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Wednesday, 26 February 2014

Bordeaux Fine Wines Ltd closed in public interest – Kenneth Gundlach admits £12 million worth of wine missing


Happier days for Kenneth Gundlach: Bordeaux Fine Wines Ltd 
sponsored the ROA (Race Horse Owners) Horseracing Awards in 2012
Details here and here
Ken Gundlach is first from left of line across stage 


Bordeaux Fine Wines Limited - in Liquidation 
‘The Company was placed into formal liquidation at the hearing today (26 February 2014) in the Companies Court (High Court, London) on the grounds it is expedient in the public interest on the basis it just and equitable for it to be so under Section 124(a) of The Insolvency Act. The petition brought by the Department for Business, Innovation & Skills had been supported by four creditors with claims totalling c£2,582,000.

The director was not present however the Winding Up Order was not contested. In a statement read out by the Registrar to the Court Mr Gundlach admitted that the Company had purchased insufficient wine to fulfil customer orders. Wine prices had again, according to the director, been inflated by 60% although an investigator had suggested this to be more in the region of 350% given much of the wine had not actually been purchased. The Registrar further commented “It is clear from evidence before me that they did not purchase sufficient wine to fulfil orders”.

The level of indebtedness to the Company could not be quantified at the hearing with The Public Interest Unit suggesting at least £8m as being due to investors as well as HMRC’s claim in the proceedings being c£8m. The director in response to the Public Interest Unit had previously stated “On current allocation £12m of investors will not get wine”.

It was reported in court that the Metropolitan Police have been investigating. 

A meeting of creditors will now take place in London at The Official Receivers Office, 2nd Floor, 4 Abbey Orchard Street, London, SW1P 2HT.  The potential date put to the hearing was 14 March 2014 at 15.00 specifically to appoint an insolvency practitioner, however this date has yet to be confirmed.  The Official Receiver has deemed it appropriate to convene such a meeting given the unknown level of creditors to further ascertain creditor wishes. It should be noted the director is not duty bound to attend the meeting and it is thought highly unlikely he would do so.

Jim:
I’m very grateful to Samantha Street of Grant Thornton for the above summary of this morning’s hearing. If Kenneth Gundlach, the sole director of Bordeaux Fine Wines, is correct in his estimate that investors will not see £12 million worth of wine they purchased, then this is a very substantial shortage. The shortage in last year’s Nouveau World Wines/Finbow totaled some £4.5 million.

Grant Thornton
(I’m happy to post this message on behalf of Grant Thornton for information. Any other insolvency practitioners looking to act as liquidator to Bordeaux Fine Wines Ltd can contact me about posting a similar notice.)

'David Ingram of Grant Thornton UK LLP has been nominated to act as Liquidator by other creditors and as such should anyone involved in the purchase of wine through Bordeaux Fine Wines wish to understand how Grant Thornton UK LLP can represent their interests in this matter please do contact Samantha Street, a manager at Grant Thornton, at samantha.j.street@uk.gt.com or alternatively 0207 728 2651.

Grant Thornton have successfully dealt with a number of wine investment companies making good recoveries for investors noting there will be no charge to investors in making a nomination for David Ingram to be appointed to act.

FInD specialise in tracing and recovering assets and are a national team together with an international reach with a presence in all offshore financial centres. They have recovered assets from many jurisdictions and are currently successfully recovering monies for victims of various investment scams, including off plan property developments, mortgage fraud and boiler room fraud, in the UK, Spain, Caribbean, USA, the Middle East and other overseas jurisdictions.

For further information regarding Grant Thornton's insolvency investigation services please visit http://www.grant-thornton.co.uk/en/Services/Recovery--Reorganisation/Fraud-Insolvency-Division-FInD/'

Wednesday, 19 February 2014

Blakeney Bridge Wine Ltd: why I wouldn't buy wine from this company

Château Pontet Canet


I have been contacted by AT whose elderly parent has been pressurised by Blakeney Bridge Wine Ltd's telesales into investing in over-priced wine

On 19th September 2013 they were persuaded to buy: 

one case (12 bottles) of 2010 Les Forts de Latour for £2,200. The excellent wine-searcher site shows that a case of Les Forts de Latour could have been bought from Magnum Fine Wines on 15th November 2013 for £1675. A saving of £545 on the case.  A case of 2010 Les Forts de latour can now be bought for £1575. 

Then on 17th October 2013 there was a further purchase:  

a case (12 bottles) of 1990 Haut Brion for £6,630. Wine-searcher shows that this wine could have been bought for £4840 on 14.11.2013. It is currently being offered by Berry Bros & Rudd for £4920.
 
En primeur 2012
They were also persuaded to buy 2012 Bordeaux en primeur, which few would consider to be an investment vintage. The purchase was on 17.10.2013. Again they were substantially overcharged by Blakeney Bridge Wine Ltd

a case (12 bottles) 2012 Haut Bailly for £635 and due for delivery in 2015. wine-searcher shows that this could have been bought for £455 on 15.11.13

a case (12 bottles) of 2012 Pontet Canet for £935 due for delivery in 2015. wine-searcher shows that this could have been bought for £650 on 15.11.13.

Not only have they been over-charged but the 2010 les Forts de Latour and the 1990 Haut-Brion have not arrived in their account even though they were bought on 19th September 2013 and 17th October 2013 respectively. 

 'The Buying Process'
'5. The wines are transferred to your account with 45 working days with a receipt' Blakeney Bridge Wine website  


AT has repeated chased up these wines speaking to a Nicola Martin – probably not her real name as telesales staff employed by these sharks prefer for rather obvious reasons to use a 'persona'. 'Nicola Martin' keeps making excuses saying that it could take nine months from the time of paying for the wine for it to arrive in AT's parent's account!

In this situation there is one very obvious solution: cancel the order under the Distance Selling Regulations. Blakeney Bridge Wine Ltd are then obliged by law to provide a full refund.  

(I understand from AT that a letter was sent yesterday -18.2.2014 - to Blakeney Bridge Wine Ltd at their registered office cancelling the order for the Les Forts de Latour and the 1990 Haut-Brion.) 

The Distance Selling Regulations come into force from the time the contract is concluded. Under the present legislation the buyer has the right to cancel goods bought at a distance eg by phone, email etc. for seven working days from the day after the goods are delivery. This period of seven days is extended to three months and seven days if the seller did not properly explain to the buyer at the time of purchase their rights under the law. 

I would be amazed if Blakeney Bridge Wine Ltd explained properly to AT's parent their rights under the law. See here from Trading Standards. So order can be cancelled anytime from now to three months plus seven days after the wine is finally delivered.   

However, Blakeney Bridge Wine Ltd should be well aware of the Distance Selling Regulations. As this is not the first time I have received complaints about Blakeney Bridge Wines pursuing vulnerable elderly people. Back in late 2012 they persuaded an elderly pensioner to cash in their perfectly good investments for Blakeney Bridge's over-priced wines.

The stung pensioner cancelled his order. Initially Blakeney Bridge Wine claimed that because wine was an investment and the price changed frequently it was a 'financial instrument', so exempt from the Distance Selling Regulations. Blakeney Bridge wanted it both ways – to punt an unregulated investment at vulnerable elderly people and then then to claim that it was exempt from the Distance Selling Regulations.

Fortunately Trading Standards were persuaded that this was nonsense and that the over-priced 'investments' from Blakeney Bridge Wine Ltd were subject to the Distance Selling Regulations. The pensioner got a full refund on their wine but unfortunately lost substantially having paid a penalty on cashing in their good investments.          



***

Blakeney Bridge Wine Ltd was founded on 10 June 2011. Its current sole director and shareholder is 69-year-old Richard Allan. The company's registered office is Airport House Business Centre, Purley Way, Croydon, Surrey CR0 OXZ. Their trading address is unknown. 

The company's founding director was 23-year-old Phillip Stephen Watkins. He is now a director of London Carbon Neutral Ltd and Lcneutral escrow Ltd. Both companies have their registered office at Airport House. 



'Welcome To London Carbon Neutral

Here at London Carbon Neutral we have a portfolio of exciting carbon offset projects for companies and individuals to choose from. This allows you or your business to balance the CO2 emissions emitted while you implement your longer term CO2 emission reduction plans.'


'London Carbon Neutral helps to take the confusion out of buying and selling carbon offsets by providing a comprehensive yet transparent and straightforward service to our clients.'  

Financial Conduct Authority warning on carbon credit trading 
'what is most likely a scam.'

On 13th September 2013 the FCA (Financial Conduct Authority) issued a warning about carbon credit trading – 'Find out how carbon credit trading works, why we think you should avoid investing in carbon credits and related markets, and how to protect yourself from what is most likely a scam.'  




Friday, 14 February 2014

Le Bordeaux Wines Ltd: 25 year old arrested on suspicion of fraud



 Le Bordeaux on facebook


Staffordshire Police are reported (The Drinks Business) to have arrested a 25-year-old man on suspicion of fraud, false misrepresentation and conspiracy to defraud in relation to Le Bordeaux Wines Ltd, a wine investment company. Up to £1 million is said to have been invested in wine through the company, who also offered to buy wine from investors. The man is on police bail until April. 

Le Bordeaux Wines Ltd was founded 9.10.12. 25-year-old Jonathan Charles Braybrook is the sole director. Its registered office and trading address is at 88 Wood Street, London EC2V 7RS – a serviced office. The company's annual return has been overdue since 6.11.13. 

Braybrook is also the sole director of Le Bordeaux Wine Shed Limited founded on 5.10.12, also at 88 Wood Street. He is also a director of Jb Trading & Co Ltd with its registered office and trading address at 11 Burns Road, London, SW11 5AD. Both of these companies are in the process of being dissolved. 

DC Chris Pope, investigating officer for Staffordshire Police, said: “I would like to hear from anyone who has invested in this company, or bought wine from this company, to contact me.

“No matter how much money has been lost it is vital that all those who invested come forward.

“The company’s website is now deactivated and if people try to access it they will be directed to Action Fraud, and ultimately myself.”


Anyone who has fallen victim to Le Bordeaux Wines Limited, or has had any contact with the company, is urged to contact DC Chris Pope at Staffordshire Police on 101 quoting incident number 258 of 9 December 2013, or Crimestoppers anonymously on 0800 555 111.