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Fernwood boats


r&slambert

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6 minutes ago, r&slambert said:

We have the hull declaration as it was bought as a 2 year old sailaway Andy did the fitout and finish for us we have the stamped numbers which start GB-FWB

But not the paperwork I have called on numerous times his mobile and landline with no answer and written and been to the workshop as it's close to us we even know the guy in the unit next to them who is going to phone If anyone appears

we are not sure what to do next short of breaking in and removing some goods

I know it can't be a good time for the family but a bit of contact wouldn't come a miss

I can see that, but sudden death does leave people struggling to cope. That's why I'm thinking along the lines of getting the boat licensed somehow to create a bit of space until you can extract the RCD paperwork. A lot must depend on whether the company continues trading and that, presumably, won't be resolved until after probate and his estate is settled, which will take a while. I guess that from the family's point of view, your worries will be a long way down their to do list. Are you in touch with his other customers, those who have part completed boats? You might be able to give each other mutual support.

 

When you say removing some goods, are you just referring to paperwork, or is some of your property in there? If so, you need to stake your claim to it pdq. I fear you'd need professional legal advice about that.

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9 minutes ago, r&slambert said:

We have the hull declaration as it was bought as a 2 year old sailaway Andy did the fitout and finish for us we have the stamped numbers which start GB-FWB

But not the paperwork I have called on numerous times his mobile and landline with no answer and written and been to the workshop as it's close to us we even know the guy in the unit next to them who is going to phone If anyone appears

we are not sure what to do next short of breaking in and removing some goods

I know it can't be a good time for the family but a bit of contact wouldn't come a miss

The good thing is at least you have the DOC for the hull and a WIN, I'm sure the rest of the paperwork will be there but due to the recent circumstances it may a while before everything gets back to normal. I take it the owner just passed away and the company was profitable and has not gone into bankruptcy or any other insolvency measures?  

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IMPORTANT QUESTIONS -

1) Have you paid 100% for the boat, or, is there still an outstanding balance ?

2) Do you have possession of the boat, or is it still within the builders shed / yard ?

 

If you have already taken delivery and paid in full then the boat is yours and you should not need the RCD, (although it was illegally sold to you) unless you try to sell it within 5 years, (if you do you are then committing an offence).

If the boat has money outstanding or it is still in the ownership of the builder than he (or the estate) cannot 'sell it' to you without the full RCD compliance certificate, manual etc etc etc. and you will need to start a claim for recovery of your monies paid, or the issuing of the correct documentation.

 

Don't wait - get on with some action before the money runs out as other creditors put in their claims.

  • Greenie 1
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At the present time, the company is still listed as active at Companies House with just the one director, namely Andy. He held 750 of the 1000 shares, with the other 250 held by Francesca who resigned as a director last year.  The company appeared to be trading ok at Crick, but of course who can tell.

 

Until the estate is proved or administered, not much can happen, I would guess.

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1 hour ago, r&slambert said:

At least we have our boat  there are at least 3 boats that I can see still in build it's a shame as the men doing the work were very pleasant

and did a cracking job Andy on the other hand was how shall I say it economical  with the truth

Have you got a bill of sale or proof the boat is yours and final payment has been paid?  I take it the owner just passed away,  so maybe it will back up and running in a while and all will be sorted, or is there something else happening that the other boats in build owners should be worried about?

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But what I can gather the owner sadly died, so the business could continue to operate, either run by his family or employees until a new owner/investor can be found and if not the boats in build completed and the business closed, or are there other thing a foot?

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8 hours ago, PD1964 said:

But what I can gather the owner sadly died, so the business could continue to operate, either run by his family or employees until a new owner/investor can be found and if not the boats in build completed and the business closed, or are there other thing a foot?

We just don't know but the OP says the works are shut up with no one present which doesn't bode well.

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9 hours ago, PD1964 said:

But what I can gather the owner sadly died, so the business could continue to operate, either run by his family or employees until a new owner/investor can be found and if not the boats in build completed and the business closed, or are there other thing a foot?

When Steve Hudson died suddenly the business died with him with boats unfinished.  I think that was because of the way it had been set up. 

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3 hours ago, starman said:

When Steve Hudson died suddenly the business died with him with boats unfinished.  I think that was because of the way it had been set up. 

That's right, the business was his personal property. Fernwood is a conventional private limited company with 1000 shares, whoever owns the shares owns the company and appoints the directors. It will continue to exist until wound up one way or another.

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  • 1 month later...

After a little faffing around I found the gazette website.

The petition reads:

 

Petitions to Wind Up (Companies)

In the County Court at Peterborough

No 62 of 2018

In the Matter of FERNWOOD BOATS LIMITED

(Company Number 08263142)

and in the Matter of the INSOLVENCY ACT 1986

A Petition to wind up the above named Company, Registration number: 08263142 of 9 Great Chesterford Court, London Road, Great Chesterford, Essex, CB10 1PF presented on 30 July 2018 by Francesca Munro of Unit 2c, Sewstern Industrial Estate, Gunby Road Sewstern, Grantham, Lincolnshire, NG33 5RD, a creditor of the Company, will be heard at the County Court at Peterborough, Cambridge Hearing Centre, 197 East Road, Cambridge, CB1 1BA: 

Date:  24 August 2018

Time:  14:00

(or as soon thereafter as the Petition can be heard)

Any person intending to appear on the hearing of the Petition (whether to support or oppose it) must give notice of intention to do so to the Petitioner or her solicitors in accordance with rule 7.14 of the Insolvency Rules 2016 by 1600 hours on 23 August 2018.

The Petitioner’s solicitor is Isadore Goldman, 54 Fenchurch Street, London EC3M 3JY (MUN002/1).

Dated 15 August 2018

 

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49 minutes ago, George and Dragon said:

After a little faffing around I found the gazette website.

The petition reads:

 

Petitions to Wind Up (Companies)

In the County Court at Peterborough

No 62 of 2018

In the Matter of FERNWOOD BOATS LIMITED

(Company Number 08263142)

and in the Matter of the INSOLVENCY ACT 1986

A Petition to wind up the above named Company, Registration number: 08263142 of 9 Great Chesterford Court, London Road, Great Chesterford, Essex, CB10 1PF presented on 30 July 2018 by Francesca Munro of Unit 2c, Sewstern Industrial Estate, Gunby Road Sewstern, Grantham, Lincolnshire, NG33 5RD, a creditor of the Company, will be heard at the County Court at Peterborough, Cambridge Hearing Centre, 197 East Road, Cambridge, CB1 1BA: 

Date:  24 August 2018

Time:  14:00

(or as soon thereafter as the Petition can be heard)

Any person intending to appear on the hearing of the Petition (whether to support or oppose it) must give notice of intention to do so to the Petitioner or her solicitors in accordance with rule 7.14 of the Insolvency Rules 2016 by 1600 hours on 23 August 2018.

The Petitioner’s solicitor is Isadore Goldman, 54 Fenchurch Street, London EC3M 3JY (MUN002/1).

Dated 15 August 2018

 

I guess that answers the OPs question and he won't be getting his RCD paperwork.

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Its a shame, but there again if he had died, then not surprising if the family can't continue. Hopefully full details of boats already completed should be there ie. RCD, but regards any RCD work still outstanding, whereas the customer has the boat. Then really its just a case of finding someone else to do the work now and pay that yourself.

 

For other's with boats in there, it will be an idea to try and gain access to claim a boat as yours, some recievers will not think twice to sell boats that are there off to others, to raise more money, especially for receivers fee's. So get in and claim a boat, you'll need to explain how you know that boat is yours pics, extras, stage payment invoices etc, if there are no markings, ie, hull number etc.

But once claimed you have a better chance of getting it back, as it would have to go to court for them (receivers) to try selling it IIRC.

Edited by 70liveaboard
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On 05/07/2018 at 19:45, BruceinSanity said:

Does your boat date from before or after Ken and Julia sold it to the present owner? Ken is definitely still around, he now works with Jonny Wilson on Finesse boats (and it shows). It must be four years since they sold it, so if it's earlier, you'd need a BSS now anyway. Don't know anything about the new owner. You could try a PM to adam1uk of this parish: https://www.canalworld.net/forums/index.php?/profile/706-adam1uk/, he knows the boat building scene very well.

Do you have details concerning Ken & Julia, for instance a surname, when they bought the company, what period they owned it: from-to ?

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On ‎12‎/‎07‎/‎2018 at 16:31, BruceinSanity said:

 At the present time, the company is still listed as active at Companies House with just the one director, namely Andy. He held 750 of the 1000 shares, with the other 250 held by Francesca who resigned as a director last year.  The company appeared to be trading ok at Crick, but of course who can tell.

 

Until the estate is proved or administered, not much can happen, I would guess.

It appears to be that Francesca Munro is a creditor And it is she who and has commenced legal proceeding to wind up the company

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1 hour ago, 70liveaboard said:

For other's with boats in there, it will be an idea to try and gain access to claim a boat as yours...

^^^^ this.

 

It’s important that any creditor (and the owner of a paid-for part-built hull would be included in that description) contacts the receiver asap. 

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2 hours ago, 70liveaboard said:

Do you have details concerning Ken & Julia, for instance a surname, when they bought the company, what period they owned it: from-to ?

I’m afraid I don’t, only know them from meeting at Crick Shows. But Ken now builds for Jonny Wilson at Finesse Boats, so contacting Finesse would probably put you in touch. Andy Munro registered Fernwood Boats in 2012, so presumably that’s when he bought it from Ken and Julia who had, AFAIK, started it.

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21 minutes ago, BruceinSanity said:

I’m afraid I don’t, only know them from meeting at Crick Shows. But Ken now builds for Jonny Wilson at Finesse Boats, so contacting Finesse would probably put you in touch. Andy Munro registered Fernwood Boats in 2012, so presumably that’s when he bought it from Ken and Julia who had, AFAIK, started it.

Thanks, but I have it now.

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