Number Nine restaurant rises from the ashes of insolvency and aims for the Michelin stars (From Gazette)
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Number Nine restaurant rises from the ashes of insolvency and aims for the Michelin stars
6:00pm Monday 20th August 2012 in Colchester By James Cox
New start – Tony Cole of Number Nine, North Hill, Colchester
A FINE dining restaurant which went bust after falling into debt will reopen this week – led by the same businessman.
Number Nine, on North Hill, opened in October last year with the aim of becoming Colchester’s first Michelin-starred restaurant.
Now, the company behind it has gone into administration after falling into six-figure debt.
Tony Cole, director of Number Nine Restaurants, was left owing food suppliers, Colchester Council and the tax man after trade began plummeting in May.
The mounting debts have left the restaurant closed for the past fortnight and the company website was disabled.
But despite owing hundreds of thousands of pounds the business is set to reopen under a new, debt-free company, headed by Mr Cole. The move has been slammed by out-of-pocket suppliers and town MP Sir Bob Russell , who has called for a review into business law.
Mr Cole said all ten restaurant staff had been paid and he is confident the restaurant has a future.
Speaking exclusively to the Gazette, he said: “We have had great critical acclaim. The pedigree of the place is unquestionable.
“But when you go backwards in business so suddenly, you can’t claw it back just like that.
“We are not sure what happened. It suddenly became a swamp.
“I expect there will be some annoyed suppliers. We had to re-organise.”
In June, its lowest trading month, the restaurant took just £12,000.
Number Nine opened after a £360,000 investment in the 16th-century building, which used to house Monty’s Indian restaurant.
It will reopen under new operating company, Rekcin, of which Mr Cole is a director. It is a consortium business, backed by a Colchester-based accountancy firm.
The restaurant will reopen on Thursday, with bookings already taken until Christmas.
Mr Cole has blamed difficult trading conditions and perceptions the restaurant was “too posh” for its downfall.
He said it will take a friendlier direction with e-mails to regular customers and a menu board outside.
He added: “If I wasn’t confident in its future I wouldn’t be in it.
“The biggest shareholder in Number Nine has always been Tony Cole.”
Frank Wright Butchers, which supplied Number Nine’s meat until February, has lost more than £1,000 in unpaid fees.
A spokesman said: “I am upset we haven’t heard from his administrators, but then he probably has not listed us as creditors.
“We are likely to lose £1,000. We can’t afford to throw this money away.”
Comments(53)
Boris
says...
6:27pm Mon 20 Aug 12
Anyone supplying Mr Cole will be wise to demand cash on delivery.
Boris
says...
6:36pm Mon 20 Aug 12
Who cares whether Colchester has a restaurant with one miserable Michelin star? I'd rather dine at a restaurant run by a decent person.
I hope Michelin will not restore Mr. Cole's star while he owes money to his creditors.
And, Gazette, let's have the name of the accountants backing the new business, so that we can avoid taking work to them.
Goonerboy
says...
7:27pm Mon 20 Aug 12
jut1972
says...
8:52pm Mon 20 Aug 12
If the place takes off then presumably the debts will be honoured, and having a restaurant with a Michelin star would bring tourists into Colchester. It's in everyones interest it works out.
Boris
says...
1:23am Tue 21 Aug 12
jut1972 wrote:I don't see that it's in anyone's interest. To have a restaurant whose owner doesn't honour his debts shows that our town is the place for riff-raff. You might want that but how many others do?
..didnt even know the place existed..
If the place takes off then presumably the debts will be honoured, and having a restaurant with a Michelin star would bring tourists into Colchester. It's in everyones interest it works out.
romantic
says...
9:46am Tue 21 Aug 12
Nobody likes to see a business fail, but it has failed. Six-figure debts within 9 months of opening suggests there was no realistic business plan or idea of who would come in. To say "It suddenly became like a swamp" suggests nobody had a clue what was going on.
It is completely unfair to then simply rename the place and ignore the debts owed.
Also, jut, this had the AIM of becoming a Michelin-starred place, it is not one already. The difference is huge. My mate who runs a burger van would aim to have a star, but it´s not gonna happen!
Rekcin should at least pay the smaller suppliers, but of course they won´t do. This is why people end up having to pay cash up front rather than get credit.
Shame on these people, and on the accountants who have arranged this shady deal.
The REAL Norm
says...
9:51am Tue 21 Aug 12
I wonder if the accountancy firm took a stake in the new business in lieu of unpaid fees or fees associated with putting the old company into liquidation and setting up the new company. Might be worth the Gazette requesting full details of the new company from Companies House...
There is something very wrong with business law when this sort of thing is allowed to happen.
Say It As It Is OK?
says...
10:10am Tue 21 Aug 12
Reckin Limited
Company Number 08127813
Registered Office is:
82C EAST HILL
COLCHESTER
ESSEX
CO1 2QW
The REAL Norm
says...
10:25am Tue 21 Aug 12
82-82c East Hill, Colchester,
CO1 2QW
Category: Accountants in Colchester
The REAL Norm
says...
10:26am Tue 21 Aug 12
d.com/index.html
The REAL Norm
says...
10:28am Tue 21 Aug 12
» Sympathetic & Confidential Advice
» Urgent & Free Consultation
» Commercial & Practical Solutions
» Integrity & Professionalism
» Clarity of Advice
TheCaptain
says...
10:36am Tue 21 Aug 12
romantic
says...
10:57am Tue 21 Aug 12
Goonerboy
says...
11:38am Tue 21 Aug 12
romantic wrote:Excellent idea
That´s a good one, Captain. Or go and eat and then promise to pay within 30 days.
LMH_27
says...
12:54pm Tue 21 Aug 12
ions.parliament.uk/p
a/cm201011/cmhansrd/
cm111102/halltext/11
1102h0002.htm#111102
81000004) a number of you were quick to be dismissive. However I have been as much a victim of this form of fraud - and that is what it should be clasaed as - as Frank Wright are in this case. It's not just small businesses that suffer when these people close and restart companies, but private individuals too. In my case, Mr Kiddle of Cavendish Conversions/Loft Conversions, started up a new company of a virtually identical name and moved all assets beyond my reach as soon as he knew a claim was being made against him. Sir Bob Russell MP has been trying to assist me in getting the law changed and indeed it is now with the Department for Business, Innovation and Skills - which the Gazette mentions, but as usual, not in it's true context. Frank Wright are out of pocket by c£1000, for which I am very sorry to hear, however my home has been destroyed and I am out of pocket to the tune of over £90k!! It is only when the law is changed to prevent this kind of criminal behaviour and that these individuals, like Mr Cole and Mr Kiddle are made personally accountable for their actions that this kind of activity will cease. I would also be interested to hear if the esteemed Colchester councillor who condones Mr Cole's actions has ever been the victim of such an individual!!!! I vert much doubt it!!!!
julieee
says...
1:42pm Tue 21 Aug 12
ShadowReturns
says...
1:44pm Tue 21 Aug 12
As for the Lady that was left in the lurch and out of pocket after trying to get building work done on the cheap, you get what you pay for love you handed over the money nobody held a gun to your head did they?
ShadowReturns
says...
1:44pm Tue 21 Aug 12
As for the Lady that was left in the lurch and out of pocket after trying to get building work done on the cheap, you get what you pay for love you handed over the money nobody held a gun to your head did they?
LMH_27
says...
1:51pm Tue 21 Aug 12
The REAL Norm
says...
1:57pm Tue 21 Aug 12
julieee wrote:Oooh sounds juicy. Tell us more...
stop giving him news space, have a look into his past exploits, particularly around the Maldon area. Investigative journalism please Gazette?
julieee
says...
2:02pm Tue 21 Aug 12
presumably accountants backing him are fully aware of all of this....
Seriously, this could make a really good Gazette article if someone actually tracked back this guy
The REAL Norm
says...
2:17pm Tue 21 Aug 12
r.gov.uk/opendata
The REAL Norm
says...
2:18pm Tue 21 Aug 12
marrtin
says...
2:37pm Tue 21 Aug 12
Did this guy go bankrupt?
Has he done it before?
Does the council condone this behaviour?
Business law only looks after the wealthy, this happens time and time again. the picture of the guy looks very smug.
marrtin
says...
2:39pm Tue 21 Aug 12
PS this guy owes me money also.
Bobby Walker
says...
2:51pm Tue 21 Aug 12
Suppliers need to write to the Official Receiver. DirectGov has a step by step guide for creditors here:
http://www.direct.go
v.uk/en/MoneyTaxAndB
enefits/ManagingDebt
/CourtClaimsAndBankr
uptcy/DG_187340
Checkout
says...
3:31pm Tue 21 Aug 12
roger bacon
says...
3:34pm Tue 21 Aug 12
romantic wrote:Ah your mate might not have Michelin stars on his burger van but it could well have four Michelin tyres.
This happens so often, and it is incredibly unfair on smaller suppliers such as Frank Wright. The bigger suppliers will get any money first, everybody else gets left being offered the scraps.
Nobody likes to see a business fail, but it has failed. Six-figure debts within 9 months of opening suggests there was no realistic business plan or idea of who would come in. To say "It suddenly became like a swamp" suggests nobody had a clue what was going on.
It is completely unfair to then simply rename the place and ignore the debts owed.
Also, jut, this had the AIM of becoming a Michelin-starred place, it is not one already. The difference is huge. My mate who runs a burger van would aim to have a star, but it´s not gonna happen!
Rekcin should at least pay the smaller suppliers, but of course they won´t do. This is why people end up having to pay cash up front rather than get credit.
Shame on these people, and on the accountants who have arranged this shady deal.
marrtin
says...
3:37pm Tue 21 Aug 12
I have used this restaurant and it is very nice and decent , the food was excellent. However I refused to pay because the owner is a thieving pondlife scumbag who orders food from suppliers and don`t pay his debts?
Would that be OK
TheCaptain
says...
4:23pm Tue 21 Aug 12
Say It As It Is OK?
says...
4:35pm Tue 21 Aug 12
Quote:
Overall my view is if you have more money that sense eat here - the little food you do get is artfully presented. The waiting staff are attentive but management are aggressive and judgmental. If you are unlucky enough to have the owner present, he is down right rude, obtrusive and arrogant.
julieee
says...
4:41pm Tue 21 Aug 12
romantic
says...
4:47pm Tue 21 Aug 12
marrtin
says...
5:08pm Tue 21 Aug 12
jut1972
says...
7:49pm Tue 21 Aug 12
Boris wrote:Yes of course having a successful business and the suppliers paid isn't in anyones interest, how stupid of me.
jut1972 wrote:I don't see that it's in anyone's interest. To have a restaurant whose owner doesn't honour his debts shows that our town is the place for riff-raff. You might want that but how many others do?
..didnt even know the place existed..
If the place takes off then presumably the debts will be honoured, and having a restaurant with a Michelin star would bring tourists into Colchester. It's in everyones interest it works out.
Boris
says...
8:26pm Tue 21 Aug 12
jut1972 wrote:From what juliee and others have now told us, the business is unlikely to be successful, and the suppliers have no chance of getting paid. As an intelligent man, you must be able to see this.
Boris wrote:Yes of course having a successful business and the suppliers paid isn't in anyones interest, how stupid of me.jut1972 wrote: ..didnt even know the place existed.. If the place takes off then presumably the debts will be honoured, and having a restaurant with a Michelin star would bring tourists into Colchester. It's in everyones interest it works out.I don't see that it's in anyone's interest. To have a restaurant whose owner doesn't honour his debts shows that our town is the place for riff-raff. You might want that but how many others do?
Boris
says...
8:36pm Tue 21 Aug 12
LMH_27 wrote:The esteemed Colchester councillor who condones Mr. Cole's actions is Paul Smith, cabinet member for business and resources. Colchester Borough Council is among Mr. Cole's victims, the story tells us.
Having read the comments made regarding this article, I am truly shocked by the double standards of some of the auuthors. When the article appeared in the Gazette about my case last year, (http://www.publicat ions.parliament.uk/p a/cm201011/cmhansrd/ cm111102/halltext/11 1102h0002.htm#111102 81000004) a number of you were quick to be dismissive. However I have been as much a victim of this form of fraud - and that is what it should be clasaed as - as Frank Wright are in this case. It's not just small businesses that suffer when these people close and restart companies, but private individuals too. In my case, Mr Kiddle of Cavendish Conversions/Loft Conversions, started up a new company of a virtually identical name and moved all assets beyond my reach as soon as he knew a claim was being made against him. Sir Bob Russell MP has been trying to assist me in getting the law changed and indeed it is now with the Department for Business, Innovation and Skills - which the Gazette mentions, but as usual, not in it's true context. Frank Wright are out of pocket by c£1000, for which I am very sorry to hear, however my home has been destroyed and I am out of pocket to the tune of over £90k!! It is only when the law is changed to prevent this kind of criminal behaviour and that these individuals, like Mr Cole and Mr Kiddle are made personally accountable for their actions that this kind of activity will cease. I would also be interested to hear if the esteemed Colchester councillor who condones Mr Cole's actions has ever been the victim of such an individual!!!! I vert much doubt it!!!!
How about safeguarding the council's own interests, Mr. Smith?
Mr Cabby
says...
4:33pm Wed 22 Aug 12
Boris wrote:How long is the government going to let this continue. Apart from the small suppliers being ripped off, we all as tax payers are being ripped off, because generally the pond life who are doing this usually end up owing HMRC a fortune in unpaid tax, which in the present climate affects us all.
LMH_27 wrote:The esteemed Colchester councillor who condones Mr. Cole's actions is Paul Smith, cabinet member for business and resources. Colchester Borough Council is among Mr. Cole's victims, the story tells us.
Having read the comments made regarding this article, I am truly shocked by the double standards of some of the auuthors. When the article appeared in the Gazette about my case last year, (http://www.publicat ions.parliament.uk/p a/cm201011/cmhansrd/ cm111102/halltext/11 1102h0002.htm#111102 81000004) a number of you were quick to be dismissive. However I have been as much a victim of this form of fraud - and that is what it should be clasaed as - as Frank Wright are in this case. It's not just small businesses that suffer when these people close and restart companies, but private individuals too. In my case, Mr Kiddle of Cavendish Conversions/Loft Conversions, started up a new company of a virtually identical name and moved all assets beyond my reach as soon as he knew a claim was being made against him. Sir Bob Russell MP has been trying to assist me in getting the law changed and indeed it is now with the Department for Business, Innovation and Skills - which the Gazette mentions, but as usual, not in it's true context. Frank Wright are out of pocket by c£1000, for which I am very sorry to hear, however my home has been destroyed and I am out of pocket to the tune of over £90k!! It is only when the law is changed to prevent this kind of criminal behaviour and that these individuals, like Mr Cole and Mr Kiddle are made personally accountable for their actions that this kind of activity will cease. I would also be interested to hear if the esteemed Colchester councillor who condones Mr Cole's actions has ever been the victim of such an individual!!!! I vert much doubt it!!!!
How about safeguarding the council's own interests, Mr. Smith?
Sadly this is not the first company in Colchester in recent weeks to have gone into "administration" in order to wipe their slate clean.
Take a look at BCE Ltd, trading as Town Cars private hire, recently went into administration owing HMRC £373,000 in unpaid tax!! Not including all of the other smaller businesses that were owed, and the assets were bought back for £35,000!! How can this be right?
I have written to my MP Bernard Jenkin twice, who so far has declined to respond, and believe elected councillors or MP's who condone this sort of thing should hang their heads in shame.
I find it difficult to believe this is just in Colchester, so if it is countrywide, the government need to get a grip and stop people like Tony Cole and the directors of BCE from being in business.
wellnow
says...
5:39pm Thu 23 Aug 12
i'll have some a that he said.and he did
and now he's back to do it again.don't hold your breath for any politician to step in they are all of a kind brass necks and plastic balls.
marrtin
says...
9:08pm Thu 23 Aug 12
Is there a code among this sort of people????????????
Its good to see the peoples paper the Gazette promoting the restaurant and giving free publicity, perhaps they think its funny
marrtin
says...
9:11pm Thu 23 Aug 12
Is there any legal people watching this?
Say It As It Is OK?
says...
10:24pm Thu 23 Aug 12
y the system stinks. When registered businesses fail it is the limited company who is responsible and not the individuals. By winding up the old company and putting it in to administration it means this low life Tony Cole can get away with screwing his creditors then he is free to start up a new business, under a new registered company name with all his previous debts wiped clean.
He has the backing of a local Accountancy firm who say, in their advertising, that they are experts in dealing with "insolvency" cases. In other words they are adept at working within the law, questionble though as to them having any morals!
Let's just hope suppliers to the new NUMBER NINE RESTAURANT ON NORTH HILL don't give credit, Colchester Council get the rates upfront and HMRC closely monitor the tax affairs. Most important though is that customers boycott the place so Tony Cole fails once again. The only people who I feel sorry for is the staff. Suggest they look for new jobs as soon as possible.
LeQueen
says...
6:19am Fri 24 Aug 12
jut1972
says...
6:06pm Fri 24 Aug 12
marrtin wrote:No, if you have a contract it is with a specific legal entity, i.e. company. If one entity changes then in theory that contract is null and void. Any invoice will be from one company to another specific company and will be non transferable.
surely, if i have invoiced "number nine restaurant ltd" and they dont pay I can take them to court. Even though they have changed their holding/company name?
Is there any legal people watching this?
marrtin
says...
7:07pm Fri 24 Aug 12
So Number nine restaurant stays the same
Tony Cole stays the same director stays the same
But the work i done in this restaurant don`t get paid??
???
LeQueen
says...
9:10pm Fri 24 Aug 12
Tony Burns
says...
11:22am Sat 25 Aug 12
wellnow
says...
9:36am Mon 27 Aug 12
colchesteressex123
says...
2:12am Sun 2 Sep 12
Skinner1963
says...
8:01pm Mon 17 Sep 12
Caretmark
says...
8:57pm Mon 17 Sep 12
marrtin
says...
9:32pm Mon 17 Sep 12
Scumbags like this needs more than their hands chopped off, perhaps if we all wished for it, it might just happen. It's difficult to steal with no hands!
Say It As It Is OK? says...
6:27pm Mon 20 Aug 12
The many suppliers, like Frank Wright Butchers, just cannot afford to subsidise businesses that go into liquidation, but then mysteriously re-open under a new name with the same people running it. Disgraceful!
Hopefully suppliers and customers alike will get to know what happened and give this restaurant a very wide berth!