We wanted to be sure that we could carry
the outstanding debt in our balance sheet, subject to court
action, if all other means of negotiation failed. Our own
auditors, Walton & Co agreed with the report.
In March of 1997, I recruited a Highways Engineer, Ron
Tyson to oversee our manufacturing business in recognition
of the numerous highways contracts that he had been
involved in and for his valuable experience.
In May of 1997, Ron Tyson introduced me to a stainless
metals supplier, Advanced Metals International of Watford.
In June of 1995, I met with the owner of the business Ray
Kennedy and their accountants the Taylors Partnership and
their senior partner Stuart Leaman. Both individuals
expressed an interest in my business as a result of the
introduction by Ron Tyson, a long term and former customer
of theirs. The meeting concluded that we had a mutual
common interest being the markets we served and the
products we sold. A joint venture was in the making!
In June of 1997, it was agreed by our board, that I would
pursue a form of merger and Tom Drake and John MacDonald
would step down from the board to allow me to pursue
negotiations with Ray Kennedy and his advisers. At the same
time, we were served with a winding-up petition by the
Customs and Excise for non payment of vat on the disputed
invoice for 45,000 pounds outstanding on the bridge
contract. This amounted to approximately 8,000 pounds.
The winding-up petition was advertised in the London
Gazette on June 30 1997. The result of this action meant
that our account was frozen at Lloyds Bank and at our
Factoring Company Venture Factors PLC. In addition, trade
insurers down-graded our credit worthiness, resulting in us
losing credit with our key suppliers.
Effectively we were frozen in our ability to trade.
What does one do in this situation? What
I personally did was to engage the services of a corporate
Solicitor in Roger Duncan a former partner with
Pennington’s and at the time a sole practitioner. His own
personal accountant, Robert Jones also advised on our
situation and both concluded in their professional capacity
that we should continue to trade without incurring further
liability with the aim of dismissing the winding up
petition.
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