Norton Motorcycles (UK) Limited - in Administration (‘the Company’)
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Lee Andrew Causer, Ryan Kevin Grant and Danny Nicolaas William Dartnaill were appointed Joint Administrators of the Company on 29 January 2020. Lee Causer is authorised to act in the UK as an Insolvency Practitioner by the Institute of Chartered Accountants in England and Wales (IP No: 14112). Ryan Grant is authorised to act in the UK as an Insolvency Practitioner by the Insolvency Practitioners Association (IP No: 9637). Danny Dartnaill is authorised to act in the UK as an Insolvency Practitioner by the Institute of Chartered Accountants in England and Wales (IP No: 10110). The Joint Administrators act as agents to the Company and contract without personal liability.
The Company continues to trade in Administration.
Information for Customers
This information has been prepared in order to provide high level information for customers who may have been affected by the Administration of the Company and who may have a claim against the Company. The information provided is to assist customers and is not deemed to be specific advice to customers or an admission of any claim that you may have against the Company. This document is intended for use of the customers of the Company only.
Customer Information
You will be contacted either by phone, email or in writing regarding your outstanding order as soon as possible.
The actions and claims available to customers are detailed below
Questions
Answers
I have paid a deposit or made payment in full in respect of my order. What can I claim?
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You will be contacted by the Company either by phone or email and they will inform you on the current status of your order.
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If goods are not delivered you may claim for amounts to the value of your order you may have paid.
I no longer wish to continue with my order. Can I obtain a refund?
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The Administrators are reviewing the position and these will be dealt with on a case by case basis. If you wish to cancel an existing order please email NMComms@BDO.co.uk, heading your email “Order Cancellation”. Please include full details of your order in the email. This will then be checked and someone will contact you to discuss.
My order has been dispatched but I have not yet received it. What should I do?
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If your order has been passed to the delivery Company for delivery you should await delivery. In the event that you do not receive your order within the prescribed period please contact the Joint Administrators at NMcomms@BDO.co.uk with full details of your order and you will be contacted with an update as soon as the position has been clarified.
I have placed an order but not yet paid. Will the order be fulfilled?
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If your order is able to be fulfilled, you will be contacted by the Administrators to ascertain whether you would like to proceed and to confirm the terms and conditions of sale.
The Company has informed me that it is unable to fulfil my order. How can I claim any monies paid?
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Customers should contact their bank/credit card provider or Paypal to obtain refunds (see later in this document for further information).
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If you are successful in claiming against your credit / debit provider you will not be able to make a claim against the Company. The credit / debit card provider will make a claim instead to the value they have paid you.
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If you have paid by cash or cheque or the above options are not available, customers may make a claim against the Company as an unsecured creditor. To do so please contact the Joint Administrators at NMcomms@BDO.co.uk to inform them of your claim.
I have paid on my credit / debit card or via Paypal, how should I claim?
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If customers have paid a deposit for goods by credit or debit card or via Paypal and the goods are not going to be received, you may be able to get your money back by claiming a refund from your card issuer.
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If you think this may apply to you, you should make contact with your card issuer as soon as you can to understand what financial protection you may be entitled to.
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Further information (including time limits that apply) is available from the UK Cards Association, a consumer guide can be found at www.the ukcardsassociation.org.uk.
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The contact number for your credit or debit card issuer may be located on the reverse of your card (otherwise it can be found online). The card issuer is the bank which issued the card to you, not the payment processor. For example, if you have a Lloyds MasterCard, the card issuer is Lloyds (not MasterCard).
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If you paid by credit card, you may have a claim against your credit card issuer under section 75 of the Consumer Credit Card Act 1974 for the cost of your order and any additional costs reasonably incurred as a result of the Company’s insolvency. Please contact your credit card issuer for further details on eligibility, which costs may and may not be covered, how to make a claim and the timescale in which to make a claim.
I wish to make a warranty claim against the Company for goods I have purchased from the Company. How do I do this?
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The Administrators are reviewing the position in respect of warranties and these will be dealt with on a case by case basis.
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If you wish to make a claim under a warranty please email NMComms@BDO.co.uk, heading your email “Warranty claim”, providing contact details and a description of the matter to be dealt with under warranty. The position will then be reviewed and a full response provided.
How will the Joint Administrators update me about my claim?
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The Joint Administrators are required to report to creditors during the course of the Administration. This report will include an update on the progress of the Administration and the likelihood and quantum of dividends to creditors and also an estimate of the timescale to pay a dividend, if applicable.
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Creditors will receive a formal notification of the Administration which will include how customers can register to receive alerts of reports from our portal.
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Please also note that statutory reports for the Company will also be filed at Companies House.
I have a finance agreement in respect of the goods I purchased. What should I do?
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You finance agreement is between you and the finance Company. The agreement is not with the Company.
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If you have any queries regarding your agreement you should contact the finance Company direct to discuss the matter.
The appointment of the Joint Administrators are personal appointments. BDO LLP does not assume any responsibility and will not accept any liability to any person in respect of this document or the conduct of the Administration.
The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
Information for Suppliers
Outstanding Orders - If the Company has placed an order with you and it has not been delivered please contact the Company direct to discuss this.
Retention of Title claim – If you have informed us you wish to claim retention of title you will be contacted directly regarding the information that is required to assess your claim. As this process will include the identification of stock you have supplied to the Company prior to Administration, you will be contacted to make an appointment to identify the stock. Please do not attend the Company premises without first making an appointment, as access will not be given.
Outstanding monies - If you are owed money by the Company at the date of Administration you may have an unsecured claim against the Company. A letter will be sent to all known creditors explaining the current position and the steps you should take.
Information for Employees
You should direct any queries you may have to the Company in the first instance.
Please note that this information has been prepared in order to provide high level information for Customers and Suppliers who may have been affected by the Administration of the Company. The information provided is to assist only and is not deemed to be specific advice or an admission of any claim that you may have against the Company. This document is intended for use of the Customers and Suppliers of the Company only.
For and on behalf of
Norton Motorcycles (UK) Limited
The Joint Administrators