Moratoria, Prohibited Names and Other: Re-use of a Prohibited Name

The City of BirminghamThe City of WestminsterCheshire EastB4 6AT52.483806-1.895917CW4 7ET53.201062-2.382144SW1P 1DE51.496694-0.136465Insolvency Act 1986Insolvency Act 1986, s. 2162019-01-302019-02-15TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk321147562563

THIS IS A NOTICE UNDER RULE 22.4(2) OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016 (THE "RULES")

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME

TYRES ON THE DRIVE LTD

07615202

(IN ADMINISTRATION)

Registered office: Cotton Court, Middlewich Road, Holmes Chapel, Crewe, England, CW4 7ET

Principal trading address: Cotton Court, Middlewich Road, Holmes Chapel, Crewe, England, CW4 7ET

Please take note that on 30 January 2019, Tyres on the Drive (Ltd) filed for administration and appointed Edward Williams and Jonathan Roden, both of Grant Thornton UK LLP of The Colmore Building, 20 Colmore Circus, Birmingham B4 6AT, and Sarah O'Toole of Grant Thornton UK LLP of 4 Hardman Square, Spinningfields, Manchester M4 3EB as joint administrators of Tyres on the Drive (Ltd).

On 30 January 2019, Tyres on the Drive (Ltd) (in administration) sold substantially the whole of its business and assets to Victor Holdings Limited (11783692 - registered office at Francis House, 11 Francis Street, London SW1P 1DE). It is the intention for Victor Holdings Limited to continue using the trading name of "Tyres on the Drive".

I, Martin McCormick, of Units 1-2, Cotton Court, Middlewich Road, Holmes Chapel, Crewe, England, CW4 7ET was a director of Tyres on the Drive (Ltd) when it filed for administration.

I give notice that I am acting and intend to continue to act in one or more of the ways to which section 216(3) of the Insolvency Act 1986 would apply if the above-named company were to go into insolvent liquidation in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the above named company under the following names:

Tyres on the Drive, tyresonthedrive.com

If this notice had not been published I would not otherwise be permitted to undertake those activities outlined below without the leave of the Court or the application of an exception created by Rules made under the Insolvency Act 1986.

NOTICE

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.

This 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 a 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.

A breach of the prohibition created by section 216 of the Insolvency Act 1986 is a criminal offence.