Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name
RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016
NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME
THE ENERGY COMPARISON SERVICE LIMITED
09781679Trading Name: Dontwastemoney.co.uk
(In Administration / Liquidation)
Registered office: 20 Roundhouse Court South Rings Business Park, Bamber Bridge, Preston, PR5 6DA
On 17/01/2023 the above-named company went into liquidation.
I am writing to advise you that on 08/03/2023 DWM Broadband Limited completed the acquisition of the business and assets of the Company from the Joint Liquidators.
As part of the acquisition, we have purchased the right to use the Company’s name and intellectual property, including the Company’s website. Jason Frayne, Pete King and Simon Morley were directors of the insolvent company and are also directors of DWM Broadband Limited.
The following individuals were relevant directors of the above-named company during the 12 months ending with the day before it went into liquidation.
Jason Frayne , 2nd Floor, 3-5 St Paul’s Square, B3 1QU
Simon Morley , 2nd Floor, 3-5 St Paul’s Square, B3 1QU
Pete King , 2nd Floor, 3-5 St Paul’s Square, B3 1QU
We hereby give notice that it is our intention to act from time to time in one or more of the ways specified in section 216(3) Insolvency Act 1986 in connection with, or for the purposes of, carrying on the whole or substantially the whole of the insolvent company under the following name:
The Energy Comparison Service T/A Dontwastemoney.co.uk .
It should be noted that the person(s) would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.
RULE 22.5 OF INSOLVENCY (ENGLAND AND WALES) RULES 2016
Statement as to the effect of the notice under rule 22.4(2):
Under the provisions of the Insolvency (England and Wales) Rules 2016 we are required to give you notice that we intend to use a name by which the Company was known or a name which is so similar as to suggest an association with the Company.
Section 216(3) of the Insolvency Act 1986 lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules made under the Insolvency Act 1986. (This includes the exceptions in Part 22 of the Insolvency (England and Wales) Rules 2016.) These activities are:
(a) Acting as a director of another company that is known by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company;
(b) Directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or
(c) Directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a name of the kind mentioned in (a) above.
The notice is given under rule 22.4 of the Insolvency (England and Wales) Rules 2016 where the business of a company which is in, or may go into, insolvent liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or similar name to that of that company.
The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in the case of the carrying on of the business through another company, being personally liable for that company’s debts.
Notice may be given where the person giving the notice is already the director of a company which proposes to adopt a prohibited name.