Awards and citations:


1997: Le Prix du Champagne Lanson Noble Cuvée Award for investigations into Champagne for the Millennium investment scams

2001: Le Prix Champagne Lanson Ivory Award for investdrinks.org

2011: Vindic d'Or MMXI – 'Meilleur blog anti-1855'

2011: Robert M. Parker, Jnr: ‘This blogger...’:

2012: Born Digital Wine Awards: No Pay No Jay – best investigative wine story

2012: International Wine Challenge – Personality of the Year Award




Showing posts with label Simon Baile. Show all posts
Showing posts with label Simon Baile. Show all posts

Friday, 28 June 2013

Ex Cellar (Paris): finally some good news for Simon Baile's employees

Rue des Ecoles, Paris (Google maps)

There is good news at last for Simon Baile's employees in France, who worked at his Ex-Cellar shop in Paris at 25 Rue des Ecoles: Ex Cellar (France) was put into liquidation on 28th May 2013 and its employees were made redundant on 11th June. This now means that they are able to look for a new job, while safeguarding their employment and social security rights.

A previous Jim's Loire post on Simon Baile's Paris shop here.

The UK arm of Ex Cellar Ltd (sole director: 45 year old Simon Edward John Baile – DOB: 9.8.1967) went into administration on 28th January 2013. The four Excellar shops still in operation are now owned by a Prebinvest Ltd. The company was formed on 4.10.12 and was initially called Baileco Ltd. The change of name to Prebinvest Ltd was on 14th November 2012. Its sole director is 43 year old Kathryn Baile (DOB: 13.5.1970). The registered office is 145-147 St John Street, London EC1V 4DU – a popular accommodation/virtual office address with mail forwarding facilities. 

Ex Cellar now has four shops: three in Surrey – Ashtead, Claygate and Surbition; and Fulham in London. On the Ex Cellar website Simon Baile is shown as the manager of the Claygate and Surbiton stores.  

Manager: Simon Baile

Simon has been in The Wine Trade since he was in nappies, and was largely weaned on wine courtesy of his father who is a Master of Wine.

Having spent his formative years working in various branches of Oddbins, from the age of 13, he spent his first few years in the wine trade after University garnering experience in wine retail and wholesale, wine importing and also a short stint in the distilleries of Scotland.


During this time his passion for small family wineries from around the world grew. He started Ex Cellar in 1998 in Ashtead, Surrey, and the company has steadily grown over the years. It now has 8 shops in London, Surrey and Paris.

Throughout this time, Simon's belief that the provenance of wine is paramount has remained steadfast. As the company continues to grow he still has a determination to discover new wine makers and bring his customers wines that are both great value and fantastic quality.’

It would appear that Simon Baile is being kept busy as he hasn't had time to update his profile recently – it is now 4 shops not 8 and there is no mention of the Oddbins debacle...  


Some of Simon Baile's creditors might wish that he had stayed 'in nappies'! 
 

Friday, 1 February 2013

Mrs Kathryn Baile to buy the assets of Simon Baile's ExCellar Ltd?


Administrator Stephen Hunt on Linkedin: Insolvency, Litigation, Forensics

On 4th October 2012 a new company called Baileco Ltd was formed with 42 year-old Kathryn Baile as the sole director with a registered office at 145-157 St John Street, London EC1 – a well known accommodation address. On 14th November 2012 the company changed its name to Prebinvest Ltd. From a filing with Companies House on 4th December 2012 Prebinvest Ltd had a declared capital of £18,158.  

Jim's Loire understands that Prebinvest Ltd has lodged with Stephen Hunt of Griffins, the newly appointed administrator, a bid for £75,000 for the assets of ExCellar Ltd. The bid was apparently submitted soon after the administration order was made by a solicitor with the assurance that it represented the true value of the company's assets.

In December 2012 Baile told OLN: “Excellar will still be a family-owned business, it always will be." OLN 14.12.2012.

I assume that Stephen Hunt will use his forensic skills to establish the events that led up to ExCellar Ltd going into administration. Whether Prebinvest was formed specifically last October to take over the assets of the failing ExCellar Ltd or whether it was set up for some other purpose. From filings at Companies House no details were supplied as to the nature of the new company's business.  Was Simon Baile, as the sole director, aware that ExCellar would be unlikely to be able to pay for any orders placed in the latter half of 2012? This would include a substantial order of Champagne. Also w
hether any of the £75,000 bid by Prebinvest Ltd has come from ExCellar Ltd? But I'm sure Mr Hunt knows better than I do the questions that should and need to be asked. 

From Linkedin Stephen Hunt's specialities: 'Fraud investigation, and investigation of claims against professionals for fraud or negligence, including Licensed Insolvency Practitioners. Complex insolvency situations and rescue. International Insolvency.' 



Thursday, 31 January 2013

ExCellar Ltd: why Simon bailed out of the Paris shop

Rue des Écoles, Paris (Google maps)

Turnover in the ExCellar shop in Paris had been in decline for several years – down by a third over three or four years. Not helped by a lack of stock due to suppliers being owed money. I understand that some 35,000€ is currently owed to ExCellar's French suppliers. However, the situation became critical at the end of November/beginning of December 2012 when the Direction Générale des Finances Publiques - service des Impots des Entreprises blocked ExCellar's French bank account with HSBC using a l'inscription de privilege. The French authorities took this action as ExCellar Ltd owed them around 18 months of social security payments for their employees (believed to be in the region of 100,000€) and some six months of TVA (VAT). 

The effect of blocking the account meant that monies taken by the business would go to the French tax authorities until the outstanding debt was paid off, so no chance of a profitable Christmas trading period. As already posted Baile arrived at the shop with a truck on Friday 7th December, emptied the shop and drove back to the UK. The Paris stock was then sold through the UK branches. 

In an OLN news report (14th December 2012) Baile said of the closure of the French shop:  “Next year we will also make changes to our Fulham and Farringdon stores. I would have loved to stay in Paris, but in the end it was just too hard. You can keep digging but then you have to stop.”

Not entirely candid in the light of the freezing of the ExCellar bank account by the French Government! 


        


ExCellar Ltd in administration – a few more details emerging

 The Oddbins shop at Farringdon Street – 
bought by Baile's ExCellar and now in play once more 

A few more details on Simon Baile's ExCellar Ltd going into administration and the events leading up this are now emerging. 

It is believed that the administration order was granted by a court in Manchester. The debt owed to South West Trains, who brought a winding upon order against ExCellars for unpaid rent on the now closed Surbiton Station shop is around £25,000. ExCellar moved to a cheaper site at 18-20 Brighton Road, Surbiton, Surrey KT6 5PQ but the rent debt was not paid.

There are also rumours that a bid of £75,000 to buy the assets of ExCellars Ltd has been lodged with the administrator – Stephen Hunt of Griffins. Apparently the offer of £75,000 is described as being 'a true value of the assets of ExCellar Ltd'.  

It is possible that there may also be a bid from the current owners of Oddbins, who might decide that the large premises at Farringdon, one of the sites bought by Baile from the Oddbins' administrator, could serve as a useful distribution hub to serve their London shops. 

Trade creditors include Les Caves de Pyrene, who are owed around £100,000, and ABS Wine Agencies, who are believed to be in for a substantial amount. In the case of ABS this is off-set by some of the debt being historic from a delivery that was due to go to Oddbins at the time of the collapse that Baile then took on.

Also, hearing that administration was imminent, Mike Awin, a partner in ABS, was able on Sunday to retrieve their stock that was in the ExCellar's Fulham shop. Then on Monday he was able to negotiate with the administrators that ABS stock couldn't be moved from the Ashtead shop until retention of title can shown. Awin was bemused that it needed six people from the administrators to be present at the Ashtead shop to establish which wines had been supplied through ABS. One had travelled up from Exeter. 

I wonder how many administrators would be required to change a light bulb?                     


The shop at Farringdon Street: May 2011 during changeover from 

Jim's Loire understands from sources that on the evening of 7th December 2012 Simon Baile emptied the contents of his Paris shop at 25 Rue des Ecoles. All the stock – apparently worth around 17,000€ before tax, the fridges and display cabinets were loaded into a truck, which Baile drove back to the UK. As the wine was now due to be sold in the ExCellar UK shops in the lead up to Christmas and was not for his personal consumption, Baile doubtless declared the wine at the port of entry and paid any duty and vat due on the stock.  


Jim's Loire also understands that the employees Baile's ExCellar shop in Paris are in limbo as apparently Baile has not yet lodged the necessary paperwork – either a dépôt de bilan or a cessation de paiement –  to close the company down in France, so although the employees are not being paid they are not formally unemployed so can't receive benefits. There will be a hearing before the Conseil de prud'hommes on 6th February. One of the employees has worked for the company for 32 years – originally for Simon Baile's father Nick. 

Wednesday, 30 January 2013

'Retail genius' Simon Baile in administration again

The Farringdon Street Oddbins – one of five shops Baile took on 

Simon Baile's ExCellar Ltd went into administration yesterday. See Harpers report here. Apparently Baile's company was facing a winding up order brought by South Western Trains.

Following the collapse under Baile of Oddbins he bought five shops from the administrator. Some soon closed down – see here.

Thursday, 8 December 2011

Baile out of Surbiton and East Sheen@Ex-Seller

Ex-Cellar shop@East Sheen with closing down sale from Twitpic (newgenwines)  


Reports and pics on Twitter show that two of the five ex-Oddbins shops that Simon Baile's Ex Cellar Ltd bought in May will closing shortly. The East Sheen and Surbiton branches both have closing down 40% off sales. Records at Companies House shows that the latest company accounts are overdue – they should have been filed by 30th September 2011. 

Surbition (photo – Richard Hemmings)

Monday, 14 November 2011

Oddbins: six monthly admin report: money for creditors in future....but no date given



Deloitte has issued (31st October 2011) its six monthly report on the Oddbins' administration, which can be downloaded here. Lee Manning and Matthew Smith are the joint administrators.


Some of the main points:

£495,000 has been returned to the secured creditor on account. All preferential claims received have been agreed. 732 staff were made redundant under administration. Claims on unpaid wages and holiday pay are estimated at £120,000.  N
o unsecured creditors claims have been agreed to date. So far claims total £12.6 million. 


No dividends have been paid to preferential or secured creditors to date. It is anticipated that there will in time be a dividend paid but how much and when is still unknown due to 'unresolved issues' and the ongoing sale of the business. 


The administrators' gross time costs up to 3rd October 2011 total £2,065,964. To date Deloitte has received £1,050,000 renumeration and has agreed to write off time costs of £350,000. £353, 592 has been paid to Squire Saunders & Dempsey (UK) for legal advice. Other professional fees totalling £153,782 have been paid to various companies.

37 stores and associated stock was sold to EFB.


Goodwill and intellectual property sold to Layburn Enterprises Ltd.


One store in Scotland was sold to B & GS Landa Ltd.


Five leaseholds were sold to Simon Baile.


Two leaseholds to Amathus Drinks plc


Leaseholds and stock on four Irish stores. 


As required under law the administrators investigated the director's conduct and submitted a confidential report to the Insolvency Service on 28th September 2011. 


'The Administrators are aware of a number of transactions with Ex Cellar Limited, a company controlled by Simon Baile, a Director of the Companies, during the two years prior to appointment. The review of these transactions remains ongoing.'


   



Saturday, 11 June 2011

ex-Oddbins employee not amused by wine offer from Simon Baile

Dear Jim,
 
I am the ex-manager of Oddbins Westminster.
I have just got this email from Simon, which I consider an ultimate insult from the person that is responsible for the demise of our company.
I have not found back a job in the wine industry yet, and the market doesn’t look very good for ex-oddbins employees. I hold him personally responsible for the financial difficulty I am in (and I really am…) and cannot believe the cheek of it.
 
Anyway, I thought you might want to publish this, if you do, feel free to include my name.
 
Yours sincerely,
Gwenole Quiel
From: Simon Baile [mailto:simon@excellar.co.uk]
Sent: 10 June 2011 18:55
To: gwenquiel@
Subject: Ex Cellar 35% Off Wine Voucher



































"In quick time they were at the wine-pipe; for a moment the new hands seemed at a loss for the means of getting the wine to their mouths; but the "wide-a-awake" boy sliped (sic) off one of his shoes in a twin­kling, dipped it into the cask and drank.

"Drink, you devils, drink!" he said; "its all one how much you drink, only don't get drunk!" And again he filled his shoe, and again he drank. The previous debauch in con­nexion with the new, soon tum­bled him on the ground; and he lay there gradu­ally sinking into stupidity; but, as he took his leave of conscious­ness, he admon­ished the others to take care of themselves; to take as much as they could rightly carry; but not to get drunk, saying, as he sunk lower and lower him­self, "Fill your boots, boys-fill your boots! Give me one small drop in a shoe to make me well again, for I'm- I'm-."

Alas, poor hu­manity! There lay in the deep­est degradation, as good a fight­ing soldier, and, when he could not get drink, as cleanly and ac­tive a fellow as ever the English army pos­sessed."























* Terms and conditions apply: purchases must be made by people over 18 - offer is subject to availability - a valid email address is required - offer only applies to wine - no further discounts - other discounts & deals do not apply



Interesting discussion on Tom Cannavan's Wine Pages' Wine Forum over whether the sending of these emails has contravened the Data Protection Act.
 

Tuesday, 24 May 2011

Oddbins: tale of two shops + Deloitte's report

Oddbins: Farringdon Fine Wine shop

Quick trip today up to the Holborn Viaduct area of London to look at two contrasting Oddbins shops. Firstly Farringdon, the shop under the Holborn Viaduct, which was the original fine wine branch. This is one of the five acquired recently by Simon Baile's ExCellar chain. There were signs of activity inside presumably in preparation for reopening.

Other shots of Farringdon store (above and below)


The old Chancery Lane branch is just a short distance away – closed and for the moment it has no new owner. It would seem that the Chancery Lane staff and Oddbins' senior management did not part on the best of terms.


Staff choice – sin bin: Simon Baile and Henry Young




'When it's gone, it's gone!'
Bins Ends in Lambs Conduit Street recommended

A report (20th May 2011) from the administrators at Deloitte can be downloaded from their site here.

Sunday, 22 May 2011

From Oddbins to Nobbins: some reflections

The old Inverness branch, which used to have a fine selection of malts

(On 4th April 2011 Oddbins Ltd, a UK national wine merchant chain, went into administration owing over £22 million including £8.6 million in tax and excise duty. Oddbins was founded in 1963. In the 1970s Dennis Ing and Nick Baile bought the company. Then in the 1980s it was bought by Seagrams, who sold it to the French drinks company Castel in 2002. In what proved to be the final change of ownership Simon Baile, Nick Baile’s son, and Henry Young acquired Oddbins in August 2008 through Ex Cellar Investments Ltd.)

Who’s to blame?
“Beware the son!” warned a senior member of the wine trade in mid-April during this year’s Decanter World Wine Awards.

There are plenty of examples of sons of successful fathers driven to emulate or cap their father’s achievements. All too often it ends in disaster as Oddbins has for many – staff, suppliers plus UK citizens through the £8.6 million owed to HMRC.

When Simon Baile bought Oddbins in August 2008 was he blinded by sentiment? Did he do his due diligence properly? Did he have a carefully considered plan detailing how he was going to reverse the decline of Oddbins under Castel and how he would find a way of being different from the supermarkets that would also be profitable?

It is all too facile to blame the supermarkets and the public’s love of a bargain for the final collapse of Oddbins. It won’t wash. In August 2008 the challenge posed by the supermarkets was known all too well – wine merchants Unwins had already collapsed and Threshers (First Quench), the UK’s largest wine merchant chain, was decidedly sickly and would be in administration just over a year later. Baile and Young should have been well aware what they were taking on. Baile’s subsequent complaints about hidden clauses in the deal with Castel, which gave Baile and Young Oddbins without putting any of their own money up, only suggest that they failed to do the necessary due diligence and didn’t read all the small print.

In a deal typical of the era Oddbins lent them the money to buy itself through their company – ExCellars Investments Ltd. This arrangement was memorably described in the High Court on 4th April as ‘a whitewash procedure’.

It may well have been that Baile and Young hoped that once they had secured Oddbins that they could attract investors to join them. It wasn’t their fault that the long boom hit meltdown in September 2008 just a month after they struck the deal. But even given the changed landscape were they able to offer enough to attract investors in the changed times? Did they offer equity in exchange? Did their apparent reluctance to put their own money on the line deter investors? Did investors have sufficient confidence in Baile’s abilities?

Did they decide that he was trying to punch well above his weight – that he was out of his depth as subsequent events appear to bear out?  

The lack of investment is now all too clear. Oddbins is often feted for its quirky charm. But, today, looking at the state of the shops, admittedly now closed, it is obvious that they were shabby, run-down and badly in need of a facelift. 

Unrealistic discounts and virtually no net presence
Baile and Young chose to offer significant discounts for buying a dozen bottles or more, while putting a high price on smaller purchases. This was later reduced to a discount on six bottles.

This policy might have worked if the shops had good car parking facilities along the lines of the Majestic Wine Warehouse model. However, the majority of the Oddbins stores were on the high street with no parking facilities, so few people could take advantage of the discounts. Inevitably customers felt they were paying well over the odds for single bottle purchases. 

Although this pricing policy was widely criticised, Baile and Young stuck with the principle.

The net
Oddbins failed to embrace the net, leaving the field open to more nimble and switched on operators like Naked Wines. I suspect that Baile just did not understand its potential. Soon after the Baile-Young takeover the Oddbins’ the majority of the wines shown on the Oddbins’ site were listed as unavailable, which immediately gave the impression, rightly or wrongly, that the company was having problems sourcing stock.  

2010: on the slippery slope
Oddbins’ financial position deteriorated sharply during 2010.
  
Oddbins’ balance sheet plunged into the red during 2010 dropping £6.3 million in 10 months. By October their net assets were in deficit by £2.6 million.

The trading position of the stricken drinks company deteriorated dramatically during the 2010. In December 2009 the company’s balance sheet showed net assets, after removing the debt owed by Ex Cellars Investments Ltd, of £3.7 million. By February 2010 this had dropped to £2.15 million and continued falling to £491,000 in June and by September it was minus £1.85 million before dropping nearly another £1 million by mid-October. It is understood that the equivalent position in 2009 was a surplus of around £3.4 million.

Over the same 10-month period amounts owed to trade creditors increased as did the debt to HMRC for unpaid duty and PAYE. It is also known that an increasing number of UK agencies and importers as well as producers around the world were either declining to supply or requiring cash with orders.

The balance sheet suggests that Oddbins was in very serious trouble by October-November 2010. It may well be that Simon Baile and Henry Young pinned many of their hopes on being able to trade into a more favourable position by a spectacularly good Christmas.

It is understood that, under Castel, Oddbins had typically seen a big spike in sales, believed to be in the region of £2 million, close to Christmas. Under the new regime this had not happened in either 2008 or 2009. But perhaps 2010 would be different!

However, putting a big promotional campaign together for Christmas 2010 would doubtless have been a real challenge given the number of suppliers now declining to supply as well as those who had been supplying presumably getting increasingly concerned, angry and frustrated that their bills were not being paid despite assurances that their accounts would be settled.

In the event there was no big 2010 Christmas campaign. Instead there were complaints from the staff of shortages of stock that would get steadily worse in the chain’s last few months.

Early in 2011 Baile and Young called in Spectrum Corporate Finance to try to save the business. But it was too late: the debts were around £22 million including £8.6 million owed in tax and excise duty.  

Was the CVA viable?
It is now apparent Deloitte, the administrators, have only been able to sell of the Oddbins’ branches piecemeal with the largest chunk (37 shops) going to EFB, which will trade as Whitalls. Baile has now bought five shops. Clearly even the slimmed down version of Oddbins has not been considered to be viable. This must surely call into question the assumptions made in the CVA. Had the CVA been accepted, it seems all too likely that Oddbins would have run up further debts. HMRC (Her Majesty’s Revenue and Customs) look to have been right to reject the CVA.       

Oddbins – winners and losers
Now that the Oddbins’ saga appears to be nearing its end, it’s time to take stock and consider the winners and losers.  

The staff
The staff has long been some the real assets of Oddbins. Alone among their competitors, Oddbins were the only wine street chain in their heyday to get their staff training right. They attracted keen, knowledgeable and enthusiastic staff – ready to share their enthusiasm with clients. A number of the current leading members of the UK wine trade served their apprenticeship at Oddbins. 

Sadly the staff appear to have been the most notable losers in the Oddbins debacle. Some of those made redundant have worked for Oddbins over many years and some clearly feel betrayed by Baile as comments on twitter and my Jim’s Loire blog show. (http://jimsloire.blogspot.com/2011/05/simon-baile-acquires-five-shops-from.html)     

Simon Baile and Henry Young
Financially Baile and Young must be counted as winners. Both drew salaries of £150,000 a year – admittedly not a huge salary but considerably higher than shop managers. Three of Young’s daughters worked for the company.

However, the debacle has certainly bruised their reputations both men with their disillusioned ex-staff and the wine trade, in particular those suppliers owed substantial sums by Oddbins. 

Suppliers
Several wine importing companies took very big hits in the collapse of Oddbins – prominent among them Hatch Mansfield (£310,000) and Pol Roger UK (£273,612). Some companies feel that they were misled over the true position of Oddbins in 2010 and report that promises of payment were made to them that were not realistic.

A director of one of major creditors told me that they will be happy to supply Whitalls, especially as Emma Nichols, ex-Oddbins, is joining them as wine buyer. They will, however, be more reluctant to supply ExCellars.  

ExCellars Ltd
The company, which was founded in September 1998, had two stores (Ashtead and Paris) in August 2008 when Simon Baile bought Oddbins. During his tenure with Oddbins Baile added another two branches to ExCellar – Claygate and Fulham Road, London. Very recently Baile has bought a further five stores from Deloitte, the administrators, taking the chain to nine stores. The additional stores are Canonbury, East Sheen, Farringdon, Surbiton and Summertown (Oxford).   

It will be interesting to see how Baile manages the expansion of ExCellars – what staff he can attract and how easy it will be to find suppliers prepared to sell to him on favourable terms.  

Will lessons from Oddbins be learnt?
When I spoke to Baile on 17th May he appeared to indicate that it would be more of the same: "Our first task is to get the shops, which have now been shut for a few weeks, trading again, to get a team together and get energy back into the stores. We intend to continue to do what we do best: to offer interesting wines from small independent growers."

Some of the signs are not promising notwithstanding that ExCellars Ltd has been trading since 1998. The pricing policy is the same as Oddbins, the website is dated and the company has been slow to comply with UK company law.

Pricing
ExCellars offers a discount on six bottles but single bottle purchases tend to be expensive. The 2009 MD from Henri Bourgeois costs £24.99 a bottle on six bottles the price is reduced to £19.99. See www.excellar.net/onlinePriceList.html However, the same wine can be bought for £18 from wine2laydown.com (www.wine2laydown.com)

Internet
The current ExCellars Ltd site is clunky, old fashioned and kept up to date – there are still tastings listed from earlier this year.  To date wine cannot be bought on-line.

UK company law
On 11th January 2011 UK Companies House issued a first gazette against ExCellar Ltd for failing to file its accounts on time so being in breach with UK company law. This is the first step to dissolving a company. The offending accounts were speedily filed and the dissolution notice has been withdrawn.

Baile has declined to talk of the finance required to fund the expansion but the five shops will need to be restocked, renovated and rebranded.

À suivre!