Collapse of Farepak Directors Trial

Unfortunately I am out of the Country and shall not return until beginning of July.  I heard this news through a barrage of texts and emails which I received upon landing last night.

Unfairpak has always taken the stance since 2006 that HBOS had a case to answer to yet we were constantly fobbed off with “HBOS did NOT bank Farepak, we provided a loan to the Group”.  HBOS even wrote an open letter to the Unfairpak Forum which is on our forum and any member will be happy to point same out to anyone who wishes to read this.

Unfairpak presented a petition to HBOS at the demonstration prior to Christmas 2006 which many MSP’s boycotted due to HBOS’s role in the Farepak debacle.

It became clear very early on that the directors’ defence would hinge upon HBOS and again, sadly, we were right.  We still stand by the fact that the directors “should have known better”.  We still feel there has been a huge miscarriage of justice here.  Directors ought to know how their company is run and with the cashflow problems that Farepak faced, Unfairpak fully and firmly believe that the entire group of European Home Retail should have been put into administration much earlier on in 2006.  They should certainly have been put into administration upon suspension of EHR’s shares in August.  Take for example the Woolworths Group.  Upon suspension of their shares, they called in the administrations.  In Unfairpak’s opinion, Woolworths acted correctly.

For HBOS to refer to our savings as “Doris Money” is absolutely disgusting.  What do they [HBOS] think we are? Financially illiterate, bumbling fools who did not know what we were doing?  Farepak savers were clever, prudent people who saved for Christmas so as not to get into debt.  Referring to our savings as “Doris Money” just adds insult to injury and we are appalled to hear our savings described this way.

Peter Cummings, the “ultimate arbitrator” must answer questions now.  As must Andy Hornby who was CEO at the time of the collapse.  Unfairpak will tweet the open letter which is on You Tube.  Please followers re tweet same and let the UK know what “spin” HBOS gave us.

HBOS are one of the UK banks that were bailed out by the government!  Unfairpak still to this day do not believe that the government should bail out Farepak “victims”.  However, what we do believe now is that HBOS should repay, in full, the 38 million they successfully clawed back through the administration of the European Home Retail Group.

Upon my return, I will be ensuring that Mr Vince Cable and I meet to discuss matters further.  I will also be asking the Treasury Select Committee to look hard at HBOS.

What I would like to end with is this.  Ask yourself a question, if you bank with HBOS.  Do you really wish to put your money in a bank that refers to decent human being’s savings as “Doris Money”.  Do you think they actually care about anyone other than themselves?  Unfairpak would urge you to really think long and hard if you do bank with HBOS as to what your feelings are regarding the utter contempt they have shown for over 123,000 people whilst taking Christmas savings of approximately 38million pounds.  I certainly would not wish to bank with HBOS!

My final words until I get home “HBOS, shame on you”!

Court Details 19 June 2012 – FAREPAK DIRECTORS DUE TO START GIVING EVIDENCE

Cause list Tuesday, 19 June 2012

Updated: 18 June 2012 13.07 (refresh your browser for the latest version)

The following list is subject to change until 4.30pm. Any alterations after this time will be telephoned or emailed direct to the parties or their legal representatives.

IN THE HIGH COURT OF JUSTICE

 

CHANCERY DIVISION

 

 

COURT 26

Before MR JUSTICE PETER SMITH

Tuesday, 19 June 2012

At half past 10

GENERAL LIST

Part Heard

584 of 2011 In the matter of European Home Retail plc and in the matter of Farepak Food & Gifts Ltd

Skeleton Argument Nicholas Gilodi-Johnson Farepak Food & Gifts Limited

Nicholas Gilodi-Johnson Skeleton Argument

 

 

Mr Gilodi-Johnson is the only son of Bob Johnson, one of the founders of Farepak. In 1993, its shares were listed on the London Stock Exchange. The listed company was Farepak plc. It subsequently changed its name to Kleeneze plc and then to the European Home Retail plc (“EHR”) in 2005. The original Farepak business at this time was carried on by a subsidiary known as Farepak Food and Gifts Ltd (“FFG”).

Farepak Food & Gifts Limited – European Home Retail Limited Directors Responsibilities

Please see, set out below, the respective responsibilities of the defendants currently involved in the case in High Court, Chancery Division, 584 of 2011 In the matter of European Home Retail plc and in the matter of Farepak Food & Gifts Ltd.

For the avoidance of doubt, Mr Hicks and Mrs Ponting have had proceedings against them discontinued.

EHR APPT EHR ROLE FFG APPT FFG ROLE 
Mr Fowler 01/01/2006 Group Financial Director 01/01/2006 Director
Mr Gillis 15/08/2003 Non-executive N/A N/A
Mr Gilodi-Johnson 25/09/2001 Director 23/02/2005 Managing Director
Mr Hicks N/A N/A 16/10/2003 Finance Director
Mr Johns 28/09/2005 Non-executive N/A N/A
Mr Munn 20/11/2002 Non-executive N/A N/A
Mrs Ponting N/A N/A 01/05/2004 Responsible for customer service and IT
Mr Rollason 08/01/2003 Chief Executive Officer 23/05/2003 Chairman of the Board
Sir Clive Thompson 05/10/1988 Non-executive Chairman (from August 2001) N/A N/A