditors’ voluntary liquidation

and we were appointed as Liquidators.

You may recall that, following the administrators’ appointment, the majority of the Company’s business and

assets were transferred to HCPL. Following this transfer there were no further valuable assets of the Company

to realise.

As part of the transfer, HCPL undertook to pay the trade creditors of the Company in full via four instalments.

Unfortunately, in June 2014, HCPL delayed payment of the final two instalments due to financial difficulties it

was encountering.

At the end of the administration the only outstanding matter was the resolution of the payment of creditors

undertaken by HCPL, and the distribution of the prescribed part funds put aside to any creditors that remained

unpaid.

Regrettably, after our appointment as Liquidators, HCPL entered compulsory liquidation on 17 August 2015,

without making all the payments due to legacy trade creditors under the sales agreement. This meant that a

much larger pool of unsecured creditors than previously expected had claims against the Company.

Upon the compulsory liquidation of HCPL, the position of the Company’s unsecured creditors “crystallised” and

meant the Liquidators’ could invite unsecured claims from creditors for the unpaid balance that remained, and

begin to adjudicate upon these claims.

Due to the unique set of circumstances on this case, it was necessary to liaise extensively with creditors, ex-

Company directors and liquidator of HCPL (being the Official Receiver) to ascertain the correct value of

creditors’ claims and to unsure the repayments made by HCPL were correctly deducted. Furthermore, due to

the high value of a number of claims, a substantive review of certain claims were undertaken.

More details can be found on the unsecured claims process on the page overleaf.

What we’ve done during the liquidation

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Outcome for creditors

Secured creditors

The Bank’s lending to the Company as at the date of the prior administration was in the region of £102 million

and was secured by a debenture dated 15 April 2011. This security gave the Bank fixed and floating charges over

all the Company’s assets.

The amount owing to the Bank was adjusted as part of the consideration for the sale of the business and assets

to HCPL, which meant that the Bank reduced its secured debt by approximately £100m to £2m. There was an

implied value of the assets transferred to HCP of some £40m, which meant that the prescribed part was at the

maximum value of £600,000. Third party contributions were made to provide funds to the administration

sufficient to meet the prescribed part together with the anticipated costs of the administration and the

subsequent liquidation. Any funds realised which were not required for the prescribed part and costs were

therefore distributable to the Bank under its floating charge.

The Bank therefore received the surplus funds that remained in the Company’s bank account after the

fulfilment of all the Liquidation costs. This totalled £14,037.

The Bank therefore wasn’t repaid in full under its security and suffered a significant shortfall.

Preferential creditors (mainly employees)

In their statement of affairs, provided to the administrators, the directors thought that preferential claims

would total around £642,000. However, all employees transferred to HCPL in the sale of the business. This

meant there were no preferential creditors of the Company.

Unsecured creditors

Dividends become available for unsecured creditors when there are sufficient funds (after costs of the

liquidation) to pay the secured and preferential creditors in full, with an amount left over. In certain

circumstances, part of the amount available for secured creditors may be ring-fenced for the benefit of

unsecured creditors. This prescribed part is paid out of ‘net property’, which is floating charge realisations after

costs, and after paying - or setting aside enough to pay - preferential creditors in full. But it only has to be made

available where the floating charge was created on or after 15 September 2003.

The prescribed part applied in this case as there is a floating charge created after 15 September 2003. The

amount of the prescribed part is:

50% of net property up to £10,000; plus

20% of net property above £10,000; but

Subject to a maximum of £600,000.

You may recall that as part of the sale of the business and assets of the Company £600,000 was provided to

distribute to unsecured creditors (this being the maximum prescribed part amount).

As mentioned above, HCPL undertook to repay the Company’s trade creditors, to be repaid in four instalments

over the preceding twelve months. However, before HCPL could repay all the trade creditors in full, it entered

compulsory liquidation.

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Based on the Company’s records, this resulted in a reduction of the unsecured creditor balance relating to trade

creditors from approximately £5.5 million on appointment, to £1.9 million before HCPL’s insolvency (a

reduction of 65%).

On 19 September 2016 we issued a notice of intended dividend to all creditors with a final deadline date of 11

October 2016 for unsecured creditors to submit any unsecured claim they may have.

Following the expiry of this proving date, claims worth a total of £9,945,475 were agreed.

Subsequently, on 8 December 2016 a first and final dividend totalling £535,000 was paid to unsecured

creditors resulting in a dividend of 5.38 pence in the £.

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Unsecured distribution As above, the first and final distribution to unsecured creditors totalling £535,000 was paid in the period.

Statutory and compliance

Tax matters Following the submission of the final tax computation in the previous period, we have liaised with HMRC in the period to successfully obtain formal tax clearance.

VAT matters A final VAT 426 input tax reclaim was submitted in the period to recover the VAT paid on the final invoices in the period.

Investigations and actions Nothing has come to our attention during the period under review to suggest that we need to do any more work

in line with our duties under the Company Directors’ Disqualification Act 1986 and Statement of Insolvency

Practice No.2.

Our receipts and payments account We set out in Appendix A an account of our receipts and payments in the liquidation from 18 November 2016

to 24 September 2017, and for the liquidation in total.

Our expenses We set out in Appendix B a statement of the expenses we’ve incurred in the period since our last report.

Our fees We set out in Appendix C an update on our remuneration which covers our fees, disbursements and other

related matters in this case.

Progress since we last reported

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What we still need to do The winding up of the Company is now complete. Following the end of the period within which creditors may

object to our release, we will send a copy of this final account to the Registrar of Companies with a statement of

whether any creditors of the Company objected. We will vacate office on sending the copy report and

statement.

If you’ve got any questions, please get in touch with Lee Panther on 0113 289 4804.

Yours faithfully

David Kelly

Joint liquidator

David James Kelly, Toby Scott Underwood and Ian David Green have been appointed as joint liquidators of HCL Realisations 2013 Ltd.

David James Kelly, Toby Scott Underwood and Ian David Green are all licensed in the United Kingdom to act as insolvency practitioners

by the Institute of Chartered Accountants in England and Wales.

The joint liquidators are bound by the Insolvency Code of Ethics which can be found at:

https://www.gov.uk/government/publications/insolvency-practitioner-code-of-ethics

The joint liquidators are Data Controllers of personal data as defined by the Data Protection Act 1998. PricewaterhouseCoopers LLP will

act as Data Processor on their instructions. Personal data will be kept secure and processed only for matters relating to the liquidation.

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Total at

17 November 2016 £

Movement from 17 November 2016 to

24 October 2017 £

Final Outcome £

Floating Charge Receipts

Balance transferred from administration 689,374.89 - 689,374.89

Bank interest 2232.31 - 2,232.31

Refunds 1,236.64 - 1,236.64

VAT balance from former administration 25,541.29 - 25,541.29

Total receipts 718,385.13 - 718,385.13

Floating Charge Payments

Bank charges - (27.50) (27.50)

Corporation tax (277.06) - (277.06)

Irrecoverable VAT - (317.36) (317.36)

Legal disbursements (570.14) - (570.14)

Legal fees (43,596.58) (1,534.68) (45,131.26)

Liquidators' disbursements (579.66) (52.08) (631.74)

Liquidators' remuneration (time costs basis) (52,000.00) (65,000.00) (117,000.00)

Professional fees (375.00) - (375.00)

Professional fees - Jersey (2,789.77) (2,081.80) (4,871.57)

Statutory advertising (146.04) - (146.04)

Total payments (100,334.25) (69,013.42) (169,347.67)

Net floating charge realisations 618,050.88 (69,013.42) 549,037.46

VAT control account (12,981.89) 12,981.89 -

Distribution to unsecured creditors (5.38p in the £) (535,000.00) (535,000.00)

Distribution to secured creditor (14,037.46) (14,037.46)

Balance held in non-interest bearing account 605,068.99 (605,068.99) -

The statement of affairs values are not included here as they are not indicative of realisations in the liquidation as many

of these assets were realised in the former administration and are included in the administration surplus balance above.

The Prescribed Part (Section 176A of the Act and the Insolvency Act 1986 (Prescribed Part) Order 2003) applies to the

Company as the charges were created and registered at Companies House subsequent to the order coming into force on 15

September 2003. The Company's net property totalled over £3m and so the prescribed part is calculated at the maximum

of £600k.

Appendix A: Receipts and payments

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The following table provides details of our expenses. Expenses are amounts properly payable by us as

liquidators from the estate and includes our fees, but excludes distributions to creditors.

The table should be read in conjunction with the receipts and payments account at Appendix A, which shows

expenses actually paid during the period and the total paid to date.

Category Unpaid

expenses at

18/11/2016

(£)

Expenses

incurred in the

period

(£)

Expenses paid

in this period

(£)

Final unpaid

expenses

(£)

Bank charges - 27.50 (27.50) -

Former administrators' remuneration 57,792.30 - - 57,792.30 *

Irrecoverable VAT - 317.36 (317.36) -

Pre-administration costs 45,557.85 - - 45,557.85 *

Legal fees - 1,534.68 (1,534.68) -

Liquidators' disbursements 69.00 - (52.08) 16.92 *

Liquidators' remuneration 62,450.55 29,747.40 (65,000.00) 27,197.95 *

Professional fees - Jersey - 2,081.80 (2,081.80) -

Total 165,869.70 33,708.74 (69,013.42) 130,565.02

* Any remaining unpaid office-holders expenses will be written off.

Appendix B: Expenses

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During the administration, the secured creditor fixed the basis of administrators’ fees by reference to time

properly given by the administrators and their staff in dealing with the administration. It was also agreed with

the secured creditor that fees drawn from funds subject to its charges (i.e. excluding the prescribed part) would

be capped at a maximum of £150,000 for general insolvency work.

The fee basis agreed in the administration continues to apply in the liquidation. This means that our fees as

liquidators will be calculated by reference to time incurred.

The time cost charges incurred in the period since our last report are £29,747. Total time costs incurred for the

entire Liquidation are £144,198

Of our total time costs of £144,198 we have drawn £117,000 to date. Of this amount, £52,000 was drawn in

relation to general liquidation costs. We previously drew fees of £33,000 in relation to pre-appointment work

and £65,000 against time costs incurred in the administration; meaning we have drawn the total of £150,000

as agreed.

The other £65,000 drawn was in relation to the costs of adjudicating claims and payment of the unsecured

dividend. This was deducted from the prescribed part funds of £600,000, meaning a total of £535,000 was

distributed. As shown in the summary table below, we have incurred total costs of £77,528 in dealing with

creditor claims and the distribution.

We set out later in this Appendix details of our work to date, disbursements, subcontracted work and payments

to associates.

Summary for the case

Aspect of assignment Total hours Total time

cost (£) Average hourly

rate (£)

1 Accounting and treasury 44 8,782 198

2 Closure procedures 13 3,279 248

3 Creditor claims / distributions 359 77,528 216

4 Employees & pensions 1 493 448

5 Investigations 3 589 187

6 Other assets 0 56 185

7 Property 6 1,302 223

8 Statutory and compliance 144 34,266 238

9 Strategy & Planning 13 3,521 262

10 Tax 64 12,908 203

11 VAT 7 1,474 211

Total for the case 655 144,198 220

Appendix C: Remuneration update

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Our hours and average rates for the period 11 November 2016 to closure

Aspect of assignment Partner

(Hrs) Director

(Hrs)

Senior Manager

(Hrs)

Manager (Hrs)

Senior Associate

(Hrs)

Associate (Hrs)

Support (Hrs)

Total (Hrs)

Time cost £

Average hourly

rate £

1 Accounting and treasury - - - 1.00 8.30 8.10 - 17.40 3,581.25 205.82

2 Closure procedures - - - 1.50 10.55 1.20 - 13.25 3,279.40 247.50

3 Creditors 0.70 1.00 1.35 3.00 13.35 20.33 0.30 40.03 9,573.65 239.16

4 Employees & pensions - - - 0.60 - - - 0.60 315.00 525.00

5 Statutory and compliance 3.30 - 2.10 7.20 24.00 1.41 1.55 39.56 11,196.85 283.03

6 Strategy & Planning 0.50 - 0.30 - 3.25 - - 4.05 1,182.00 291.85

7 Tax - - - - 0.10 0.57 - 0.67 105.25 157.09

8 VAT - - - 0.80 - 1.40 - 2.20 514.00 233.64

Total for the period 4.50 1.00 3.75 14.10 59.55 33.01 1.85 117.76 29,747.40 252.61

Brought forward at 17 November 2016 537.34 114,450.55

Total 655.10 144,197.95

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Our time charging policy and hourly rates We and our team charge our time for the work we need to do in the liquidation. We delegate tasks to suitable

grades of staff, taking into account their experience and any specialist knowledge that is needed and we

supervise them properly to maximise the cost effectiveness of the work done. Anything complex or important

matters of exceptional responsibility are handled by our senior staff or the Liquidators.

All of our staff who work on the liquidation (including our cashiers, support and secretarial staff) charge time

directly to the case and are included in any analysis of time charged. Each grade of staff has an hourly charge

out rate which is reviewed from time to time. For the avoidance of doubt, work carried out by our cashiers,

support and secretarial staff is charged on a time costs basis and is included in the analysis of hourly rates

charged by partners or other staff members. Time is charged in three minute units. The minimum time

chargeable is three minutes (i.e. 0.05 units). We don’t charge general or overhead costs.

We set out below the maximum charge-out rates per hour for the grades of our staff who already or who are

likely to work on the liquidation.

We call on colleagues in our Tax, VAT, Real Estate and Pensions departments where we need their expert

advice. Their specialist charge-out rates vary but the following are the maximum rates by grade per hour.

Grade Insolvency Staff Specialist Staff

Maximum charge

out rates

(£)

Up to 30 June 2017

(£)

From 1 July 2017

(£)

Partner 600 620 1,315

Director 500 525 1,210

Senior manager 435 450 1,230

Manager 345 355 735

Senior associate – qualified 260 268 545

Senior associate – unqualified 190 196 -

Associate 170 175 270

Support staff 89 92 160

In common with many professional firms, our scale rates may rise to cover annual inflationary cost increases.

Payments to associates We have made no payments to associates in the period covered by this report.

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Our work in the period since our last report Earlier in this section we have included an analysis of the time spent in the period by the various grades of staff.

Whilst this is not an exhaustive list, in the following table we provide more detail on the key areas of work:-

Area of work Work undertaken

Why the work was necessary; and any

financial benefit the work provided to

creditors

Accounting and treasury

Management of funds held through

bank reconciliations, payments,

receipts and journals;

Payment of the unsecured distribution;

and

Arranging closure of the Company’s

banking facilities.

To enable the proper functioning of the

Company’s post-administration bank

account.

To enable the proper management of

administration

To distribute funds to creditors

Closure procedures

Completing review of case in advance of

closure; and

Liaising with agents and lawyers to ensure

no outstanding costs.

To ensure all statutory and regulatory

tasks have been completed in advance of

dissolving the Company.

To ensure there are no outstanding

liabilities of the Company before

dissolution.

Creditors

Responding to creditor enquiries;

Preparing and sending correspondence to

creditors in relation to their unsecured

distribution; and

Dealing with unsecured distribution

matters such as uncashed cheques.

To keep creditors informed of the

progress of the administration;

Statutory requirement under insolvency

legislation to formally declare the

dividend to creditors.

To assist creditors in receiving their

unsecured distribution payment.

Statutory and compliance

Preparing and circulating our second

report;

Preparing final report;

Liaising with UK Companies House and

filing notices where appropriate;

Liaising with Jersey Registry and filing

notices where appropriate;

Maintaining internal job management

systems; and

Dealing with correspondence received.

Statutory requirement under insolvency

legislation to prepare and circulate

reports to all creditors and Companies

House.

Requirement under insolvency

legislation to keep appropriate case

records to enable the effective operation

of the administration (as per best

practise).

Strategy & Planning Periodic review of the case by

appointment-takers; and

Team strategy calls and discussions.

Regulatory requirement for the purpose

of ensuring adequate progression and

supervision of the case.

Tax Chasing and obtaining formal tax

clearance from HMRC

To ensure all tax requirements and

liabilities have been fulfilled before

closure

VAT Submission of final VAT 426 to reclaim

VAT refund from HMRC

To reclaim VAT paid on costs incurred.

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Disbursements We don’t need to get approval to draw expenses or disbursements unless they are for shared or allocated

services provided by our own firm, including room hire, document storage, photocopying, communication

facilities. These types of expenses are called “Category 2” disbursements and they must be directly incurred on

the case, subject to a reasonable method of calculation and allocation and approved by the same party who

approves our fees.

Our expenses policy allows for all properly incurred expenses to be recharged to the liquidation and has been

approved by the secured creditor where required.

No disbursements arose in the period of this report.

Category Policy

Costs incurred

(£)

2 Photocopying - at 5 pence per sheet copied, only charged for circulars to creditors

and other bulk copying. -

2 Mileage - At a maximum of 71 pence per mile (up to 2,000cc) or 93 pence per mile

(over 2,000cc) -

1 Analyse all other disbursements reimbursed at cost -

Total -

Our relationships We have no business or personal relationships with the parties who approve our fees or who provide services to

the liquidation where the relationship could give rise to a conflict of interest.

Details of subcontracted work No work has been subcontracted in the period.

Legal and other professional firms We instructed the following professionals on this case:

Service provided

Name of firm /

organisation

Reason selected Basis of fees

Legal services, including:

appointment related matters;

advice on ROT claims; and

sale of business contracts.

Dentons LLP Expertise Time costs

Jersey company secretary role Verite Trust Company Ltd Company’s pre-appointment

provider

Fixed fees

Jersey legal advice Ogier Expertise Time costs

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Company’s registered name: HCL Realisations 2013 Ltd

Trading name: formerly Hatfield Colliery Ltd

Registered number: Jersey Company Register: 107932

UK Companies House: FC030174

Registered address: Sommerville House, Philips Street, St Helier, Jersey, JE2 4SW

Date of the Liquidators’ appointment: 18 November 2014

Liquidators’ names, addresses and

contact details:

David James Kelly and Ian David Green, both of PwC LLP, 7 More

London Riverside, London, SE1 2RT; and,

Toby Scott Underwood, PwC LLP, Central Square, 29 Wellington

Street, Leeds, LS1 4DL

Appendix D: Other information