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

BirminghamCroydonB3 1UP52.485721-1.90731CR0 4HA51.367827-0.103875Insolvency Act 1986THE INSOLVENCY (ENGLAND AND WALES) RULES 2016the Insolvency (England and Wales) Rules 20162024-04-172024-09-232024-09-26TSO (The Stationery Office), customer.services@thegazette.co.uk471278264526

23 September 2024

NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY REGARDING THE RE-USE OF A PROHIBITED NAME - RULE 22.4 OF THE INSOLVENCY (ENGLAND AND WALES) RULES 2016

HARVEY JONES HOLDINGS LIMITED

(the “Company”) 06134996

Trading Name: also trading as Harvey Jones and other names and styles set out below

Registered office: 79 Caroline Street, Birmingham, B3 1UP

On 17 April 2024 the Company entered liquidation. I, Suhail Rafiq, of Southbridge House, Southbridge Place, Croydon, England, CR0 4HA, was a director of the above-named Company during the 12 months ending with the day before it went into liquidation. I give notice that it is my intention to act in all or any of the ways specified in section 216(3) of the Insolvency Act 1986 in connection with, or for the purposes of, the carrying on of the whole or substantially the whole of the business of the insolvent Company under the following names:

• Harvey Jones Limited;

• Harvey Jones Holdings Limited;

• Harvey Jones Home Limited; and

• Harvey Jones Manufacturing Limited.

And using the trading styles:

• Harvey Jones Kitchens

• Harvey Jones

• Harvey Jones International

• HJ Home

• HJ International

• Harvey Jones Living

• By Harvey Jones

• HJ Interiors

• Harvey Jones Interiors

• Harvey Jones Design

• HJ Design

• Harvey Jones Studio

• Designed by Harvey Jones

• Harvey Jones Furniture

• Made by Harvey Jones

• Harvey Jones Intl

• Harvey Jones Lifestyle

The name under which the business is being, or is to be, carried on which is a prohibited name in respect of the person (myself) as the Company (being Harvey Jones Holdings Limited) has entered insolvent liquidation.

I would not otherwise be permitted to undertake these activities without the leave of the court or the application of an exception created by Rules made under the Insolvency Act 1986. Breach of the prohibition created by section 216 is a criminal offence.

Another company has acquired the whole, or substantially the whole, of the business of the Company under arrangements made by its liquidators, and the Company has a name that would be prohibited should it be used by the acquiring company without providing this notice.

“Rule 22.5 - Statement as to the effect of the notice under rule 22.4(2):

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.”

You do not need to respond to this notice which is provided for information purposes.