KAVANAGH MOTORS LIMITED

Company Number: (03430656)

In Creditors' Voluntary Liquidation

Registered office: 18 Beddington Cross, Beddington Farm Road, Croydon, Surrey, CR0 4XH

This notice is given pursuant to Part 6 and 15 of the Insolvency (England and Wales) Rules 2016 (the Rules). THE PROPOSED DECISIONS

The following decisions are proposed as decisions to be made by the Company’s creditors at a Virtual Meeting. Kieron Kavanagh, the chairman of the Company gives notice that the Virtual Meeting is to be held at 10:15am on 3 September 2020 (the Decision Date).

1. That creditors decide on the nomination of a Liquidator. It is proposed that Paul Bailey and Tommaso Waqar Ahmad, of Bailey Ahmad Business Recovery, be appointed Joint Liquidators and that any act required or authorised under any enactment to be done by the Joint Liquidators, may be done by all or any one or more of the persons holding the office of liquidator from time to time.

2. That the basis of the Liquidators' remuneration be agreed on the basis of in accordance with the Liquidators’ fees estimate as detailed in the fees estimate provided to creditors with this Notice. The Liquidators’ be authorised to draw his remuneration on account of costs incurred as and when funds permit

3. That DNA Worldwide be paid the sum of £1,500 plus VAT for their valuation of the Company’s assets and assistance with the preparation of the statement of affairs.

4. That Bryden Johnson Accountants be paid the sum of £2,000 plus VAT for their assistance with the preparation of the statement of affairs

5. That the Joint Liquidators be authorised to draw Category 2 disbursements in accordance with their firm’s published tariff, provided to creditors with this Notice.

6. That the Joint Liquidators be authorised to act jointly and severally in the Liquidation.

7. Whether a liquidation committee should be established if sufficient creditors are willing to be members of a committee and if so, who the creditors’ wish to nominate for membership of the committee.

Access details: If you wish to attend the virtual meeting, please email the following information to info@babr.co.uk or by telephone on 0208 662 6070 by 4pm on 1 September 2020: • Name and address of creditor • Representative name (attendee name) • Relationship with creditor • Telephone number • Email address • Amount due

Entitlement to vote: In order to be entitled to vote at the meeting (either in person or by proxy), creditors must have submitted a proof in respect of their claim to the Convener via the contact details below, by no later than 4pm on 2 September 2020.

Any creditor entitled to attend and vote at the meeting is entitled to do so either in person or by proxy and a form of proxy is enclosed with the letter accompanying this notice. If you cannot attend and wish to be represented at the meeting, a completed proxy form must be delivered to the Convener via the contact details below, prior to the meeting.

Creditors’ committee – nominations: Any nominations for membership of the committee will only be accepted if the Convener is satisfied as to the nominee’s eligibility to be a member of such committee under Rule 17.4 of the Rules. Please note that nominations for membership can also be made on the proxy form accompanying this notice. Under Rule 17.4, a creditor is eligible to be a member of such a committee if the creditor has proved for a debt, the debt is not fully secured and the proof has not been wholly disallowed for voting purposes or wholly rejected for the purpose of distribution or dividend. Please note that a person cannot be a member as both a creditor and a contributory and whilst a body corporate may be a member of a creditors’ committee, it can only act through a representative appointed under Rule 17.17.

Recording of virtual meeting: All virtual meetings of creditors will be recorded (video and/or audio) in order to establish and maintain records of the relevant facts, or decisions that are taken at such meeting. By attending a meeting you consent to being recorded, including possible recordings of your facial image. Where any recording of a meeting also entails the processing of personal data, such personal data shall be treated in accordance with data protection legislation. The virtual meeting may be suspended or adjourned by the chair of the meeting (and must be adjourned if it is so resolved at the meeting).

Complaint in relation to conduct of the meeting: Any person who claims to be an excluded person or attends the meeting and claims to have been adversely affected by the actual, apparent or claimed exclusion of another person, may make a complaint in accordance with Rule 15.38 of the Insolvency Rules. Such a complaint must be made by no later than 4pm on the business day following the meeting, or where the complainant has sought an indication under Rule 15.37, by no later than 4pm on the business day following the complainant receiving the indication.

Appeal of Convener’s decision: Pursuant to Rule 15.35 of the Rules, any creditor may apply to the court to appeal a decision of the Convener. However, an appeal must be made within 21 days of the Decision Date.

Creditor information: A list of the names and addresses of the Company’s creditors will be available for inspection, free of charge, at 257B Croydon Road, Beckenham, Kent BR3 3PS on the two business days immediately before the Decision Date.

Resolution that the Company be wound up voluntarily: The resolution that the Company be wound up voluntarily will be considered by the Members on the Decision Date.

Statement of Affairs: Pursuant to Section 99 of the Insolvency Act 1986, the director of the Company are required before the Decision Date and before the end of the period of 7 days beginning with the day after the day on which the Company passes a resolution for winding up, to make out a statement (in the prescribed form) as to the affairs of the Company and to send the same to the Company’s creditors.

Creditors with a small debt: Any creditor whose debt is treated as a small debt (less than £1,000 inclusive of VAT) must still deliver a proof of debt in respect of their claim with their proxy form if they wish to vote on the Proposed Decisions at the meeting.

Request for a physical meeting: Insolvency legislation also provides that creditors who meet certain thresholds, namely 10% in value of creditors, 10% in number of creditors or 10 creditors, may require a physical meeting to be held to consider the Proposed Decisions. Such a request must be made in writing to the Convener before the Decision Date. To enable the Convener to determine whether a threshold has been met, please also provide a proof with any request.

Contact details: Documents required to be delivered to Kieron Kavanagh, the director (the Convener) pursuant to this notice can be sent by post to Bailey Ahmad Business Recovery, 257b Croydon Road, Beckenham, Kent, BR3 3PS or alternatively by email to info@babr.co.uk. Any person who requires further information may contact Aaron Parks by telephone on 0208 662 6070 or alternatively by e-mail at aaron.parks@babr.co.uk.

Dated: 24 August 2020

Kieron Kavanagh, Convener