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Nourish Engineering update ?

Discussion in 'Motorcycle Related Discussions' started by Fast Eddie, Apr 25, 2017.

  1. kommando

    kommando

    Joined:
    May 7, 2005
    Hopefully in the hands of a proper receiver and not one that will wipe the debts clean and pass the assets back to Chris Bushell for the cycle to repeat.
     
  2. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    I'm working on that...
     
  3. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Herewith the detail:
    In the HIGH COURT OF JUSTICE LIVERPOOL CHANCERY DIVISION 2972384

    COMPANIES COURT No 879 of 2017 In the Matter of NOURISH ENGINEERING LIMITED (Company Number 08783288) and in the Matter of the INSOLVENCY ACT 1986

    A Petition to wind up the above-named company (registered number 08783288) of: 103 Willow Park Otford Sevenoaks TN14 5NF presented on 11 December 2017 by PHOENIX BALANCING LIMITED, 176 Fletchamstead Highway, Coventry, CV4 7BB, (the Petitioner) Claiming to be a creditor of the company will be heard at, Liverpool Combined Court Centre, 35 Vernon Street, Liverpool Merseyside, Liverpool L2 8BX

    Date: 19 March 2018 Time: 10:00 hours (or as soon thereafter as the petition can be heard) Any person intending to appear on the hearing of the petition (whether to support or oppose it) must give notice of intention to do so to the petitioner or his/its solicitor in accordance with Rule 4.16 by 16.00 hours on Friday 16 March 2018 The Petitioner's Solicitor is Pannone Corporate LLP , 378-380 Deansgate Manchester M3 4LY 13 February 2018.

    Although this winding up was delayed, it either was resurrected, or Bushell filed for strike off and dissolution. However, he has traded within the last 3 months (me), and has historical and current creditors (coming out of his ears by the sound of it), and from what I have read, HRMC will not grant strike off or dissolution in those cases.

    More digging to do! If I go deep enough, I may even find a slimy worm...
     
  4. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    OK. HMRC closed him down for failure to submit accounts. Nothing to do with Phoenix Balancing so I believe.
    If anyone on this forum wants further information on steps that could be taken, please pm me.
    BTW, Tony Hayward does not have any Norton main shafts for a Triumph cluster!
     
  5. Fast Eddie

    Fast Eddie VIP MEMBER

    Joined:
    Oct 4, 2013
    That’s a surprise, he used to be the ‘go to man’ for these. If he ain’t got ‘em I don’t know who to suggest.

    And... PM sent...
     
  6. Madnorton

    Madnorton VIP MEMBER

    Joined:
    Jun 9, 2008
    Ask Emery, he was selling the Domi barrels Bushel was having made.
     
  7. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Apparently, all drawings, rights etc., pass to the Crown, but as the Treasury is only interested in cash, Lord knows where they will be found...
     
  8. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Well. Shock, horror! Delivery guy just turned up with a package from... the elusive Mr. Bushell!!!
    It contained the Norton main shaft for the T140 gear cluster/Norton clutch! Haven't checked it thoroughly but it does look right.
    A note inside says 'Splined shaft as above' (referring to the original invoice). 'Sorry for the delay'.
    A quandary. On Monday, if he hasn't settled the court case against him, he will have a CCJ applied. However, if I continue with the 5 speed box build, he will only owe me for the high gear assembly plus 60-4100 bearing (approx. £150), and all the court costs, interest etc., etc.
    The alternative is to force a complete refund and return all the items and go for a Mick Hemmings 5 or 6 speed box.
    Any recommendations folks?
     
  9. Snotzo

    Snotzo

    Joined:
    Mar 12, 2013
    Mr. Bushell is one slippery customer and will always be conniving to stay one step ahead of the law.
    If he's allowed to get off the hook this time, he surely will be continuing with his con man tactics, a practice that many members will have experienced already to their cost.
    Were I in your position I would let the court deal with him, and write off my losses against bitter experience.
     
  10. kommando

    kommando

    Joined:
    May 7, 2005
    Check the shaft thoroughly, then if it checks out ok inform the court of the partial refund and let them carry on chasing the outstanding amount. That assumes a high gear is obtainable elsewhere, if not then go complete refund.
     
  11. Fast Eddie

    Fast Eddie VIP MEMBER

    Joined:
    Oct 4, 2013
    Full refund and Hemmings box.

    Sounds to me like you’re only gonna be constantly chasing nigggles and issues with the Bushel stuff and every time is gonna be a nightmare dealing with him.
     
  12. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Thanks all.
    You have basically confirmed the way I'm thinking.
    I'll let the court deal with him.
    I have sent an email to him asking about the high gear assembly, and to tell him that he has basically left it way too late now, plus asking him how he can continue trading when his company has been struck off and dissolved by HMRC...
     
  13. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    So. Mr Bushell has rejected my claim, stating that as the main shaft was delivered and signed for, the gearbox can now be assembled. He suggests mediation...
    He fails to understand that without the high gear assembly, the gearbox cannot be assembled! Plus the bore diameter in the Nourish/amc casting has not been machined to the correct diameter, and the high gear assembly cannot be fitted even if he replaced the broken one he supplied!
    Told you it would get interesting!
     
  14. Snotzo

    Snotzo

    Joined:
    Mar 12, 2013
    What did I say about a slippery customer ?
     
  15. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Absolutely. BTW, the shaft is brand new... I'll continue to pursue him, as he has responded to the court, albeit in a negative manner. I have the evidence, and even if mediation is the only option, he has no excuses.
     
  16. kommando

    kommando

    Joined:
    May 7, 2005
    Be careful you do not get labelled as ' unreasonable behaviour', it has a special meaning in court and if a Judge finds you are being 'unreasonable' then you are open to paying other sides costs even if you win your case and despite in small claims the costs being limited, once you are 'unreasonable' then all costs come back on the table. So go for mediation but only agree to any offer if it really meets your requirements, if it entails trusting Bushell then you are free to reject, the mediator is paid if he gets the case stopped so resist his attempts to get you to accept any offer. Its ok to reject the offer/offers, by agreeing to mediation is enough for a judge.

    http://insurance.dwf.co.uk/news-upd...asonable-behaviour-in-the-small-claims-track/

    Be open and if the order has been partly delivered either reject it 'as without it being 100% the partial supply is useless' or reduce your claim by the supplied amount.
     
  17. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    I have some experience with small claims court procedures, and have yet to have any issues.
    I have informed Bushell that I will accept the replacement or cost of replacing the high gear assembly, plus remachining costs, plus court case fee and any interest accrued and a fair settlement. However I have also reminded him of the 'unfit for purpose clause of the fair trading act, which still allows me to replace all the items he sold to me for a full refund.
    As he has failed at every opportunity to rectify his failures, or respond with any information, plus me having shown enormous patience and offers to resolve, I am hopeful that this will be sorted either by the court or by mediation ASAP.
     
  18. Eljahara

    Eljahara VIP MEMBER

    Joined:
    Jul 8, 2018
    Having just read the aggressive tactics of Andover Norton against the Norton Owners Club for access to and ownership rights of drawings etc.. the drawings you refer to might just be found in their 'lock box'?
    John
     
  19. Champy72

    Champy72

    Joined:
    Nov 30, 2018
    Interesting, and to an extent, obvious. Andover Norton do manufacture new parts, but I also thought Norvil and RGM had those rights too?
    Bushell was only really interested in the crankshaft billets, or so it seems? The other stuff he has is all used. I do wonder how and where the brand new Norton main shaft came from, and I guess the Nourish AMC gearbox main body casting was a left over from David Nourish days. Very murky here..
     
  20. kommando

    kommando

    Joined:
    May 7, 2005
    All parts makers can make any part, when we made parts for OE customers from an OE drawing what we used to do was buy a part from the spares dept of the original company and then make a drawing from it with our company logo and the part also got stamped with our part number and logo, this is a right under EU law. The OE part we bought was made by us, but was stored along with the invoice showing we had bought it and a letter saying we had used it to make an aftermarket drawing and also attached the drawing.

    What is Intellectual Property is the original drawing with the original designers copyright mark, these are the drawings that the NOC bought some years ago and they are Norton original drawings. Andover Norton are claiming that they have the rights to the original IP of Norton Motors, they have offered the NOC £5000 are recompense for the £3000 price paid and the storage. The questions that needs answering is

    1. Through all the machinations of Norton to AMC to Norton Villers to NVT to BSA Regal etc etc to AN did the IP rights get passed on correctly and end up with AN.

    If yes is the answer then AN do own the IP rights and the drawings should be passed over from NOC to AN.
     
    Last edited: Dec 28, 2018

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