Question: Will the Company be fulfilling my order?
Answer: No, the Company has ceased to trade as the festival could not be held due to events beyond it’s control and is therefore not able to fulfil any outstanding orders.
Question: Will the Company be issuing refunds for orders that have not been fulfilled?
Answer: No. If your order has not been fulfilled, the monetary value of your order will rank as an unsecured claim against the Company, and you (the individual or entity who placed the order) will be recorded as the respective unsecured creditor. The Company is understood to have had no assets and therefore it is unlikely that there will be a distribution to any class of creditor
Question: Can I recover my money from my bank, financial institution, or payment processor directly?
Answer: The ability to recover any monies will be dependant upon the method in which payment was made, the value of the payment, and the individual procedures and policies of your bank or financial institution that processed your payment.
Recovering monies in this manner is often referred to as a reclaim or chargeback and it is recommended that you seek advice from your respective bank, financial institution, or payment processor as soon as possible. We have however provided some general advice below:
Buy Now Pay Later Provider or PayPal
If you purchased the goods via a buy now pay later provider, or via PayPal, you should open a dispute with the buy now pay later provider or PayPal directly.
If you paid via PayPal, you have 180 days from the date of payment to open a dispute.
If you purchased goods using a credit card, there are two options available to you.
If the amount paid is less than £100, you must initiate a chargeback process with the credit card provider. There is no guarantee that monies will be recovered with this process.
If you paid over £100, a claim can be made pursuant to Section 75 of the Consumer Credit Act (“Section 75”). Section 75 is legal protection for UK consumers whereby the lender (in this case, the credit card provider) is jointly liable with the retailer for monies owed.
Claims brought under Section 75 must be made within 6 years of the date of payment, or in the case of non-receipt of goods, within 6 years of the date that goods should have been received.
Debit Card and Bank Transfer
It is unlikely that monies can be recovered if payment has been made via debit card or bank transfer, although this will differ between organisations and will be subject to their respective policies and insurance.
Question: What should I do if I cannot recover my money from my bank, financial institution, or payment processor?
Answer: If you are unable to recover your monies from the above directly, you will need to submit a claim in the liquidation. All claims of this nature will rank as an unsecured claim in the liquidation, however the Company has no known assts and therefore it is unlikely that there will be any distribution made to any class of creditor
Question: What are unsecured creditors?
Answer: The order in which creditors are ranked in an insolvent liquidation, is set out in the Insolvency Act 1986. An unsecured creditor is the lowest ranking creditor in the order of priority and payment will only be achieved if all other creditors, who fall before unsecured creditors in the order of priority, are discharged in full, along with costs of the liquidation.
Please refer to the following article for further information regarding the order of payments in a liquidation: https://www.begbies-traynorgroup.com/articles/insolvency/who-gets-paid-first-when-a-company-goes-into-liquidation.
The Company is registered in England and Wales, registered company number: 13904739, and therefore the insolvency proceedings will be carried out in accordance with the relevant UK insolvency legislation.
As part of the liquidation process, the director is required to prepare and deliver up a Statement of Affairs to all of the Company’s known creditors.
Within the Statement of Affairs is a schedule of all known creditors, which will include personal data, such as names and addresses/email addresses (dependant upon the method of delivery). This is required by insolvency legislation, meaning it is lawful processing of personal data and does not constitute a breach of General Data Protection Regulation (GDPR).
More Begbies Traynor News
Contact Begbies Traynor Group