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Exclusive: Whitehall tax avoidance “scam” revealed

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Flashy Student Loan Co HQ where Ed Lester works without being taxed at source. Pic courtesy BBC

Civil servants could be able to avoid legally paying tens of thousands of tax while working in Whitehall. An investigation by Exaro News and BBC Newsnight based on documents obtained by me through a Freedom of Information request has revealed an extraordinary personal tax deal negotiated by the Student Loan Company for its £182,000 a year Whitehall boss, Ed Lester. The deal is £140,000 salary,£14,000  bonus, £28,000 pension and £28,000 expenses for flight and Glasgow flat.

Documents released by the SLC and the Department of Business,Innovation and Skills reveal that Mr Lester, chief executive,pays no tax or national insurance at source but instead the SLC pay a consulting firm called Penna who pass the gross cash to a personal service company run by Mr Lester and a partner. This arrangement was approved by HM Revenue and Customs and the deal was signed off by David Willetts, the universities minister, and Danny Alexander, chief secretary to the Treasury.

As a result instead of paying tax at the top rate of 50 per cent – the company is likely to only have to pay corporation tax at the government’s new lower small company rate of 21 per cent and minimal national insurance. Mr Lester has declined to discuss the matter with Newsnight or Exaro News.

Full and extensive details are revealed in a series of articles on the Exaro News website (http://www.exaronews.com) – behind a pay wall but if you register  it is free for a week – or you can see the film about it on BBC Newsnight.

The investigation has forced Mr Alexander into ordering a  Whitehall wide inquiry to find out how many civil servants are benefitting from the same secret deals.  The reason is that ministers  DONT’ KNOW  and it looks like in Mr Willetts’ case DON’T CARE.  Alexander personally examined each top pay contract and now admits he missed the tax implications of this particular deal.

Whatever his inquiry reveals this arrangement looks to me on a par with all the recent scandals involving banker’s bonuses and Sir Fred the Shred’s stripped honours. Basically you as a taxpayer are paying the state to negotiate a deal for a very highly paid  official to avoid tax. This can’t be fair, right or decent to millions of low paid public and private sector workers who are paying a big whack in tax and can’t set up personal service companies – effectively to avoid paying tax. It also has the added insult that the man who has got this deal is pursuing every single student in the UK to make sure they pay every penny back of their student loan.

Dole queues – What dole queues? The huge divide among the unemployed

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Dole queues -growing rapidly in Labour, falling in some Tory and Lib seats Pic:courtesy Daily Mail

Ever wondered why with  dole queues at their highest levels since 1996, in many areas pubs and restuarants are heaving, the West End theatres full and motorways crowded with traffic? The answer is provided in an extraordinary analysis by the House of Commons Library of the latest claimant figures released by the government (see http://bit.ly/x6wWxw).

Far from  the picture painted by David Cameron’s infamous slogan ” We are in it together” the United Kingdom is as divided over who is on the dole and who isn’t as it is over bankers’ bonuses and public sector worker pay freezes. And it is not just the differences between the disproportionate numbers of young people-under 24- on the dole and an older generation in work.

It is  the fact that across  the nation the number of people claiming job seekers’ allowance is now dividing area against area and becoming party political. Put it simply the government – whether it intended to or not – is dumping on areas that voted Labour and leaving many coalition seats- Liberal Democrat and Conservative alike – completely unscathed from the grim dole reaper. In fact -taken year on year in some Tory and Lib Dem seats unemployment claims are, believe it or not, actually FALLING.

Am I making this up?  No it is all in the report. The Commons library report looks at dole claimants and breaks them down by constituency -taking as its base the economically active – those aged between 16 and 64 – and working out how many people in the constituency are unemployed.

It then ranks them all. The top 15 dole  constituencies-with the exception of three- are all Labour seats. And the other three are in Northern Ireland. The bottom 15 are all Conservative or Liberal Democrat. And the difference is stark . In Labour held Birmingham,Ladywood, – the Number One seat for dole claims- more than one in five people are claiming. In Liberal Democrat held West Aberdeenshire and Kincardine, the figure is 1 in 100 and falling for the long term unemployed.

Among prominent politicians John Redwood and David Cameron both have miniscule numbers on the dole- and the overall jobless claims are falling in Redwood’sconstituency despite a rise in youth unemployment. While Liam Byrne, the shadow works and pension secretary, and ex union leader Jack Dromey have some of the highest. There is more on this in an article by me and Rajeev Syal on the Guardian Society website (see http://bit.ly/xvUv8M ) and by me in Tribune (http://bit.ly/z3dAhM).

Perhaps it can be best illustrated by comparing Liam Byrne constituency with Chris Grayling, the Secretary of State for Works and Pensions.

Liam Byrne’s Birmingham Hodge Hill  seat has the second highest number of dole claimants in the UK with 7257  claiming benefits – 1750 for over a year – and a rise of 723 – 250 on the long term register.

Chris Grayling in Epsom and Ewell has  1007 on the dole – an increase of 44 in a year – with a rise of just 5 people out of work for a year -to just 135.

No wonder perhaps the dole queues do not have the same resonance for the Tories  as Labour. Tory Mps’ surgeries are hardly going to be packed with desperate people looking for jobs – but Labour Mps are going to be overwhelmed. It also has a political impact and might be one reason why Labour is not capitalising on the recession- simply because in some areas it does not exist.

The most interesting point is that Lord Young’s much criticised statement about people never having it so good – is actually true in some Tory areas.

Labour is going to have try much harder to get the point of the horror of the dole queues across to a wider general public – because as it stands the Tories seem to have manipulated a recession that concentrates almost entirelyon their constituencies and affects mainly their voters.

Blog review 2011: Who came, saw and commented

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The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

This blog was viewed about 67,000 times in 2011. This compared with 17,000 in 2010 – the year the blog was launched.Click here to see the complete report.

Exclusive: Francis Maude’s secret gold plated banker’s pension

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Francis Maude: The man with the gold plated pension. Pic courtesy: The Guardian

Armchair audit is  raising its sights. As well as looking as councillors like Brian Coleman, it is now turning the spotlight  on auditing the  seriously wealthy to see if they follow David Cameron’s dictum that we are in it all together.

Francis Maude is the public face for taking on the public sector trade unions and  insisting their low paid members are being offered the best possible  pension terms which anyone in the private sector will be really envious.

But is everyone in the private sector worse off than public sector workers? Not Mr Maude for a start.

He has taken one hit and is about to take another since he rejoined the Conservative led coalition.

His  Cabinet Office minister salary  is £98,740 (includes MP’s salary of £65,738). This is a reduction of £5197 on his Labour predecessor, Tessa Jowell.

It is his pension history which marks the real divide. When he reaches retirement age at 2018 he will be able – unlike his public sector colleagues –  to be able to draw FOUR pensions.

 He will get the state pension – promised by the coalition to reach £140 a week – which will go to everybody.

He will get  TWO public sector pensions – one as an MP and one as minister. Their arrangements are hideously complicated – and not as open as figures available for public sector workers.

As an MP  since 1983 of 28 years standing ( he was out of parliament between 1992-97) by 2015 he will entitled – assuming a virtual wage freeze – to a pension of around £31,000 a year because he has a private sector pension and this taken into consideration to save taxpayer’s cash. Otherwise it would be worth over £46,000.

But while workers will be paying higher pension contributions Mr Maude is able to pay less under this deal. His contribution rate drops from 7.9 per cent to 5.9 per cent.

His minister’s pension by 2015 will be worth over £10,000 a year. His contributions, to be fair, are now 11.9 per cent and will rise to 18 per cent.

This gives him a state pension in excess of £40,000 a year – TEN times the average pension of lower paid civil servants bearing the brunt of the cuts and FIVE times the average civil servant pension. For that matter it is also FIVE times the average teacher’s pension.

But this is by no means the full picture. These calculations  miss out Mr Maude’s private pension – which is a huge elephant in the negotiating room.

 During the period he was out of office Mr Maude was director of  27 companies between 1992 and 2011. Six were dissolved and three went bust.

 But standing out from the lot is a period of over two years from February 1994 to November 1996 when Mr Maude was managing director of  investment bankers,Morgan Stanley, in London and New York.

The accounts are still available at Companies House and the salaries – paid in 1990s money – were stratospheric for directors.

The highest paid director’s salary went from £786,873  in 1994 to £1,234,690 in 1995 and to £1,708, 063  in 1996 – a rise  of well in excess of 100 per cent. And that excludes pension payments.

Mr Maude’s salary is not  identified –  but as MD in two countries – it will be nearer to those  figures – plus a pension to boot.

 The Cabinet Office declined to comment on his private pensions arrangements. But a City management consultant told me:

“It would be inconceivable that Morgan Stanley would not have paid Mr Maude a high pension because it is a much more tax efficient way of paying out money. Often City firms offer pensions equivalent to say 10 years service, rather than three, as a way of giving more money to people when they leave.”

Indeed Mr Maude had a lot of spare cash in 1996. Land registry records reveal that on 1st August 1996 Mr Maude and his wife Christina, bought for cash a large farmhouse and land at  Dial Post in West Sussex.  Property around there with land goes now for sums well in excess of £1m.

Perhaps the time has come for Mr Maude to reveal his true pension status when he is lecturing people to settle for less for life. He is the Government’s Mr Transparency and has released lots of personal data on individual civil servant’s  pay and pensions.

Just this weekend, his boss at the Cabinet Office, Nick Clegg, called for more transparency on top executive pay and perks. Mr Maude could lead by example by revealing the historic facts of his secret pension deal.

 My guess is that he has a private fund worth well over £1m on top of his three other state pensions. Prove me wrong, Mr Maude.

You can of course express your own views – you might feel Francis Maude is worth a mega pension, or you may feel he doesn’t  deserve anything like it.. You can e-mail him on psfrancismaude@cabinet-office.x.gsi.gov.uk .

Taxpayer subsidised Brian Coleman’s hypocritical cheek in berating a single mum

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Brian Coleman: Paying half the rent of the single mum he berated

I don’t want to be seen hounding  Barnet and London Assembly Brian Coleman on this website but his latest outburst takes more than the biscuit. The man who takes £128,000 from the taxpayer in council allowances – he’s probably about the third highest paid councillor now – has recently berated a desperate single mum with a six-year-old son for complaining that she is  facing a £150 a month rent rise to £1100 a month.

 She wrote to him for advice as she said ” out of desperation in the hope that someone can offer me guidance”. Mr Coleman was unsympathetic to say the least. Ms Sharada Osman wrote back surprised at his lack of empathy.

Mr Coleman told her ” I am afraid you have to live in the real world where the country has no money and residents will have to deal with their own issues rather than expecting  ” the system” to sort their lives out.”

What Mr Coleman did not tell her was that he was living in a subsidised  flat, courtesy of the Finchley Methodist Church charity, where he doesn’t even  have the responsibility of painting his windows.

His  rent is £546 a month – half that of Ms Osman. In the real world – the rest of the road-people are paying £1100 a month, according to local estate agents.

Don’t believe me. Well his fair rent agreement is a public document obtainable on-line from the Valuation Office Agency. Search Electronic Rent Register and put in N3 1ND and you can read for yourself and even print your own personal copy.

Then I might suggest – as Mr Coleman seems finally to have got over his technophobia and can use e-mail, send him a e-mail about what you think about it. His work e-mails are

 
 I’ll be interested to see if you get a reply.

The American and British time bombs still under Liam Fox and Adam Werritty

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Together forever?- Adam Werritty and Liam Fox. Pic courtesy:http://www.parker-joseph

When Cabinet Secretary Sir Gus O’Donnell publishes his report this week on whether  former defence secretary Liam Fox broke the rules over his curious working relationship with ” adviser” Adam Werritty, it may not be the end of the matter.  There is still unfinished business across the pond in the US and there could be a kickback in Britain as well.

To use a metaphor that Mr Fox and his friend might be familiar just as  foot soldiers sent into battle in Afghanistan have to be wary of  the explosive danger of hidden IED’s in Helmand, Fox and Werritty are still in the middle of a minefield where one false step could be fatal.

One reason is that  a blogger from Manchester-Stephen Newton who had been pursuing  Fox and Werrity’s  Atlantic Bridge  Neo Con”charity” in Britain for two years – put a formal complaint into  the  US Internal Revenue Service about its sister organisation in America.

Basically the accusation was similar to the British charity whose organisers have just closed down rather than obey charity rules- that  Atlantic Bridge Inc was not a non-profit educational body which should avoid tax.

In a  cryptic reply, the IRS said it would evaluate the information they had received and decide whether to investigate but would not contact him until the investigation was complete. 

Remarkably ( and perhaps Revenue and Customs should do this here) they said that he might qualify for a financial  whistleblower’s award if Atlantic Bridge was found to be tax dodging.

 The IRS has still to inform Newton about his award  but has made it clear it will never discuss what action it is going to take. See his own website http://www.stephennewton.com/  for his  take.

 The signifance of this  is the US operation is totally bound up with the  British one – to the extent that it funded Liam Fox’ s charity and that some of the people thought to have bankrolled Adam Werritty on his trips with the minister may well be connected. On top of this as Sunny Hundal pointed out on the Liberal Conspiracy website last week, (see http://bit.ly/n53Oye ) they include through the American Legislative Exchange Council  links to powerful arms dealers like the Koch Foundation and the tobacco industry. It also backs the Tea Party. And one has only to look at the Guardian, Observer, Sunday Telegraph and the Times to see how extensive these connections are.

Now ,if and it is still if, the IRS acts against Atlantic Bridge Inc, this is only going to intensify the pressure on the people who have been backing Fox and Werritty and set a whole new trail going in the US ( no wonder the blogger has taken calls from the Wall Street Journal).

Meanwhile in Britain the trustees of the Atlantic Bridge charity have closed it down rather than comply with recommendations from  our own Charity Commission to make it less partisan.  the Commission seemed  to think it had to treat Atlantic Bridge with kid gloves. Indeed  unlike the treatment of the Smith Institute – slammed for links with Gordon Brown – it was almost obsequious in its dealings with a body that had five Tory shadow ministers advising it ( though two, Michael Gove and Chris Grayling can’t remember attending – I hope they take their present paid jobs more seriously!)

The Commission gave the charity months to change its rules – despite a decision that it was partisan which would disqualify it for charity status. Adam Werritty at the time objected to the findings-saying he was ” disappointed” by the ruling.

There was also the small question that five Conservative ministers-Liam Fox,George Osborne, William Hague,Michael Gove and Chris Grayling plus John Whittingdale ( current chair of the culture,media and sport committee) were all members of its advisory board of  what  is now known not to be a properly constituted charity.

 If I was a sharp tax inspector at Revenue and Customs I think I might decided to approach  the accountants of prominent donors like  Tory donor Michael Hintze   ( £47,000 in two years according to Atlantic Bridge Accounts) and see whether the donated money qualified for gift aid-saving tax payments by both the donor and the charity. And then I would claim it back.

Atlantic Bridge also charged unbelievable sums to attend its events -£400 a time and £700 for VIPs- to go to a  reception at the Lanesborough Hotel in Hyde Park Corner to see Henry Kissinger get the Thatcher Medal for Freedom. Luckily under gift aid rules, at least the people going could not get a rebate from the tax authorities. No doubt it was these lavish occasions that encouraged Werritty on his high living vists, funded we now know through his private company.

There is an interesting irony about all this – the resignation will enable Fox and his friend Werritty to continue their lobbying. Journalists should keep an eye on the Advisory Committee on Business Appointments website over the next few months to see what lucrative jobs Fox applies for next.

 Just like the Afghan war, this story will run and run.

Exclusive: Westminster pioneers subsidised housing for higher rate taxpayers

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Affordable housing: Now for higher rate taxpayers Pic courtesy BBC

Are you a higher rate taxpayer with a family? Need a three bedroom home convenient for the City and West End but can’t afford the rent charged as oligarchs and Arabs push up prices in Central London?

From next year the Tory flagship council of Westminster is to come to your rescue- they are diverting all their  new  and acquired affordable housing provided by social landlords to help what Ed Miliband, the Labour leader called the “squeezed middle”. This  includes helping  Iain Duncan Smith style Tory households where dad is the sole breadwinner, mum stays at home with the kids, but dad earns enough to put him in the higher tax bracket.

Too bad if you are among the 53 per cent in Westminster earning around £12,500 a year. From next year you are officially too poor to qualify for social housing anymore. You will have to go and live somewhere else.

Don’t believe me. See the table in  new Westminster Council documents, where the figures are revealed.

Table 1: Affordable Rent levelsBeds Sustainable for households (without benefit) with gross incomes*:  Weekly GrossAR range  Current RP rents (including service charges) 
1 £25k-32k(net 18.5k-£23.5k) £135 – £172  £132
2 £27.5-£36k(net £20.5k -£26.6k) £148-£194  £147
3+ £29k-£39k(net £21.5-£29.k) £156-£210  £152+

The  gross householder income figure for three bedroom homes actually exceeds the present 40 per cent tax band which  this year  is £35,001.

Even the document produced by the council’s housing director for  Jonathan Glanz, the Tory Cabinet member in charge of housing admits they might be a problem:

 “It is acknowledged that these rents are not currently affordable to many households with priority, without housing benefit. Income analysis indicates that in the main their incomes are low and significant proportions are benefit dependant.”

An accompanying document adds: “For some larger non working households, Affordable Rent may not be a sustainable housing option given what is currently known about the welfare benefit cap.” In other words The Conservative policy to cap benefits puts the unemployed permanently in the cold.

Even Westminster cannot stomach Grant Shapps 80 per cent market guideline Pic courtesy: Daily Mirror

What is even more amazing is that Westminster is  trying to implement  housing minister Grant Shapps’ plan to make sure housing association charged 80 per cent of market rents. The problem is that market rents are so high in Westminster, that even the Tory flagship authority is having to ignore  the Shapps guidelines. An accompanying document reveals average market rent for a two bed property is now  £564 per week in W1, £440 in the SW1  and £316 in NW8.

Even Westminster realises that to charge over  between £250 and £400 a week would hand over its entire social housing provision to higher rate taxpayers. Good policy for ” we are all in it together” from Mr Shapps. And Westminster’s market rents are lower than neighbouring Kensington and Chelsea and the City of London. Can’t wait for their housing proposals following Mr Shapps lead.

Not surprisingly Labour councillors in Westminster are pretty scathing about this.

Councillor Guthrie McKie, Labour’s Housing Spokesperson said;  “The Council is shifting its housing failures on to the most vulnerable people in our community. Due to its failure to provide sufficient social housing, the Council is doctoring its allocation policy…The Council is hell-bent on turning Westminster into a ‘no go’ area for the poor and low-income families.  These new policies will just add more misery to the lives of thousands of our residents.”

Mr Glanz disagrees: “This attack fails to understand the concept of the new affordable rent model and preys on fears of some of the most vulnerable people. Affordable rent is not a replacement for social housing. It is an entirely separate product for households that are in employment but would otherwise struggle to afford housing at market rents. ”

However this is only half the story. What was Westminster plans to do with its existing council housing is a matter for a further comment.

Exclusive: London fire company former bosses investigated as shares suspended

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John Shannon , ex ceo, high flying and an alleged trail of AssetCo debts

Update: Judges are expected to approve tomorrow( wed july 28)) a deal allowing to dilute shares by 1000 per cent, raise fresh cash from foreign investors and pay off creditors so the company can save its Middle East operations and plan to sell off its London and Lincolnshire fire brigade contracts. Advisers, the current chairman,Tudor Davies, will also get big success fees for pulling this off.

Update:  Trade creditors- from American Express to Grant Thornton – today (Thursday) accepted a 23p in the pound settlement for over £1.5m owed -writing off over £1m debts and AssetCo subsidiaries -including London- accepted a  peanuts settlement (0.1p in £) for the £100m owed -paving the way for first step to save firm from total collapse but also pointing to sale of London and Lincolnshire fire contracts.

An investigation into the  financial dealings of  former bosses  of AssetCo, the private owner of London and Lincolnshire’s fire engines, is underway by the firm, shareholders have been told.

A statement from the company says: “”The Company has recently received details of allegations in respect of the activities of its former management team. The Company is investigating these
claims and following the completion of its investigation may initiate proceedings.”

The disclosures come as shares have been suspended after  the company sought yet another £14m from investors and massively diluted  junk status share price, last traded at a mere 1.75p. The move comes as Bob Neill, the fire minister, will be urging fire authorities across England to privatise their services and hand over their equipment , training and vehicles to  any private company that wants to make a profit from them.

Arcapita, the only bidder for the stricken company, walked after demanding auditors crawl over AssetCo’s accounts before it would talk any further about a take over. A statement was issued today saying it was not proceeding with the take over.

Worse, documents released to creditors reveal  up to £5m of unpaid bills – including unpaid debts for corporate entertaining at sports fixtures ( £31,000 )and the use of  private jets (£7000). The company blamed its former management and senior staff for leaving this trail of bills for high living, running up an unpaid card credit bill to American Express totalling £134,000.

Now one of the creditors, Bookajet, has told this website that it was left with unpaid bill of £7000 for a hired jet from John Shannon, the former chief executive, after AssetCo refused to pay it. According to a spokesman Mr Shannon appeared to have taken the jet for a personal trip and not on company business. AssetCo are not commenting about this but it looks like Mr Shannon is contesting it.

Bookajet say they have contacted debt recovery lawyers with the aim of seizing AssetCo’s assets.

A taxpayer owned Lloyds Bank fire engine

It has also been revealed by AssetCo and the London Fire Authority that all the capital’s fire engines have never been owned by either of them – they are the property of state-owned Lloyds banking group- owners of the Halifax and Bank of Scotland. The new difference is that Lloyds along with other London banks is now a creditor as well as an owner. There are massive unpaid loans  now totalling  some £30m since AssetCo was launched.

So firefighters are combating riots and blazes in vehicles courtesy of Lloyds Bank ,giving a new  meaning to the Black Horse’s advertising slogan ” for the Journey.” Lloyds are now both the owner and creditor to AssetCo London and promise not to auction them off to get their money back. London Fire Brigade issued a  statement assuring their fire engines are safe.

Two highly embarrassing documents  (see http://bit.ly/px5djv )have been sent to shareholders and creditors revealing the dire state of the company – and pleading with shareholders to accept a massive dilution in shares and creditors accepting less than a quarter of the money they are owed. Banks are being asked to reschedule debts.

Over £100m is owed by AssetCo to its subsidiaries,there are £17m in contingent liabilities to Lloyds, Barclays, Lombard and the Co-operative banks.

Grant Thornton, their auditors – the same company that missed the MetPro security company scandal in auditing Barnet Council’s accounts – are owed £267,000. EDF owed £18,000 in unpaid electricity bills, and even McGrigors, their solicitors based at the Old Bailey who are hosting creditors’ meeting for them, are owed £52,000. The Retained Firefighters Union, is also owed £12,000.

Even  the pension scheme for London staff is at risk if it is not bailed out – the company admit taxpayers will have  to pay out 90 per cent of the cost if it collapses.

Assuming the company is saved, the scandal is not yet over. Further litigation between the firm and John Shannon  over money  will come to court on December 5 as he likely to contest allegations of misusing AssetCo’s cash. Both Lincolnshire and London fire engine contracts are likely to be put up for sale. Only the interest in Abu Dhabi, where the firm works for the military, are likely to be saved.

London AssetCo will only be able eliminate £20m of its debts and be sold off with £30.6m debts. with Lloyds holding on to the fire engines. Lincolnshire has debts of £12m.

Anyone for privatisation after this debacle? Over to you. Mr Neill.

Judge aids rescue package for ” bust ” privatised London fire firm

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Mr Justic Floyd-Helpful to AssetCo Pic courtesy:thisislondon.com

A High Court judge came to the potential rescue of AssetCo, the near insolvent owner of London and Lincolnshire’s fire engines, by granting the company  another month to negotiate an extraordinary deal with its  creditors to wipe out debts of over £100m.

Mr Justice Floyd, sitting  at the Royal Courts of Justice in London, granted applications to adjourn  moves until September 28  to wind up the firm in favour of allowing  the company to open negotiations with its creditors on a deal that will recover some of their lost investments.

Mr Lloyd Tamlyn, for AssetCo, explained that if the company went bust now, the banks and other investors would be lucky to get 0.5 per cent of their money back. But if they agreed to negotiate with the company on a deal they could walk away with 23.5 per cent. In return they would have drop any further demands for cash, wiping out the £100m plus owed by the firm.

 In effect investors in AssetCo look set to lose some £77m. Since the judge was aware that this case was being reported, AssetCo were careful not to ( as at other hearings) list who is owed what.

But from the previous hearing ( where the registrar was not aware he was being reported) the creditors named included  state-owned Halifax Bank of Scotland which is owed £12m and energy company, EDF, which suggests AssetCo may not have paid fuel bills for premises they run in London. Others include FD Direct, the Inland Revenue. They will still be big losers.

The difference the deal would make is shown by Northern Bank who are owed £1.3m and have been very active in opposing moves by AssetCo to give preferential pay outs to its lawyers and accountants.

Adam Goodison, for Northern Bank,  who had pressed for the company to be wound up, explained to the court why the firm is now ” content”  for the deal to go ahead. This followed negotiations that changed the creditor status of Northern Bank, so it could benefit from the proposed pay out.

If AssetCo went bust the bank would be lucky to get £10,000 back from the £1.3m they put into the company. Under the revised deal the bank would get back nearer £300,000. The same would apply to other creditors.

 The question – dealt in passing during the hearing – is where has AssetCo got the cash to even finance this deal? It appears to have come from money raised from international financiers who have given another £10m cash to the company on top of money raised earlier this year which severely diluted its share price to near junk status.

At the last court hearing the financiers were named as North Atlantic Value LLP, a part of the J O Hambro Capital Management Group, Utilico Investments Limited and Henderson, which incorporates the interests of Gartmore Investments Limited.

A hint came from Northern Bank’s lawyer after the hearing when he told me that the deal could be “good news” because it could rescue the company and remove most of its debts. He thought investors were ” taking a punt” on the firm’s future.

The majority of the investors will still have to agree before the deal can go ahead and it will need final approval of the court on September 28 – but the judge’s move means that it could get Brian Coleman, Tory chair of the London Fire Brigade, off the hook from seeing London’s fire engines owned by administrators.

 Once the debt is cleared it then makes the company more attractive to a take over. Nothing more was said in court about a bidder – known to be Arcapita Bank in Bahrain – which suggests they have gone cold on the idea.

The situation is far from satisfactory and does not rule out a slow death of the company,reflected in its low  2.2p share price, valuing it at £5.52m today.

FBU general secretary Matt Wrack said: “Privatising emergency services is stupid and dangerous. The long, slow death of AssetCo is a perfect illustration of this.  We still do not know what is going to happen to London and Lincolnshire’s fire engines.  They are, we believe, going to be the property of AssetCo’s creditors when AssetCo finally goes under.  I call on the London Fire Brigade and the government to bring the fleet and their maintenance back into public ownership.”

This blog was trying to contact Tudor Davies, head of AssetCo, for a comment.

Update: Near bust AssetCo to try and stave off insolvency again

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AssetCo, the troubled owner of London and Lincolnshire’s fire engines and military contracts in the Middle East, will make a desperate attempt to stave off bankruptcy at a hearing at the High Court tomorrow (thursday).

The near bust firm will be up before Mr Justice Peter Smith in Court 61 in the Chancery Division of the High Court in the Strand pressing for yet another adjournment as it fails to clinch a take over deal with Arcapita, the Bahrain based company. The court hearing begins at 10.30 am ,though AssetCo is at the bottom of the list, and the case may not be heard until later in the day.

In another desperate move the firm will produce at the court draft  documents to be presented to its many creditors in the hope they may stave off the evil day when it will have to cease trading. Details of the documents have not been published but a majority of creditors will have to agree before the company can be saved. The last time the company appeared before the court it said it could go bust owing £140m to banks,electricity companies and suppliers.

Will the judge still be sympathetic to this ill-fated example of privatisation? We will have to wait events.