Back in September 2015 EYE reported that, following its entry into liquidation in the previous May, concerns about industry supplier Cabec Ltd (trading as Cream Club) had been raised with the Insolvency Service.

At the time an Insolvency Service spokesperson told EYE: “Concerns have been raised with us and although we cannot prejudge the outcome of the liquidator’s investigation, we will be paying close attention to their findings and will take action if the evidence merits it.”

The Insolvency Service has now confirmed that Craig Anthony Cook and Claire Roberta Cook have been banned from holding company directorships for eight and five years respectively.

Name: Craig Anthony Cook

Name: Cabec Ltd

Date of Birth: 24 / 3 / 1969

Date Order Starts: 27 / 3 / 2020

Disqualification Length: 8 Years 0 Month(s)

CRO Number: 07459665

Conduct: From at least 01 July 2014, Mr Cook failed to ensure that Cabec Limited (“Cabec”) made full and timely payments to its employees, which resulted in Cabec failing to comply with the National Minimum Wage Act 1998 and trading to the detriment of its employees from at least 1 July 2014 until Administration on 5 May 2015. In that:

Analysis of the available records shows that between 1 July 2014 and 30 September 2014 Cabec failed to pay at least 11 employees the national minimum wage, with the shortfall to the minimum wage totalling £15,319.32 including 3 employees who received no income in the period;

Between 1 October 2014 and 5 May 2015 Cabec failed to pay at least 34 employees the national minimum wage, with the shortfall to minimum wage totalling £53,462.60 including 1 employee who received no income in the period;
Professionally prepared accounts show that as at 30 June 2014 Cabec owed £215,691 to other creditors, which included wage arrears of £110,878. Between 01 July 2014 and 05 May 2015, Cabec made payments to employees totalling £896,036 and by the date of Administration, 05 May 2015, the debt in respect of wage arrears had increased to £333,624;
In contrast, between 01 July 2014 and 05 May 2015, the amount due in respect of debenture loans reduced from £107,928 to £50,645, the debt to trade creditors had reduced from £464,988 to £122,376 and the amount due to HMRC reduced from £310,648 to £219,936;
One of Cabec’s employees was a foreign worker and one of the stipulations of his VISA was that he was required to receive a level of income of £40,700. He was not paid this, nor was he paid minimum wage (£6.50 per hour gross, £5.75 net); he received £4.27 per hour(net).

 

Name: Claire Roberta Cook

Name: Cabec Ltd

Date of Birth: 13 / 8 / 1982

Date Order Starts: 27 / 3 / 2020

Disqualification Length: 5 Years 0 Month(s)

CRO Number: 07459665

Conduct: From at least 01 July 2014, Mrs Cook failed to ensure that Cabec Limited (“Cabec”) made full and timely payments to its employees, which resulted in Cabec failing to comply with the National Minimum Wage Act 1998 and trading to the detriment of its employees from at least 1 July 2014 until Administration on 5 May 2015. In that:

Analysis of the available records shows that between 1 July 2014 and 30 September 2014 Cabec failed to pay at least 11 employees the national minimum wage, with the shortfall to the minimum wage totalling £15,319.32 including 3 employees who received no income in the period;

Between 1 October 2014 and 5 May 2015 Cabec failed to pay at least 34 employees the national minimum wage, with the shortfall to minimum wage totalling £53,462.60 including 1 employee who received no income in the period;
Professionally prepared accounts show that as at 30 June 2014 Cabec owed £215,691 to other creditors, which included wage arrears of £110,878. Between 01 July 2014 and 05 May 2015, Cabec made payments to employees totalling £896,036 and by the date of Administration, 05 May 2015, the debt in respect of wage arrears had increased to £333,624;
In contrast, between 01 July 2014 and 05 May 2015, the amount due in respect of debenture loans reduced from £107,928 to £50,645, the debt to trade creditors had reduced from £464,988 to £122,376 and the amount due to HMRC reduced from £310,648 to £219,936;
One of Cabec’s employees was a foreign worker and one of the stipulations of his VISA was that he was required to receive a level of income of £40,700. He was not paid this, nor was he paid minimum wage (£6.50 per hour gross, £5.75 net); he received £4.27 per hour(net).

 

The published document may be seen here: https://www.insolvencydirect.bis.gov.uk/IESdatabase/viewdisqualdetail.asp?courtnumber=07459665

 

Cabec trading as Cream Club: Concerns raised with Insolvency Service