Issue 6 - November 2006
Tony Mitchell

Welcome to the November newsletter from business recovery and personal insolvency specialists Cranfield Recovery. Our aim is to bring you the latest facts, news and comment on insolvency and business related issues.

If you missed our earlier Business Rescue and Insolvency Newsletters you can read them on-line.

Tony Mitchell
Managing Director
01926 450414
In this issue...
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 Insolvency Latest - Quarter 3 2006, published Nov 2006

  No. In Quarter Change On Previous Quarter Change On Same Period Last Year
Company Liquidations 3,235 -0.4% -4.3%
Receiverships 93 -39.2% -45.3%
Administrations 675 +3.4% +8.9%
Company Voluntary
Arrangements
157 +6.8% +20.8%
Bankruptcies 15,416 +2.7% +26.6%
Individual Voluntary
Arrangements
12,228 +9.8% +117.9%

Source: DTI quarterly report.
A detailed breakdown of the quarterly figures can be found on the Cranfield Recovery website


This quarter’s insolvency statistics published by the Insolvency Service on 3 November 2006 show bankruptcies have flattened out during 2006.  IVAs however continue their meteoric growth as seen since the first quarter of 2005.

On the business front there’s no apparent trend.  There’s a slight increase in company voluntary arrangements, a trend continued since the 4th quarter of 2005.  Although in 2006 there’s relative stability in the number of liquidations there have consistently been between 12,000 and 14,000 liquidations per annum since 2004.


Cranfield on the Move

As you read this newsletter we will be loading files into packing case and preparing to relocate to new offices in the centre of Coventry.  Having spent the last 5 years in and around Warwick we have decided to move to a location more central to our principal market of Coventry and Warwickshire whilst not losing the strong relationships we have developed in South Warwickshire.

We plan to settle in between now and Christmas and will be holding an office launch party early in the New Year.  Look out for your invite.

From Monday 13th November 2006 Cranfield Recovery will be found at:

Youell House
1 Hilltop
Coventry
CV1 5AB
Tel: 024 7655 3700
Fax: 024 7655 3777


Client case studyCase Study: Glass Monopoly Causes Crash



Glass Merchants Ltd suppliers of a range of toughened glass and double glazed sealed units employed 60 staff at their factory in Great Barr in Birmingham.  They found themselves in trading difficulties in July 2006 caused by a variety of factors but primarily the increasing cost of the manufactured glass sheets they bought in. 

The UK glass industry is very competitive and extremely price sensitive and with a very small number of major producers producing flat glass in the UK, companies like Glass Merchants Ltd are at the mercy of these suppliers and the UK energy markets.  But that’s not all.  When we became involved the price of glass was being influenced by the failure of a furnace in Europe.  A classic case where events outside of the control of a company can influence its survival.

Following Tony Mitchell’s appointment as Administrator on 3 August, Cranfield Recovery started to prepare the business for sale.  This is where the first peculiarity of the glass market came into play.  One of the glass suppliers had a policy not to supply to a company in insolvency, a policy they adhered to vigorously.   In order to maintain supply we had to purchase glass in the spot market – going to independent dealers and paying a premium.

With some difficult negotiation supply was secured and with careful, planned communication to customers order levels were maintained so that trading could continue to enable the business to be sold as a going concern.  Then fate dealt a killer blow.  The furnace broke down.  In spite of the fact that the problem was quickly identified and the spare part was in the stores that wasn’t the end of the misfortune.  The spare part was faulty and instead of a brief blip in production there was no production for 3 days.  This was the difference between being able to sell the business as a going concern and having to close and sell the assets.

The new TUPE regulations also had a bearing on this case.  With 60 staff there was a significant £150,000 contingent liability, which no purchaser was willing to take on.

We eventually got the furnace working and did manage to sell the assets for a good price and as far as we know, the new company is continuing to trade from the old site, having re-employed a number of the former employees. Not a classic style turnaround but jobs have been saved and there is still a trading business.


An Insatiable Appetite for Credit

UK consumers are responsible for a third of all unsecured debt in Western Europe, borrowing more than twice as much as people in other countries, according to a Datamonitor report.

While the average consumer in countries such as France, Germany, Greece and Turkey has debt of 2,278 euros (£1,558), excluding mortgage borrowings, the typical UK consumer has raked up debt of 4,642 euros (£3,175).   The report attributed the difference to the UK's "insatiable appetite for credit".

Total UK personal debt, including mortgages, now tops 1.2 trillion pounds, as consumers have gone on an unprecedented spending spree, spurred on by low interest rates and the housing market boom.

But many people have been pulling in the purse strings recently, following a rise in the base rate and soaring utility bills.   And with an anticipated rise in base rates on 9th November consumers would be wise to continue to review their debts and reconsider plans for dealing with them.

 Why Choose an IVA over Bankruptcy?

With all the latest insolvency statistics indicating the rise and rise of Individual Voluntary Arrangements (IVAs) here’s our view of the merits of an IVA over bankruptcy.

Year
IVA's
Jan – Sep 06
31,600
2005
20,293
2004
10,752
2003
7,583
2002
6,295
2001
6,298
2000
7,978
  1. Freedom and Control – An IVA imposes far less restrictions on the individual than bankruptcy.  With an IVA the individual can continue to trade or do business.  An IVA does not affect the ability of a person to maintain a directorship of a limited company as is the case in bankruptcy.  An IVA puts the individual in the driving seat – to decide what to put to the creditors, in bankruptcy the debtor is told what to do by the  trustee.
  2. Limited length of effect – Although a discharge from bankruptcy can now be obtained in less than 1 year if ‘excessive expenditure’ is evident (for example taking a Caribbean cruise taken at a time when debts were mounting) the Official Receiver can be notified and additional restrictions applied.
  3. Less pressure –Creditors should not be making contact with the debtor during the IVA term.
  4. Positive approach – An IVA is a positive approach with the debtor making some effort to pay off creditors.  Bankruptcy can be seen as running and hiding.
  5. Financial management – Entering into an IVA a debtor can see how much they are going to pay each month.  All interest and charges can be frozen for the duration of the IVA and in many cases a significant amount of debt will actually be written off by the creditors at the end of the IVA period.

Quick Definition:  What is an IVA?
An IVA is a formal, binding agreement between a debtor and their creditor to pay part or all of the outstanding debt.  A licensed insolvency practitioner must supervise the agreement and must inform the Court of the details.

Thoughts for the Quarter

"Success is going from failure to failure without loss of enthusiasm." - Winston Churchill


Cranfield Carting Challenge Winners

Congratulations to Shortland Horne who held on to their long held lead over four competitive rounds to win the first ever Cranfield Carting Challenge Cup.  The Shortland Horne team has already laid down the gauntlet to professional firms wishing to take them on in the 2007 Challenge Cup.  Details will be issued early in the New Year.  In the meantime if you’d like to enter a team in next year’s Cup contact Maria on 01926 450414 or 02476 7655 3700 (after 10th November 2006)

Cranfield Carting Challenge
Leader Board

Position

Team

Laps

1st

Shortland Horne

995

Warwickshire Early Bird Golf Society

The final Early Bird golf morning of the year will be held at the Menzies Welcombe Golf Club on 16th November 2006. 

Warwickshire Early Bird Golf Society

Warwickshire Early Bird Golf Society

Call Maria at Cranfield Recovery on 01926 450414 or 024 7655 3700 (from 13th November 2006) for more details or download a booking form here.


Cranfield Recovery Limited works with clients and professional contacts throughout Coventry and Warwickshire.  The company was founded in 2001 and deals with all aspects of corporate, business and personal financial problems.

Tony Mitchell is a Licensed Insolvency Practitioner, a fellow of the Association of Chartered Certified Accountants and a member of the Midland’s Regional Committee of the Association of Business Recovery Professionals.

Cranfield Recovery Limited
New Address from 13th November 2006
Youell House
1 Hilltop
Coventry
CV1 5AB
Telephone:    024 7655 3700
Fax:             024 7655 3777
Email:           enquiries@cranfieldrecovery.com

� 2006 Cranfield Recovery Ltd