On Wednesday 15th January 2020, Win River Developments Ltd was shut down by the High Court in London. This was as a result of a petition filed by a Safe Or Scam client, who was supported by three other Safe Or Scam clients who had filed claims for unpaid rentals and capital.
Win River Developments Ltd is owned and managed by Simon Whittley, aka Simon Whittley-Ryan. He is no stranger to the UK court process. To view our previous article on Simon Whittley please click here.
Another of his companies, Highgrove Osprey PLC, was shut down in August 2019 and a third, St Helier Capital Management Ltd, is in court on 29th January 2020 defending a petition brought by two Safe Or Scam clients, one of whom is almost 90 years old. Simon Whittley has no scruples when it comes to taking money from people. He is also a liar.
We say Simon Whittley is a liar because here is an extract of an email he sent out on the evening of Tuesday 14th January 2020 just a few hours before his court hearing:
“As you will recall, the Company has arranged its senior refinancing and this offer is valid and waiting to be completed……”
“It is also pertinent to advise you that we are working with our insurance company in respect of the claim that the Company has initiated and we will advise, with the consent of the insurance company, on any news in this respect”.
To be fair to the Judge, Simon Whittley was given every chance to back up his statements. Our client had submitted documentary evidence going back more than 12 months listing the company’s repeated promises to pay. It began with promises of payment within a week, then within another two weeks, then within a month, and so on. One year later the same promises were being made. Our client’s representative at the court described the hearing as follows:
Win River Developments Ltd sought another adjournment on the basis of raising finance and insurance payment monies. Counsel for the Company submitted that finance agreements had been signed and they requested a 12 week adjournment to complete.
The Judge had read the history of emails submitted by the petitioner and demanded to see evidence from Win River Developments Ltd proving their statements. At that point an UNSIGNED loan agreement was handed up between a lender and an entirely different company which it was claimed was apparently part of Mr Whittley’s group of companies and was in some way related to Win River Developments Ltd. The connection to Win River Developments Ltd was not explained.
The document was unsigned and not sufficient evidence to suggest that Win River Developments Ltd could pay the petitioner and the other claimants in a reasonable time. [Even if it had been] signed there was no evidence that any monies obtained under that agreement would be allocated towards the debts of Win River Developments Ltd. There was no explanation as to any connection between the companies.
It was noted that the submissions made by Win River Developments Ltd were made very late and that the debts had been outstanding for a long time. It was also noted that the Company had had plenty of opportunity to provide witness evidence to support its assertions, but hadn’t done so. No evidence of an insurance claim had been provided to the court.
The Judge ordered that the Company be wound up.
The Official Receiver will now intervene in the Company and undertake an analysis of the company’s financial dealings and the conduct of the director(s).
Simon Whittley is also the director of Avianta Capital Consulting Ltd, a company involved in raising funds for an airline venture apparently headed up by his wife, Aislinn Whittley-Ryan.