Dear ipagoo customers,
Recent communications
You may have recently received an email from an organisation seeking to form a
creditors’ committee. Please be aware that that communication was not sent by the Joint Administrators, nor do they endorse its content. The Joint Administrators are concerned at the manner of the communication and the disclosure of individual email addresses.
The communication is factually incorrect. The Joint Administrators have no desire to close down ipagoo LLP. The statement indicating that nobody knows what has happened to client funds, in particular, is simply untrue. The Joint Administrators have undertaken a comprehensive and focussed reconciliation exercise to determine the aggregate of client funds and balances held by each client.
In order to allow a distribution of client balances, the Joint Administrators will obtain a court order approving the process. As part of seeking that order, the Joint Administrators will have to demonstrate to the court that proper information regarding balances has been obtained and those balances reconciled against ipagoo’s records. That is the very opposite of the disappointing and unfortunate statement made in the communication you may have received.
Progress of the administration
The Joint Administrators continue to work to the timetable previously advised. By way of update, the reconciliation is substantively complete and the necessary court documents have been prepared. These are subject to some final approvals, after which the Joint Administrators plan to file their application at court in order to obtain a suitable hearing date. The date of the hearing will depend on the court’s procedures and the availability of a suitable judge, but the Joint Administrators will, as far as they are able, request an urgent hearing of the application. Subject to the variable factors, the Joint Administrators still envisage obtaining a court order by the end of Q1 2020.
Please find attached a list of frequently asked questions which have arisen over the course of the administration and which we hope will be useful to you.
Creditors’ committee
For your information only, a creditors’ committee under the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016 may be established by invitation from the Joint Administrators, either (i) when they are seeking creditors’ approval to the administration proposals (note that a creditors’ committee in respect of the administration of ipagoo was not formed at that stage), or (ii) at any other time when the Joint Administrators seek a decision from creditors. There appears to be no independent right for creditors to requisition a decision to establish a committee. However, the Joint Administrators will seek to engage with and consider the views of any informal creditors’ committee formed at any other stage, notwithstanding the fact that it may not amount to a formal creditors’ committee under the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016.
Communicating with the Joint Administrators
Finally, please do not be concerned if you have not received the email referred to above, regarding forming a creditors’ committee. If you have previously received a letter from the Joint Administrators regarding your account balance and not responded to either confirm or dispute the balance, please respond at your earliest convenience. Otherwise, you do not need to reply to this email.
Yours sincerely,
For and on behalf of Jason Baker
Joint Administrator
Ipagoo LLP