The term ‘phoenix company’ refers to a new company that has been specifically created for the purpose of continuing the business of an insolvent company which ceases to exist. The sale or transfer of the business and assets of the insolvent company often occurs through the use of a pre-pack administration, or a pre-pack liquidation. In order for this to go ahead, assets from a previous enterprise that was no longer viable, will be purchased at market value by the directors of the new company. It will often have the same board of directors as its predecessor and may even be permitted to use a similar trading name, provided that strict guidelines are adhered to.
A phoenix company is able to pick up right where its predecessor left off, provided it has purchased the assets at market value. It will, however, be free from the debt that forced the old company into insolvency. The money realised through selling the assets will be used to make repayments to creditors after deductions for the costs and expense of the insolvency process, and any remaining debt will be legally written off, giving the company a fresh start.
Is it legal to set up a phoenix company?
It is perfectly legal to set up a phoenix company, as long as the assets are acquired at market value following a formal insolvency process such as a pre-pack administration or liquidation. This ensures that all regulations are complied with and all creditors are dealt with appropriately.
The advantages of a phoenix company
Where the use is permitted, they have several advantages over other processes.
A phoenix company can help preserve the jobs of employees. This will not only protect their livelihoods but also reduce redundancy pay-outs and may increase the amount of money available for distribution to creditors.
The phoenix company will be able to continue trading free from its historic debt using the assets of its predecessor, providing they have been bought at market value. It may even be able to continue using the same premises if the landlord agrees.
The phoenix company may be able to continue to do business with many of its old suppliers and customers.
In certain circumstances, the company may be able to continue trading using a similar name to its predecessor. This preserves the brands, goodwill and previous marketing efforts.
Can a phoenix company re-use a trading name?
It is possible in some instances for a phoenix company to use a similar or near-identical name to its predecessor, however, several regulations apply. Failure to adhere to these regulations can result in fines, loss of limited liability and even imprisonment, so advice should be sought from a reputable solicitor before any decisions are made.
In summary
A phoenix company is a business which is reborn in the ashes of its predecessor. The process is known as a pre-pack administration or liquidation and it enables a new business to be created, with the historic debt of the previous company written off. It cannot trade with the same name and all assets that are transferred must be sold at market value.
How we can help
The procedure of creating a phoenix company is a complicated process that should only be dealt with under the supervision and guidance of a licensed insolvency practitioner. We have years of experience dealing with phoenix companies, pre-pack administrations or pre-pack liquidations, so if you think one of these options might be appropriate for your business, get in touch for a free, confidential chat today.
Case Studies
High End Fashion Retailer
Kelly Burton • Retail
• Pre-Pack Administration
A high-end independent fashion retailer, operating from a well-established location found itself experiencing severe financial difficulties, following the closure of all retail stores during the two nationwide lockdowns caused by the Covid 19 pandemic.
The retailer did not have a sizeable online practice when the pandemic forced the closure of its flagship store, and sales ceased overnight.
In addition, the retailer had already committed to deliveries of the next season’s stock, which resulted in large balances falling due to suppliers, whilst the stock remained unsold.
Kelly Burton, director and insolvency practitioner at Wilson Field, said:
“Unfortunately due to the pandemic, all of the retail stores had to shut as the country went into nationwide lockdown. Without a solid online presence, the flagship store had its sales effectively stop overnight.
We were pleased to arrange a pre-arranged sale of the business and its assets, which meant that nobody lost their job.”
The Directors approached Wilson Field to explore the option of a pre-packaged administration. Following an extensive marketing campaign, the business and assets were sold to an associated company, and all jobs were saved.
M J Squire Limited
Kelly Burton • Construction & Engineering
• Creditors Voluntary Liquidation (CVL)
A bespoke joiners and shop fitters in Sheffield, M J Squire Limited, had been in its trade for more than 30 years.
However, recently it has been forced to close due to the downturn in the construction and retail industry.
The company was located at Orgeave Close in Sheffield, after working for many household names over the years including House of Fraser, Levi’s, Austin Reed and Tommy Hilfiger.
Until 2014, it had been a profitable company but over the past couple of years, it had been unable to secure profitable contracts.
February 10th, 2016 saw the appointment of Wilson Field’s Andy Wood and Robert Dymond as liquidators. This development for the company came as a result of suffering cash flow problems.
Operations at M J Squire Limited have now ceased and regrettably, all nine roles within the company were made redundant.
Andy Wood, insolvency practitioner from Wilson Field, spoke about his work on this case.
“Declining sales at M J Squires significantly impacted cash flow and the business’ ability to meet its liabilities. In the face of tough market conditions, the director has taken the difficult decision not to continue trading. The business has closed and the assets are being sold.”
“It is very sad to see this well-known local business cease to trade after over 30 years. The downturn in the retail sector has hit this business hard.”
Rooster Punk Ltd
Kelly Burton • Media & Entertainment
• Pre-Pack Administration
Advisors from Wilson Field have rescued a London headquartered advertising agency after it was bought out of administration by the existing management team.
Rooster Punk Ltd was established in 2012 and specialised in providing creative content for technology and financial services brands to better interact with clients and customers.
The company, which traded from head offices at Queen Victoria Street in London with a second office in Clifton Down Road in Bristol, called in administrators from Sheffield-headquartered Wilson Field for formal insolvency advice.
The company had experienced significant growth since set up and posted profits each year up to and including October 2016.
However loss of funds due to a bad debt combined with the termination of customer contracts and rising business overheads had created cash flow problems.
Kelly Burton (pictured) and Lisa Hogg from Wilson Field were appointed as joint administrators on December 6 and concluded a pre-packaged sale of the business and assets to Rooster Punk Group Limited lead by the same management team of Rooster Punk Ltd.
All remaining nine staff at the time of the sale were saved and transferred to the new company under TUPE.
Kelly Burton, director and licensed insolvency practitioner at Wilson Field said:
“Wilson Field considered the company’s precarious financial situation, which was borne as a result of a number of factors including the Samsung contract under billing, loss of funds due to a bad debt from a start-up, termination of customer contracts and rising business overheads.
“Despite attempts to cut back overheads, including reducing staff numbers from a peak of 24 down to 10, the directors recognised the company’s precarious position and sought formal insolvency advice from Wilson Field, and advice on alternative options available.
“The pre-packaged sale has mitigated employee termination claims in the nature of wage arrears, accrued holiday pay, redundancy and pay-in-lieu of notice totalling £33,680.
“It has preserved the value in the company’s intangible assets, namely its goodwill and work in progress and maximised the value of the company’s trade debtors due to the continuity of service to the company’s customers by the successor business.”
Valuations were handled by Robert McArdle of David Currie & Co with legal services and advice from solicitors Irwin Mitchell LLP.
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
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"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
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"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
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"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
Sandip Chatterjee
star_ratestar_ratestar_ratestar_ratestar_rate
"I spoke to Stephen Hall from this company regarding a liquidation enquiry. Stephen was very helpful in providing the information I required."
Pete Senneck
star_ratestar_ratestar_ratestar_ratestar_rate
"Stephan Hall was very helpful with my questions on closing down a dormant Ltd company ... I cant thank him enough .. Thank you"
Sharon Swift
star_ratestar_ratestar_ratestar_ratestar_rate
"Excellent service provided by excellent professionals ( for a company liquidation). I felt comfortable and confident throughout the entire process."
Crayford Crayford
star_ratestar_ratestar_ratestar_ratestar_rate
"Steven Hall was very helpful today, in offering free advice on the best route to take whilst closing our company and what would be needed/who could support us! I would definitely recommend asking, if unsure, as his advice was clear and supportive."
Danny Robertson
star_ratestar_ratestar_ratestar_ratestar_rate
"Beverley Horton called me within minutes of my query and gave me advice on closing down my business. Very friendly and professional and I couldn't be more grateful. Thanks again Beverley :)"
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