Barry Gamble (The London Vines Ltd) made indefinitely bankrupt

 Barry Michael Gamble – bankruptcy report

As 2016 draws to a close I am sure that Barry Gamble's many friends and fervent admirers, who may include Emma and Katie, will appreciate an update, especially as the liquidator's latest report to 30.10.16 is available here.

Although Gamble was made bankrupt at Croydon County Court on 8th December 2015, his bankruptcy wasn't confirmed until 2nd June 2016 as Gamble appealed to the court claiming that the bankruptcy order should not have been made. Fortunately Gamble's delaying tactics failed – the order arose from the misfeasance action brought by solicitors acting for the liquidator of The London Vines Ltd. In the latter half of 2015 Gamble was fined by default £741,647.45. 

The UK bankruptcy register shows that Gamble's bankruptcy, which would normally have ended on 8th December 2016, has been extended indefinitely – 'Order suspending bankrupt’s discharge under Section 279(3) of the Insolvency Act 1986 until the fulfillment of conditions as specified in the Order made by the Court and effective from 29 November 2016'. I will report on these conditions if and when I have the details.

Given the successful misfeasance claim – taking money out of The London Vines Ltd without proper justification – Gamble should have been banned as a UK director. That this wasn't pursued may well be down to Government cuts in The Insolvency Service. Anyway Gamble's continued bankruptcy precludes him from being a UK director.  

There is potential further bad news for the Gamble household. Amanda Gamble, Barry's wife, may well also be made bankrupt early in 2017 as reported in the Liquidator's report from 31st October 2015 to 30th October 2016. 'A Statutory Demand was personally served on Mrs Gamble on 22nd October 2016 and accordingly, Mrs Gamble has until 09 November 2016 to apply to the Court to have the Demand set aside and we will be able to present a Bankruptcy Petition from 14 November 2016.' It seems that Amanda Gamble is yet to be made bankrupt as her name does not yet appear on the bankruptcy register.  

According to the liquidator's latest report: 'Barry Gamble claimed that all of the net sale proceeds from the property at 6 Rowan Close (Banstead) were paid to his wife Amanda Gamble'.   

Sadly I suspect that few will be surprised to learn that it is very unlikely that any of the clients and investors with The London Vines Ltd will get any of the £1.63 million claimed to be owing. 
      

Gamble made an appearance here in the Mirror back in February 2016. 

Barry Gamble's libel case

In December 2014 Barry Gamble decided to sue me in the High Court for libel and slander. Essentially, despite the misfeasance judgment, Gamble claimed to be an honest businessman. 

Gamble based much of his case and claim on a company called ESW Exports (UK) Ltd, which supposedly had experience and expertise in exporting English sparkling wine. Central to Gamble's legal claim was that he had personally lost a contract with a Toronto based Canadian wine importer worth £80,000.

This contract, of course, was pure fantasy and the whole case an abuse of legal process. There never was a contract with the Canadian importer. It took Gamble some nine months to come up with the name of the importer who, when I contacted him in November 2015, told me:  

'I took the time to go through my records to determine whether I had any contact with Mr. Gamble as his name and company did not ring a bell.  I deal with dozens of suppliers every year and many of our contacts do not result in any business. I did find some e-mail correspondence with him in 2013 where I informed him of some upcoming opportunities for sparkling wines with our monopoly, the LCBO. He sent me information about one Italian sparkling wine which was priced outrageously with no hope of ever being purchased. I reached out to him again a few months later regarding another opportunity and he did not respond so I closed my file. I have never heard from him since.'

Gamble was not a director or shareholder of ESW Exports (UK) Ltd – he never explained why he would have personally benefitted from the fantasy £80,000 contract. ESW Exports (UK) Ltd was established on 16th August 2012. It was struck off on 21st October 2014 for non-compliance – no annual returns of accounts were filed.  

In 2012 Gamble did make contact with a number of English sparkling wine producers. One of them – Sam Lindo of the excellent Camel Valley  – was not impressed:

'I have only come across these guys from them enquiring about exporting our wine.  They sound like a bunch of nutters. I told them their website made them look like a con, it showed a total lack of knowledge of our industry, in particular how small it is. The chap missed the joke I made about only using Western Union money transfers.

Some of these people can be genuine, we make everyone pay up front for the first 2 orders and this stops any chancers.' 
 

Good to go: 

On 9th August 2012 Gamble emailed a number of English sparkling wine producers claiming to have 'importers/agents in the major citys (sic) in China and India' and that 'Myself and my newly formed export company ESW Exports Ltd are taking English sparkling wine to the other side of the planet'.

'Hi Guys,

 

As your more than likely aware, English sparkling wine has a reputation rarely surpassed.  In fact so popular is the wine of our fair land that overseas they cant get enough actually they cant get any, Myself and my newly formed export company ESW Exports LTD are taking English sparkling wine to the other side of the planet..

 

With a handful of importers/agents in the major citys in China and India good to go all we need is the wine..

 

So I write this email in hope that we can spread the word with gusto, we would look to purchase at least 100 cases of sparkling wine in various forms from as many vineyards as possible, of course if the wines are award winning in some way then all the better..

 

All monies for your wines will of course be paid up front and we would look to build from there..

 

Feel free to get in contact with myself on the number below or reply to this email at your earliest convenience..

 

Many Thanks

Barry Gamble'

Gamble's claim of 'importers/agents' in China and India is also likely to have been a complete fantasy. Interestingly no mention here of a Canadian importer....

Shortly before Gamble was made bankrupt at Croydon Court, he made an offer of settlement, which included a demand for £3000 to cover his legal costs. Gamble never received a penny. Once a liquidator was appointed in respect of Gamble's personal bankruptcy, they discontinued the legal action since bankrupt Gamble was not in a position to pursue this case.   

  

 

 

  

Barry Gamble declared bankrupt – Croydon Court Tuesday 8th December 2015

Above: Tuesday 8th December 2015 Court listing at Croydon County Court and the Family Court for five-minute hearing of a creditor's petition against Barry Gamble at 11.30 am.

Discharge suspended – an error

 Automatic discharge: 08 December 2016

The result: Barry Michael Gamble of Tadworth (last known address) declared bankrupt with his discharge suspended.  

Although not confirmed Barry Gamble's bankruptcy is a result of the successful Misfeasance Claim brought by solicitors acting for Findlay James, the liquidator of The London Vines Ltd, a failed wine investment company. Barry Gamble was the sole director of The London Vines Ltd (appointed 26.1.2010 – resigned 9.4.2013) for much of its life. Alisdair Findlay of Findlay James was appointed on liquidator of The London Vines Ltd on 31st October 2013. 

In the first Liquidator's report (17.12.2014) Findlay reported that:

'Following an analysis of the company bank statements  for the period 1 February to the date of liquidation it was discovered that large sums of money had been paid to the shareholders and relatives of shareholders for which there were no records to substantiate the payments. Despite writing to each of the individuals involved, none were able to provide satisfactory responses and as such I instructed solicitors to commence recovery proceedings. A claim was drafted against Barry Michael Gamble, Robert Scott Phillips, Amanda Sarah Gamble, Sylwia Phillips, and David Phillips. An offer of £27,000 was made and accepted in respect of the claim against David Philiips in the sum of £33,776.'

'A judgement in default was obtained against Barry Gamble in the sum of £741,647.45.'

Interestingly on 3rd June 2015 Gamble described the liquidation of The London Vines and the Misfeasance Claim as fraudulent: 'regarding the fraudulent insolvency of The London Vines and subsequent fraudulent and false claim'.

Gamble put this view to the test on 17th September in Birmingham seeking to  to have the default judgment overturned. He failed, so English Law confirmed the Misfeasance in the running of the company – in common parlance the 'removal of large sums of money' from The London Vines Ltd by its directors and shareholders with 'no records to substantiate the payments' and with no satisfactory explanations indicates that this was a scam. Now this has led to Barry Michael Gamble's bankruptcy (8th December 2015). 

The Liquidator's December 2014 report also stated that: 'We are still awaiting confirmation from the Court of Judgment in default against Amanda Gamble in the sum of £179,263.61.' It is not known what the current status of this potential judgment against Amanda Gamble is. The Liquidator's second report due by the end of this year may shed more light. 

I understand from Barry Gamble that he is appealing against the default judgment.       

 

  

Barry Gamble (The London Vines Ltd): judgment in default – £741,647.45

The London Vines Ltd 

Today I received a copy of the liquidator's progress report on the first 12 months of the liquidation of The London Vines Ltd, a 'wine investment' company, where the shareholders did rather better than their clients. The report was prepared by Alisdair Finlay, the liquidator and covers 31st October 2013 to 30th October 2014.   

It certainly made interesting reading.

The headline story is that Barry Michael Gamble has been hit with a judgment in default to pay £741,647.45 related to the misfeasance claim brought by the liquidator. The judgment was given in the Birmingham District Registry. Barry Gamble was the sole director of The London Vines Ltd from 26th January 2010 to 9th April 2013.

Further details here:

'Settlement re Misfeasance Claim

Following analysis of the company bank statements for the period 1 February 2012 to the date of liquidation it was discovered that large sums of money had been paid to the shareholders and relatives of shareholders for which there were no records to substantiate the payments. Despite writing to each of the shareholders involved, none were able to provide satisfactory responses and as such I instructed solicitors to commence recovery proceedings. A claim was drafted against Barry Michael Gamble, Robert Scott Phillips, Amanda Sarah Gamble, Sylwia Phillips and David Phillips. A offer of £27,000 was made and accepted in respect of the claim against David Phillips in the sum of £33,776.

A settlement has been reached with Robert Phillips and Sylwia Phillips that a payment of £90,000 will be made by 16.00hrs on 19 January 2015. This settlement has been agreed based upon the available equity in the matrimonial property. This settlement is in respect of claims mad against Robert Phillips in the sum of £152,802 and Sylwia Phillips in the sum of £123,294. 

Barristers were instructed to give advice on the merits of obtaining an injunction against the assets of Barry Gamble. Searches on property websites showed that the matrimonial home was on the market for sale. Unfortunately no application for an injunction was made as Counsel weren't confident of success and an unsuccessful application could have resulted in a costs order against the liquidator for which he could have become personally liable.*

A judgment in default was obtained against Barry Gamble in the sum of £741,647.45. An application has been made to court to apply for a charging order against property held in the defendant names. We are still awaiting confirmation from the Court of Judgment in default against Amanda Gamble in the sum of £179,263.61. 

According to the progress report – 'It is possible that bankruptcy proceedings will be issued against Barry Gamble and Amanda Gamble.' 

Directors Loan Account 

Robert Phillips has agreed by way of consent to repay a Directors loan of £35,926 over a period of 71 months payable by 71 monthly instalments of £500 and one final instalment and one final instalment of £426. As at the date covered by this report £1200 had been collected.'   

Robert Phillips, who was appointed sole director of The London Vines Ltd on 9th April 2013, reported that: 'In addition due to a dispute between shareholders, the Director, Robert Phillips claimed that he was unable to access any of the client information from the computers held at the trading premises as the passwords had been changed by Barry Gamble.' 

--> *: Barry and Amanda Gamble's house at 6 Rowan Close, Banstead was sold on 16th September 2014 for £631,000. The house had been bought for £470,000 on 16th June 2009.