Initial Notices and Letters (ISCIS)

Key

Initial Notices and Letters (ISCIS)

August 2010

Introduction

1.  What are the initial notices?

As the name suggests, the initial notices are the first official letters sent out by the official receiver to interested parties, notifying them of the insolvency order and the official receiver’s involvement in the proceedings. They vary in format but all of them must be issued promptly, in the majority of cases within 24-48 hours of the order being made (where practically possible).

2.  To whom are they sent and why?

(amended August 2012)

They are sent to a whole range of organisations, such as: district judges, Bailiffs, High Court Enforcement Officers, local authorities and various other interested parties, e.g. regulatory, professional or licensing bodies, so that they can note their records accordingly and put their own procedures for dealing with insolvencies into operation. A detailed list of interested parties, including the provision of information for creditors in other European Union states, can be found at Technical Manual Chapter 4 parts 8 and 9. The list of organisations outlined is not exhaustive however and the official receiver should use his/her judgement to decide if immediate notice should be issued to any other parties.  These organizations should be entered onto the ISCIS under the ‘Linked Parties’ tab.  These organisations will usually be centrally maintained contacts within the party search function (See parties protocol which is available on the ORBS intranet pages). A list of managed parties is available on the intranet. 

3.  What happens when an insolvency order is made on a creditor’s petition?

The Petitions and Transfer Team are responsible for monitoring petitions originating in the High Court and its district registries and allocating the insolvency cases to the different official receiver’s offices once an insolvency order has been made.  A member of the official receiver’s staff from the Petitions and Transfers Team will attend the hearing of company petitions at the High Court which is normally held every Wednesday.

The winding-up orders made are recorded on ISCIS by P&T and then transferred to the appropriate office where it will appear in the workflow list of any staff member assigned to the allocations user group of the receiving office. The relevant official receiver (the receiving office) is determined by the company's trading address (where provided) or in the absence of this information by reference to the last registered office. The Receipts Payments and Petitions Team of Estate Accounts Services (EAS), HQ Birmingham are responsible for entering information of all deposits received onto ISCIS Financials. Each official receiver’s office will have  procedures in place to ensure that once a case has been received by that office the case is promptly allocated to the appropriate staff within that office on ISCIS (‘Roles’ tab).

If an insolvency order is made following a creditor’s petition presented in a local court, the court should notify the official receivers office of the making of the order as soon as practically possible.  As soon as the official receiver is satisfied that an order has been made details of the insolvency should be entered onto ISCIS (‘Case Header’ tab).  The local official receiver will have procedures in place to ensure that all creditor’s petition cases heard in the local courts in their area will be monitored.  Once notification of a creditor's petition bankruptcy or winding-up order has been received, enquiries into the affairs of the bankrupt/company/partnership must begin immediately. This early stage is known as ‘initial enquiries’. For more information on this subject please refer to the Case Help Manual part: Initial Enquiries.

4.  What happens when a bankruptcy order is made on a debtor's petition?

The court is required to give the official receiver prompt notification of the making of a bankruptcy order, this will normally be done by fax.

In cases where a bankruptcy petition was presented on or after 1 April 2004, debtors presenting their own petition are required to complete a comprehensive statement of affairs which is filed at court.  Once the case has been entered onto ISCIS the official receiver must contact the bankrupt to obtain essential information pending the arrival and initial review of the debtor's statement of affairs.  This procedure is known as "initial contact" and will replace initial enquiries in debtor's petition cases only. For more information on this please refer to the Case Help Manual part: Initial Contact in Debtor's Petition Cases.  Any statement of affairs received should be entered on ISCIS (‘Data Store’ tab).

5.  Checking details of the order 

Care has to be taken when recording details of the order as the official receiver will be liable for any errors made in advertising the order.  Details of the order should be checked carefully (with the contents of the petition where available) to ensure complete accuracy. For instance, the company name must be identical to that which is registered with Companies House (including punctuation and abbreviations) and bankruptcy descriptions must never include:

  1. an incorrect name, address, or trading style;
  2. a prison address;
  3. a limited company’s name;
  4. a third party’s name (unless also bankrupt), or
  5. the current address where an order has been made to withhold that address under the ‘persons at risk of violence’ provisions (see part 6 below)

6.  Persons at risk of violence

In cases where the bankruptcy petition was presented on or after 6 April 2010 a court order can be sought to limit the disclosure of a bankrupt’s current address where such disclosure might put an individual at risk of violence.

The debtor (this includes a bankrupt or a former bankrupt who is subject to a bankruptcy restrictions order or undertaking), official receiver, trustee or the Secretary of State may apply to the court for the debtor’s current address, and any address at which the debtor currently carries on business to be omitted from specified documents, if they believe that disclosure may lead to violence against the debtor, or persons that reside with them as family members. The court may order that the debtor’s current address(es) be removed from the court file, the bankruptcy order, the title of the proceedings, any gazette notice or advertisement and the entry on the individual insolvency register.  The Court may additionally specify what address details should be included in these documents e.g. any previous addresses where the debtor resided or carried on business.

Such an order is likely to be obtained at the time the bankruptcy order is made or very shortly afterwards. Care must be taken to act upon the order as a matter of urgency. Depending on the terms of the order action may include updating ISCIS to show that the address is to be withheld (tick box on the ‘Case Header’ tab) and amending the description of the bankrupt (ISCIS ‘Vetting and Interviews’ tab). If a gazette or advertisement, containing the current address which is ordered to be removed, has already been requested but not yet published, immediate steps should be taken to stop publication and ISCIS amended to show that the advert has been retracted (‘Docs’ tab> gazetting history).   

7.  Allocation of the case

Every order that is made will be allocated to an examiner and a case officer using a system appropriate to each local office.  Cases are allocated using the ‘Roles’ tab within ISCIS.  Staff will be able to view their current cases by selecting ‘My Cases’ from the ‘Cases’ menu.  

8.  Gazetting and Advertising

Once a winding up or bankruptcy order has been made, the official receiver is required to have a notice published in the London Gazette, unless there is a relevant stay in place (see CHM part Annulments, Rescissions and Recalls). The notice in the London Gazette is prepared locally (‘Docs’ tab> gazette history) and forwarded electronically via the Finance and Data Management Team in Birmingham. This process is known as ‘gazetting’.

There is no automatic requirement that the relevant notice be published in any other place, for example in a newspaper, as was the case prior to the Rule changes in April 2009, this decision is left to the official receiver or other office-holder. It usually follows that where publication in the Gazette is a requirement, the official receiver (if responsible for the publication) may also advertise the matter in such other manner as he or she ‘thinks fit’. This is known as ‘discretionary advertising’.

For more information see Case Help Manual part – Publication of insolvency information.

9.  Companies House 

Companies are required to file certain documents with the Registrar of Companies and these documents will include such information as the date of incorporation, registered office address, objects (found in the articles of association), names and addresses of the company’s officers and accountants, etc.  All official receivers’ offices have direct access to Companies House computer database where the details are stored. When a winding-up order is made, the official receiver may access Companies House direct to acquire the relevant preliminary information of an insolvent company.  Details of the companies officers should be entered via the ‘Officers’ tab on ISCIS for the relevant company case.  The trading information about the company should also be entered onto ISCIS, (‘Trading/COI’ tab).

10.  Individual Insolvency Register

Certain case details recorded on ISCIS are downloaded to the Individual Insolvency Register (IIR).  When a new case is entered the party search function must be used, this will eliminate the need to carry out a search of the IIR.  This is because the party search function requires the user inputting the new case details to check that the party is not already on the system.   Any findings should be reported to the B1/examiner dealing with the case.  See the ‘Case Creation’ and ‘Parties’ protocols (available on the ORBS intranet pages) re the use of individuals names.

11.  Disqualification Checks

It is standard practice following the making of a winding-up order, to check if a company officer is or has been disqualified from acting as a director. Disqualification checks may be made with Companies House, which is responsible for maintaining the Register of Disqualified Directors. The register records details of all current disqualification orders made in England and Wales.  This information should be entered onto ISCIS under the officer’s tab for the particular case, against the relevant party.  In the future the ‘Load officers details’ button on the ‘Officers’ tab will become functional and will pull the information from Companies House Online.  Staff will be made aware when this service is available.

Bankrupts should only be checked against the register when there is good reason to suggest that the search will reveal something useful. 

Checks are made using the Companies House computer database, by selecting “director/secretary based enquiries” from the main menu and then selecting Disqualified Directors. Once the name is typed onto the screen, details of any disqualification order against the individual are displayed. There is no charge for this service. 

12.  Notification to High Court Enforcement Officers and Court

High Court Enforcement Officers (formerly known as Sheriffs and Under-Sheriffs) may accept instructions to act in any part of the country where they have chosen to carry on business. Consequently, there is no certainty about exactly which High Court Enforcement Officer (HCEO) will hold any High Court writ of execution. They have a central register and database, ‘NICESheriffs’ containing information relating to the execution of High Court writs. Registry Trust Limited are the owners of the ‘NICESheriffs’ database, to which The Insolvency Service (The Service) forwards, by electronic notification, details of all insolvency orders made. There is no need to routinely forward by send form NTSH, ISCIS (‘Docs’ tab) ‘Notice to sheriff ‘

Upon notification of the making of the order the HCEO will hold any goods still in their possession to the order of the official receiver or, where the goods have been sold, will hold the sale proceeds to the official receiver’s order. In return, their costs incurred in levying execution are a first charge on the proceeds of the sale. 

For cases where the petition was presented before 6 April 2010 it has been agreed with Registry Trust Limited that if the electronic notification will not be accepted as the appropriate notification by the relevant HCEO, the ‘NICESheriffs’ system will generate an alert to Registry Trust Limited. The official receiver will then be requested to send form NTSH, (‘Docs’ tab) to the HCEO acting in the execution. In that way goods and money will be preserved for the insolvency estate. The address for delivery of written forms NTSH is, NICESheriffs, Registry Trust Limited, 173-175 Cleveland Street, LONDON, W1T 6QR, or DX 137592, EUSTON 4 DX.

For cases with a petition presented on or after 6 April 2010 the amended rules make it clear that the electronic notification to NICEsheriffs is sufficient notice.

The bailiff of the county court for all areas in which the bankrupt/partner is known to have carried on business or resided in the last six months should be sent form NTSH, (‘Docs’ tab)  accompanied by a schedule of executions levied form. The schedule should be completed and returned by them to show whether any goods/monies were seized on behalf of a judgment creditor over which the official receiver may have a claim.  

13.  Notice to HM Land Charges Department, Plymouth

(April 2010)

In accordance with the Insolvency Rules, statutory form 6.26 (Application for registration of a bankruptcy order against an individual under the Land Charges Act 1972) must be sent to the Chief Land Registrar as soon as possible after the making of the bankruptcy order. This is produced using form LRRABO, (‘Docs’ tab). The Land Charges Department should record the bankruptcy order in the register of writs and orders and confirm registration by sending an acknowledgement to the official receiver quoting a WO (B) number.

HM Land Charges Department (LCD) should then inform the Land Registry of the making of the bankruptcy order.  The Land Registry is then responsible for entering a bankruptcy restriction against any property solely owned by the bankrupt in the properties title register.  For more information on this subject please refer to the Case Help Manual part: Freehold property: Solely owned - Registration of a bankruptcy restriction.

The official receiver must also inform the LCD of any subsequent amendment to the description or title of the proceedings, by completing a LRRABO form confirming the new details to be recorded in the register. For more information on this subject please refer to the Case Help Manual part: Application to Amend Description.

Please note that a notice will not normally be sent to the Land Registry in the case of a winding-up order.

14. Notice of Winding-up order to Companies House

(Amended September 2011)

Insolvency legislation requires the official receiver to notify the Registrar of Companies of any winding-up order made. However this does not apply to unregistered companies, friendly societies, or partnerships, please refer to notes: a and b.

The official receiver should receive three sealed copies of the winding-up order from court.  One of the orders should be forwarded to the registrar of companies, using form NOTCH (Official Receiver’s Notice of the making of a winding-up order).  Another order should be served on the company by first class post using form NCWUO (Notice to company of making of a winding-up order).  The address for service is the company’s registered office (if any) or where the company does not have a registered office the order should be served on the principal or last known place of business.

The final copy should be retained by the official receiver on the office file.

A certificate of postage should be completed (see forms to use).

Where the official receiver has received only one copy of the winding-up order from the court, it has been agreed with Companies House that they will accept a copy of the sealed order but only if it is a good copy and the seal is legible.

15. Letter to director

(amended August 2012)

The official receiver should send form NTCO (Notice to Company Officers) to the director(s) of the company. The letter may be sent to Company Officers where their attendance is or is not required by the official receiver. Where the director’s attendance is required an appointment date and time should be specified in the letter.  Where a member of the official receiver’s staff has already spoken to the officer, the appointment may have already been made for a mutually convenient time and the letter will serve as written confirmation. Otherwise, the appointment can be made at a time to suit the official receiver’s staff.  Details of appointment dates and times should be entered under the ‘Vetting and Interview’ tab within ISCIS.

The appointment letter should include the preliminary information questionnaire (PIQC), an extract of section 216 of the Insolvency Act 1986, an ethnic monitoring form and a map showing the location of the official receiver’s office, details of parking facilities and the nearest public transport. The appointment letter informs the director that the leaflets “A guide for directors” and the “Insolvency Service Charter” can be downloaded from our website. If the director requests hard copies of the leaflets these should be provided.

The letter is also appropriate where it has been decided that the officer’s immediate attendance is not required at this point in time but may call upon him/her to attend at a future date.

16. Letter and enclosures to bankrupt

(amended February 2014)

The package BKTINITIAL should be sent to the bankrupt as soon as practically possible. The BKTINITIAL is a combined package including forms:

1. NTB1 - standard interview letter for telephone, face to face and no interview cases  

2. NTB2 - notice setting out duties and responsibilities of an undischarged bankrupt.

3. TNIDIS – tax and national insurance disclosure authority

4. DPADA – data protection act disclosure authority

5. EMF – ethnic monitoring form

The NTB1 can be adapted for telephone, face to face and no interview appointment letters. The face to face appointment letter should also include either the PIQB or PIQDP (debtor’s petition cases).

The LIC letter that should be issued when the bankrupt has been seen at court or at the office immediately after the making of the bankruptcy order is not part of the BKTINITIAL package. Each of the combined documents can be generated separately under their own respective titles.    .       

Details of the appointment should be entered on ISCIS (‘Vetting and Interview’ tab).  

The following must also be given either personally or sent to the bankrupt:

1. Customer comment card.

2. A copy of the bankruptcy order (unless, in a debtor’s bankruptcy, the bankrupt has already received a copy at court).

The appointment letter informs the bankrupt the leaflets a “Guide to Bankruptcy” and the “Insolvency Service Charter”, which explains the expected standards of service, can be downloaded from our website. If the bankrupt requests hard copies of the leaflets these should be provided. In creditor petition cases and most type 2 bankruptcies the letter should also include a map showing the location of the official receiver’s office, details of parking facilities and public transport information.

The official receiver is required to give or send a copy of form NTB2 and an acknowledgement form to the bankrupt, the purpose of which is to ensure that he/she is aware of a number of duties and responsibilities required. The form also points out the bankruptcy restrictions which must be observed until discharge is obtained and provides internet links to parts of the legislation which apply to the bankrupt. The bankrupt must sign, date and have witnessed the acknowledgement form and this must be returned to the official receiver. The actual NTB2 form should be kept by the bankrupt.  This form is significant as it informs the bankrupt of the various bankruptcy offences and of his/her duty to disclose after-acquired property. Should the bankrupt subsequently commit any bankruptcy offence, the signed acknowledgement form is evidence that the bankrupt has been served with the form and should therefore be aware of the bankruptcy constraints.  

17.  Letter and enclosures to partners

The main partner in each partnership should be given responsibility for completing form L75.05, the partnership preliminary information questionnaire. This is in addition to those partners who have been made bankrupt being required to complete a separate bankruptcy preliminary information questionnaire, form B40.01. Notice of the order to partners may be adapted to suit the type of partnership that is being dealt with, e.g. form NTCO (Notice to Company Officers) may be amended to accommodate a partnership in liquidation. The appropriate bankruptcy forms should be used for those partners who have been made bankrupt.

18.  Local utilities other than water services – notice not normally required

There is no longer a monopoly operating for the supply of gas, electricity and telephone services, to any premises. The providers of these utilities are now private companies and in most areas of the country there are multiple service providers, i.e. those who can supply both electricity and gas to premises, etc. This makes it difficult in the early stages of a case to identify which supplier dealt with the insolvent.

There is no reason why the utilities should be treated in a different manner to any other trade creditor. As such they should not receive notification of the insolvency order prior to the report to creditors being dispatched, unless there are special circumstances, such as the continuation of a business or where complete information is received with account numbers, addresses, etc.

19.  Water supply – water supply company

In many areas of the Country the provision of water services is still limited to a very small number of companies.  Those companies would usually form part of the standard notices package used by official receivers.  Some areas have two water companies operating – one for the supply of fresh water and the other for the removal and treatment of waste water.  Notice should be issued to the appropriate water supply companies as soon as the relevant information (such as account numbers and/or addresses) is available.

In case of doubt the contact details of water supply companies in the UK are available at:

www.water.org.uk/.../water-operators  

20. Notice to government departments (amended September 2012)

The Insolvency Claims Handling Unit within HMRC deals with claims in insolvency proceedings relating to both tax and National Insurance. Details of new cases are automatically sent to the HM Revenue and Customs (HMRC) Insolvency Unit at Longbenton. The data is collected 4 days after it has been input onto ISCIS and is sent automatically to HMRC on Monday, Tuesday and Friday. Thus, it is essential that the case name, full description, company registered office and bankruptcy descriptions are entered onto ISCIS accurately and as quickly as possible. It is not necessary to send a paper copy of the information.

Where the bankruptcy/company/partnership is registered for VAT, the VAT number should be added to ISCIS as soon as possible.  HMRC require form 'VAT769' (notification of insolvency), which is available HERE to be sent via email as soon as possible to insolvencyhelpdesk@hmrc.gsi.gov.uk quoting the VAT number.  Form VAT769 should not be sent until the information in questions 1 to 6 is available. No accompanying letter is necessary. Correspondence received without a VAT number will not be actioned and will be returned to the official receiver.

21. Trade Classifications

Details of the insolvent’s occupation or business must be recorded on ISCIS by using the ‘Trading/COI’ tab for the particular case, this will be completed according to local practice (usually be completed by the examiner) A  list of the trade categories and their appropriate code numbers are selected by using drop-down boxes. The trade classification is the only profiling statistic currently published by BIS Statistics Directorate.  Trade classifications are the second most sought after figure (the first being numbers of new cases). Calls for this information are received from various parts of the world as the analysis of these statistics are used worldwide to predict trends, forecasts, etc. It is therefore imperative that they are recorded correctly.

22. Re-direction of mail

Upon the making of a winding-up order, the official receiver should instruct Royal Mail to re-direct the company’s mail to his/her address, except where an administrative receiver or liquidator (in office) requests otherwise. Initially the re-direction should be for a three month period. A separate request must be made for every address (e.g. both the registered office and any trading addresses) together with a separate one for any trading name at each address. See Technical Manual Chapter 3 paragraph 3.45 where re-direction is not possible or there are multiple occupancy premises.

Official receivers should request mail re-directions either by completing the Royal Mail's re-direction form and/or completing form REDLPO.

The request should then be sent directly to: 

The Royal Mail Redirection Centre

Trent House

Media Way

Stoke on Trent

ST1 5ST 

who will then invoice the Service centrally, the costs for redirection of mail being covered by the Administration fee.

If the official receiver wishes to re-direct a bankrupt’s mail, he/she must firstly obtain a court order before doing so. Details of the procedure for dealing with this are set out in Technical Manual Chapter 13 part 9 paragraphs 13.88 - 13.96

22.A Re-direction of Post Service Provided by TNT.

(September 2014)

TNT is now delivering post in Manchester, Liverpool and some areas of London. TNT cannot re-direst post but if they are notified by the official receiver that there is a re-direction in post for that address they will divert all post for that address into the Royal Mail delivery system. This is known as an “extraction service”. TNT deliver and the extraction service is available for addresses in the following postcodes;

London: E, EC, W, WC, and SW prefix

Harrow: HA and NW prefix

Manchester: M prefix

Liverpool: L prefix     

When an application is made for the extraction service, TNT will remove the address from their service area and divert all post for that address to Royal Mail who will deliver in accordance with the re-direction.

There is no charge for the TNT extraction service. In areas in which TNT deliver post a re-direction from Royal Mail should be requested using the ISCIS word template REDLPO-COY/BKY. Once the REDLPO-COY/BKY has been sent out the ISCIS Word template TNTES (TNT Extraction Service) should be completed requesting the extraction service on the same address and e-mailed to tntpostdelivers@tntpost.co.uk. TNT will arrange the extraction within 15 days of the request.

 

Notes:

  1. The OR should not notify Companies House of a winding-up order that has been made against a partnership.
  2. Where a friendly society or industrial and provident society has been wound up, the OR should send notification of the order to the Registrar of Friendly Societies.
  3. All notices, letters etc. sent by the official receiver concerning the winding-up should clearly indicate that the company is in liquidation. Letters should begin RE: X LIMITED (IN LIQUIDATION).
  4. Where a bankruptcy order is made against an individual who is seeking asylum, there is no statutory requirement for the official receiver to notify the Home Office. However, the Asylum and Policy Directorate of the Home Office have indicated that they would like to receive notification of the bankruptcy order and this should be sent to: The Manager, Document Management Centre, ICD, IND Lunar House, 40 Wellesley Road, Croydon, Surrey, CR9 2BY

Where can I find out more?

Technical Manual

Chapter 3 Initial Procedure when a winding-up order is made

Chapter 4 Initial Procedure when a bankruptcy order is made

Case Help Manual

Parts:

Application to Amend Description 

Cross Border Insolvency – European Union

Freehold Property: Solely owned - Registration of a bankruptcy restriction 

Initial Enquiries 

Initial Contact in Debtor's Petition Cases 

Publication of insolvency information

Insolvency Rules

Rule 4.21 Transmission and advertisement of winding-up order 

Rule 6.34 Action to follow making of an order

Rule 6.46 Action to follow making of an order 

Rule 6.235(B) Persons at Risk of Violence

Rule 12.19(2) Notice to enforcement officer (cases with insolvency petition before 6 April 2010)

Rule 12A.28 & Rule 12A.29 Notice to enforcement officers (petition on or after 6 April 2010)

Rule 12A.1 – 12A.15 The giving of notice and supply of documents

Insolvency Act 1986

  Sections    
  130(1) Copy of winding-up order to registrar
  184 Duties of enforcement officer
  188 Notification that the company is in liquidation
  233 Supplies of gas, water, electricity, etc. (company)
  346 Enforcement procedures
  372 Supplies of gas, water, electricity, etc. (bankruptcy)

Technical Notices:

T47-06 High Court Enforcement Officers and a change to the way that insolvency notices are sent to them'

T36-05 Introduction of revised procedures for dealing with debtor's petition cases

T26-04 The filing of restoration and winding-up orders at Companies House

T3-04 Revision to debtor's bankruptcy petition statement of affairs and preliminary information questionnaire

Management Notices:

M14/04 Procedure relating to the filing of winding-up orders with Companies House

M24/03 Inland Revenue (Consolidation of previous notices)

M70/02 Notification of winding-up orders

ISCIS Protocols:

Case Creation

Case Instructions & Notes

Parties

Gazetting & Advertising

Local Management Issues

Communication with Petitions & Transfers

Linked Cases

Data Store

Forms to be used: 

L72.12  Gazette Notice – Winding-up Order

B37.17  Gazette Notice – Bankruptcy Order

B37.34  Gazette Notice – Bankruptcy Order (Creditor Petition Partnership case)

B37.35  Gazette Notice – Bankruptcy Order (Debtors Petition Partnership case)

L72.23  Gazette Notice – Winding-up Order (Partnership case – Corporate member)

L72.24 Gazette Notice - Winding-up Order (Partnership case Partnership)

ICON          -  Initial Contact Form

LCAD          -  Letter covering advertisement

LIC             -  Letter where bankrupt has been seen at court or in the office

LNI             -  Letter to bankrupt no interview

LRRABO      - Land Registry, register BO or amend registration

NFN3          -  Notice for Newspaper (WUO) (Word Template)

NFN1          -  Notice for Newspaper (BO) (Word Template)

NFN 4         - Notice for Newspaper (Company Partnerships) (Word Template)

NORD1       -  Notice of insolvency order (BO)

NOTCH       -  OR's Notice to Registrar of Companies

NTCO         -  Notice to Company Officer

NTCWUO    -  Notice to Company of making of winding-up order

NTB1          -  Notice to bankrupt 1

NTB2          -  Notice setting out bankruptcy restrictions

NTSH         -  Notice to Sheriff

ORD1        -  Notice of winding up order

PSOL         -  Notice to Petitioning Creditors Solicitors

REDLPO     -  Re-direction, Letter to Post Office

 

Initial Notices and Letters Flowchart 

 

Procedure

ISCIS tabs that must be used to record/view information are given in brackets, e.g. (‘Cases Header’ tab).

1. Receive details of a bankruptcy or winding-up order made from the court or in the matter of a case transfer, from Petitions and Transfers Team and follow the procedure outlined in the Case Help Manual part: Initial Enquiries. If the bankruptcy order was made on a debtor's petition please follow the guidelines in the Case Help Manual part: Initial Contact.

2. Allocate or have allocated the case to an examiner and case officer. Record the allocation details on ISCIS (‘Roles’ tab).

3. Check the details of the order (with the petition where available) are correct. If there are any discrepancies refer the matter immediately to your B1 or examiner.

Bankruptcy

4. Ensure that the description does not include the names of any third parties, limited companies, or prison address, and that it complies with any order made under the victims of violence provisions (see introduction, paragraph 6 above).

Company

5. Give details of the winding-up order to the person responsible for accessing Companies House Information System, they will obtain the following:

  1. the CRO number
  2. directors’ names and addresses
  3. confirmation that the company has not been dissolved or has not been previously wound-up

6. If the company has been dissolved or has been the subject of a previous winding-up order, refer the matter immediately to the examiner for their attention. Take no further action other than their instructions.

7. Check each company officer’s name with the Register of Disqualified Directors at Companies House. Bankrupts should only be searched using this service upon request from the examiner. To do this access Companies House Information System:

  1. select “director/secretary based enquiries” from the main menu,
  2. choose “disqualified directors”, and
  3. enter the relevant name.

8. Print any findings connected to the individual and refer to the examiner.

9. Record full details of the order on ISCIS (‘Case Header’ tab).  For company cases  enter the company officer information on ISCIS (‘Officers’ tab) including address and appointment details. Add any aliases or other addresses in the appropriate field. 

10.

  1. Input case details on ISCIS (‘Case Header’ tab) including full description (in bankruptcies).
  2. Add details of the parties who require notice of the insolvency (‘Linked Parties’ tab)
  3. Go to ‘Docs’ tab and select Generate Documents.
  4. Enter the name of the document to be sent and follow the on screen instructions.
  5. Select appropriate addressees.
  6. Select Submit

Trade Classification

11.

  1. Go to Trading information (‘Trading/COI’ tab).
  2. Select ‘Add trading details’. Enter the trading details in the boxes provided then select ‘finish’
  3. From the same trading screen select ‘update’.  On this screen you are able to enter the trade classification using drop-down boxes.  

Note: Do not select the ‘Non Surrender’ classification unless absolutely necessary.  

CRO number

12. Complete company number in appropriate field (‘Case Header’ tab).

Appointment and preliminary examination

13. Details of any appointments/interviews booked must be entered on the case ‘Vetting and Interview’ tab.  With companies it is important that ISCIS is updated to show the correct interviewee (‘Vetting and Interview’ tab).

Letters to bankrupt/company director/partner, London Gazette and advertising agents

14. Prepare the Gazette notice using the ‘Docs’ tab in ISCIS.  Within this tab select ‘Gazette history’.  When the correct notice has been selected and the finish button is pressed the gazette notice will be issued automatically and will show up in the gazette history list.

When all forms printed

15. Check for accuracy, making sure all names, addresses, numbers and dates are correct.

16. Gather together the relevant enclosures with each appropriate letter to bankrupt/company director/partner. These are listed on the form.

17. If the examiner decides to advertise in a newspaper, retrieve form LCAD (Letter covering advert) and secure to the appropriate notice of order for newspaper NFN1 (bankruptcy order), NFN3 (winding-up order) or NFN 4 (company partnerships). Send via advertising agents.

Upon receipt of 3 sealed copies of the winding-up order from court

18. From Document Production (‘Docs’ tab) obtain forms NTCWUO (Notice to company of making of winding-up order) and NOTCH (Notice to Companies House)

19. Attach a sealed copy of the winding-up order to each of the forms. Send NTCWUO to the company secretary at the registered office or last known trading address.

20. Send form NOTCH to Companies House with attached copy of winding-up order.

21. Retain the final sealed copy for the OR’s file.