Sunday, 28 March 2021

Avocet patent sale could pay chairman's £3 million 'debt'

 by EWAN LAMB

Some of the proceeds from a $100 million intellectual property sale might be used to settle a sizeable debt should Avocet Natural Capital chairman Martin Frost be found liable by the courts for a £3.25 million advance from a finance company.

Details of the possible arrangement are included in a witness statement Mr Frost has lodged in the County Court at Leeds where United Kingdom Agricultural Lending Ltd [UKALL] are petitioning for his bankruptcy. The businessman strongly denies that he should have to make payment and has urged the court to dismiss the petition.

When the case was called last week proceedings were adjourned until later in the year.

Now Mr Frost has provided hundreds of ANC shareholders with copies of court papers, including a document titled his third witness statement, dated March 17th and which runs to nine pages.

In it he disputes UKALL's submission that the £3.25 million mortgage (plus interest) to purchase agricultural properties in Berwickshire had been made to Avocet subsidiary Orrdone Farms Ltd with both Mr Frost and his wife as guarantors. Orrdone has been in the hands of administrators for over a year.

However, the redacted witness statement provided by Mr Frost to investors states in a section headed Payment of Debt:

"As is prior noted, should I and my wife be found liable to make payment under the guarantees to UK Agricultural, my wife and I have a number of payment sources:

"(1) From my recorded loan (as per the filed accounts) of some £6 million in Avocet IP Limited. Cash payment would derive from Avocet IP Limited selling off part of its intellectual property portfolio which was independently valued by (valuers) Coller IP in December 2019 as being worth between £50 to £400 million. Note: there is a pending transaction with XXXXXXX for the purchase of the ‘jet fuel from air’ intellectual property (as seen on TV & You Tube) for $100 million US dollars to conclude mid-April 2021.

"(2) From the underwriting given to me and Janet from the companies and shareholders of ANC Plc and Gennfros Limited [Mr Frost is a life president of this recently formed business] – such underwriting being enshrined in the companies’ articles of association. Note: (a) both companies have considerable net worth with significant wealthy shareholders and (b) Gennfros Limited, via its patented green fuel which is cheaper and cleaner than electricity has a projected value of over £200 million and should obtain a share listing in early May 2021 – talks are advanced with XXXXXXXX (xxxxxxxxxxxxxxxxxx) for xxxxxx to take up some 40% of Gennfros Limited equity via xxxxx Singapore based private equity companies.

(3) From private and family sources – full delineation can be made".

In a separate shareholder letter issued by Mr Frost in recent days he claims the Avocet and Gennfros businesses have spent almost £800,000 on lawyers, accountants and consultants over the past 15 months even though both companies have yet to generate any income from the 'revolutionary' green fuel. It has been in the research and development phase by the Group since 2014.

Avocet Natural Capital's predecessor parent company Omega Infinite - now in liquidation - also spent significant sums on law firms. Shareholders were advised by Mr Frost in February 2020 that Omega's creditors included London-based solicitors FieldFisher (£400,000) who petitioned to have Omega wound up, and Womble Bond Dickinson, said to be owed £600,000 and described as likely supporters of the petition.

As we reported earlier this month, a statement of affairs from Eric Walls, joint liquidator of AFS Ventures Ltd (Mr Frost is the sole director of that company) noted that an outstanding bill from Womble Bond Dickinson for £110,000 for specialist advice linked to the liquidation had not been paid.

Sunday, 21 March 2021

Liquidator's report sparks bitter row

by DOUGLAS SHEPHERD

Doubts over the ownership of the 'avocet' innovative fuels intellectual property have been expressed following publication of a report this weekend by the joint liquidator of AFS Ventures Ltd., a company with businessman Martin Frost as its sole director.

The report by Eric Walls, of KSA Group, appeared on the Companies House website soon after Mr Frost, chairman of Avocet Natural Capital [ANC], circulated details of a $100 million sale of that firm's 'jet fuel to air' intellectual property (IP) to unnamed American buyers. The deal is scheduled for completion next month, according to Mr Frost.

Mr Frost gave details of how the cash from the IP sale would be allocated with $8 million going to Avocet IP Ltd's creditors and $10 million being used to pay UK Corporation Tax. In addition some $5 million is to go to pay off Omega Infinite plc (in liquidation)'s creditors. After deductions, Mr Frost calculated there will be $56.6 million available for ANC shareholders.

In November 2020 Mr Frost told ANC's 600 shareholders in a letter that a share convertible loan of £2.1 million from 'new investors' would: "Put Begbies [Omega's liquidators] into funds so that the Omega Infinite Plc restoration process to the Company House Register can begin" and "pay off certain Omega creditors especially AFS Ventures Plc".

Innovative fuels specialists AFS Ventures was the subject of a so-called solvent liquidation in 2015 when a Declaration of Solvency, signed by the company's directors, including Mr Frost, estimated the IP's value at over £4 million, sufficient to pay off creditors and costs with more than £1 million to spare.

However, in his 2020 statement of receipts and payments, Mr Walls warned that with regard to the sale of the IP: "the liquidators now have a considerable concern as to whether this full level of consideration will be paid.

"It may prove necessary to convert this liquidation from a solvent liquidation to an insolvent liquidation. If this does prove necessary, then this could have serious consequences for the company's directors and for its shareholders".

The new report from Mr Walls confirms that the conversion to a creditors' voluntary liquidation will now take place. Substantial costs remain outstanding.

In a reference to the consideration for the business and its IP, Mr Walls writes: "Due to the commercial sensitivity of both the negotiations and the final agreement eventually reached between the parties concerned these matters will not be discussed further in this report."

But later he observes: "Shareholders should note that monies remain outstanding in respect of this sale [the IP] and as such full title to the IP referred to in the sale agreement has not fully passed to the prospective purchaser. This matter may well become subject to legal action".

The report also reveals that specialist law firm Womble Bond Dickinson, called in to advise the liquidators of AFS Ventures, are owed £110,000 while Mr Walls and his colleague conduction the liquidation are due £30,000. There is concern, says Mr Walls, that neither of those amounts may be paid. In a summary of receipts and payments the IP settlement is recorded as £681,383.60.

The appearance of Mr Walls' report resulted in a post on the Avocet Shareholders Forum by 'FDF' which claimed in what appeared to be a direct challenge to Mr Frost: "You never got around to actually completing the purchase of this IP from AFS Ventures Plc. In what must be incredibly bad timing for you, the AFS Ventures liquidator has just released his January 2021 Report on Companies House. Sorry, but I am afraid no buyer is going to spend US $100M on IP whose ownership is very much in doubt."

Those claims were dismissed as 'sour grapes fiction' by Mr Frost in another newsletter to shareholders.

He wrote: "In truth, the liquidator’s statement was composed by solicitors Womble Bond Dickinson from notes left by Avocet shareholder, retired solicitor John Pennie who had submitted an excessive and disputed fee note. 

"Such note was superseded by an agreement between Mr Eric Walls (liquidator of AFS Ventures Plc) and (lawyer) Mr. Kit Jarvis acting for Omega Infinite Plc. when full IP title was granted to Omega Infinite Plc. The issue of Omega’s debt outstanding to AFS Ventures Plc was fully explored by our US IP purchaser and consequently full payment for any outstanding due from Omega Infinite Plc is prior noted: ‘To Omega Infinite (mainly for Omega creditor payments) - $5,000,000’. 

"As with FDF’s other half-truths, FDF is being mischievous and prompting doubt where there is none."


Friday, 19 March 2021

Avocet franchising network to be dismantled

 by EWAN LAMB

A collection of dormant companies which was to have played a crucial role in a global franchising network for the Avocet "revolutionary fuel" business group is set to disappear following a string of applications to Companies House to have the subsidiaries struck off the register.

In total, Avocet Group management have lodged 13 such applications this week which means names such as Avocet Americas Ltd., Avocet Middle East Ltd., and Avocet East Asia Ltd. will be dissolved without ever having traded.

The various subsidiaries of Avocet Infinite (now Omega Infinite in liquidation) were only incorporated in 2018 and 2019 after hundreds of shareholders who invested in the 'avocet' fuel concept were told each overseas franchise would be worth around £20 million. To date none of the alternative fuel has been offered for sale six years after the group was set up.

As recently as July 2020 a shareholder letter issued by Avocet Natural Capital chairman Martin Frost explained that plans for a so-called master franchise company to manufacture and sell the Avocet brand in the United States were proceeding. Mr Frost told them that both ANC Plc and its associate Avocet NC Limited had taken and were taking in new investors.

According to Mr Frost: "Good progress is forthcoming from the Avocet Master Franchise company, Avocet North America Plc. The old AFS Ventures Plc US subsidiaries Avocet Inc. and Avocet Solutions Inc. (formulated by US presidential candidate, Joe Biden) are being de-mothballed. Funding for Avocet North America Plc is in place – partly being provided by the Frost family. Note: master franchise payment of £1 million sterling shall then be sent to Omega Infinite Plc."

A 'highly confidential' Information Memorandum (IM) produced by Avocet in November 2018 in a bid to attract investors set out in detail how the network of franchises would work, each of them forecast to bring in £20 million to the Avocet coffers via deferred payments. 

This is what the IM told its readers: "Avocet Franchises are at various stages of development, with some still at the concept stage. These franchises will enter into a master franchise agreement with Avocet IP to use, commercialise and share intellectual property in different territories.


"The franchises will be purchased from Avocet IP upon a lease purchase agreement. Additional funding into Avocet IP will be generated from royalties... It is anticipated that the cost per franchise will be at least c. £20 million, to be paid on a deferred basis. Among other things, this franchise agreement entitles the franchise holder (subject to conditions) to receive 7% of the distributed income from Avocet IP, implying a minimum arm’s length valuation of c. £285 million for Avocet IP.

"In total, the Company intends to establish seven franchise companies with different economic territories and economic terms with Avocet IP. These franchise companies are: Avocet Fuel Systems Plc – based in the UK; Avocet Bio Solutions Plc – based in the Republic of Ireland; Avocet Africa – based in Geneva; Avocet Americas – based in Panama; Avocet Middle East – based in Dubai;  Avocet Eastern – based in Islamabad and Singapore; and Avocet India – based in Mumbai."

The full list of  Avocet brand companies with incorporation dates which are the subject of applications to strike them off the register:

Avocet Middle East (8/7/2019); Avocet Japan (18/3/2019); Avocet Russia (18/3/2019); Avocet Pakistan (18/3/2019); Avocet East Asia (18/3/2019); Avocet India (18/3/2019); Avocet China (18/3/2019); Avocet Americas (27/7/2018); Avocet Infinite Solutions (29/6/2017); Avocet Research Developments (28/6/2017); Avocet Infinite Foods (28/6/2017); Avocet Renewable Operations (27/6/2017); and Avocet Marine (15/2/2017).

However, in a newsletter dated March 18th (yesterday) Mr Frost was able to report: "The ‘Jet fuel to air’ intellectual property sale is proceeding well and Avocet IP Limited is due to receive $100 million US dollars on Monday 12thApril. The allocation of this $100 million shall conclude on the 19th March and an ANC Plc share dividend is likely."

Monday, 8 March 2021

La Gala Nostra "stitching up" Avocet group

 by DOUG COLLIE

A branch of the Scottish Borders mafia - now dubbed La Gala Nostra by witty observers - is colluding to 'stitch up' Avocet Natural Capital plc, according to the company chairman Martin Frost.

In a self-confessed six page 'rant' circulated to ANC's long suffering shareholders, Mr Frost brands Bill Chisholm, the retired journalist who runs this blog site as the Goebbels of the Scottish Borders.

The controversial businessman hurled a similar insult at Chisholm a day earlier following our factual article based on a report from the joint administrators of insolvent Avocet subsidiary Orrdone Farms Ltd.

Avocet management has since called for the critical report by the administrators to be taken down from the Companies House website, and administrator Emma Porter to be removed from her post. It is claimed by Mr Frost and his fellow directors that Ms Porter's appointment to the farming business was and is invalid.

Here in full is the opening paragraph of Mr Frost's newsletter dated 7th March and headed A rant against those who seek to defraud Avocet: 

"OK, though the enclosed has a light-hearted side, these people truly seek to stitch us up. Consider further: Mr. William Cleghorn is Ms. Emma Porter’s partner in Aver. As prior noted, Ms. Porter remains the sole unlawful Administrator of Orrdone Farms Limited. Both Porter & Cleghorn along with Ms. Gina Johnston, the Scottish Borders Goebbels, Mr, W. Chisholm, and the Sin Bin Forum munchers are part of the Scottish Borders Mafia (Galashiels Branch) where one finds in-dweller, the lovely lady Mistress Aileen Orr. Problem is that these people have the inward smug hubris of a self-satisfied missionary lynch mob."

A disillusioned shareholder who invested a significant sum in Avocet in the belief that the company would soon be highly profitable after marketing a revolutionary brand of vehicle fuel told us: "We've had excuse after excuse from Mr Frost and his colleagues for the non-appearance of the wonder fuel these last two or three years. Now it appears the Galashiels branch of the mafia - La Gala Nostra rather than La Cosa Nostra perhaps? - is to blame. What utter hokum".

The text of Mr Frost's letter - like so many others - reserves much of its venom for members of the farming Orr family, based in rural Berwickshire.

He writes: "From the Galashiels mafia’s myopic and self-satisfied viewpoint, these people do believe that the Orr family is not only central to Avocet and its funding, but Andrew Orr and John Orr were Avocet’s concept creators. Furthermore, pivotal to their actions is their underlying false belief that you and I are attempting to steal the Orr creation.

"If attempting to destroy Avocet is not enough, the Galashiels Mafia seeks to damage individuals who they believe are associated with Avocet. On this their obvious target is me, but currently they move onto unfortunate others".

The directors of Orrdone Farms have also sent Avocet investors a nine-page rebuttal of the administrator's latest report.

According to the Orrdone board: "The Joint Administrators state that the sum due to the purported secured lenders [UKAL Ltd] is £3.25miIIion plus interest and charges. As at the date of their report they state that the total sums due to the purported Secured Creditors including interest and charges from their Statement 31 December 2020 stands at £4,497,019.67."

But the rebuttal states: "The directors are of the belief that the statement of the Joint Administrators has no basis in law or in fact. No loan was ever made by UK Agricultural Lending Limited to Orrdone Farms Limited. Orrdone Farms Limited has never owed any money or obligation to UK Agricultural Lending Limited."

Bill Chisholm commented: "First Mr Frost 'accused' me of being a well known Scottish Nationalist, and my elderly wife's Facebook account was hacked in a bid to make that allegation stick. Now he bestows the dubious honour on me that I'm a Joseph Goebbels type character, and at the same time a member of a mafia cell plotting his downfall. Quite an exciting life for a frail old pensioner!

"Perhaps I should also explain that I've never met any other of the members of The Mob (Galashiels Branch) named in Mr Frost's 'rant'". 




Saturday, 6 March 2021

Workers' woes following Orrdone crash

 by DOUGLAS SHEPHERD

The plight of some staff members at a 'revolutionary' Borders-based agricultural business which suffered financial meltdown last year is laid out in detail by joint administrators in a progress report to dozens of creditors.

Orrdone Farms Ltd., part of the Avocet group of companies, had boasted of changing the face of agricultural production with its 'cutting edge' methodology. But it has since been revealed that the assets of the firm were sold to stable mate Omega Infinite plc for £1.9 million in May 2019. At that point Orrdone ceased trading.

Joint administrators Jeanette Brown and Emma Porter's latest report shows that apart from unsecured creditors who claim they are owed just over £1.9 million, four ex-employees have lodged claims for £33,195. Meanwhile the debt due to agricultural lenders UKAL Ltd. is quoted at well over £4 million.

The report says: "At the outset of the administration we were told by the director Martin Frost that Orrdone Farms Ltd no longer employed any staff. The Company Secretary [Eirlys Lloyd] confirmed this fact and informed us that following cessation of the company's trade in May 2019 all employees on the payroll records of the company at that time were either made redundant or transferred to the employment of other companies in the 'Avocet' group".

As we reported recently the administrators say Mr Frost and all other directors of Orrdone have been uncooperative in the investigations which have followed the insolvency of the business. Court action is in progress in a bid to enforce cooperation so that the financial affairs can be fully explored.

According to the report: "The joint administrators examined the limited payroll information which ws received from Ryecroft Glenton [Orrdone's former auditors]." Follow up queries to RG confirmed they did not have any information relating to subsequent payroll agents after May 2019; and RG were unaware which other companies in the group subsequently employed the transferred Orrdone staff.

"Unfortunately RG were not in possession of any background in the form of employment contracts, terms or rates of pay etc., and therefore it was not possible to substantiate holiday entitlements, notice periods or whether the employees were indebted to the company in any way (a matter which has been suggested on the numerous communications to which the joint administrators have been made aware".

And the report also states: "Of the employees who received their forms P45 in May 2019 we understand that some did not receive the outstanding wages and redundancy pay due to them and therefore successfully took their cases to the Employment Tribunal Serivce and received a settlement for their claims.

"We have continued to receive communications from other ex-employees as they have either not received their forms P45 or been provided with details (i.e. the name) of their subsequent employer. It is impossible for the joint administrators to substantiate any outstanding employment claims due to the lack of, or consistent information available".

A total of 157 potential unsecured creitors have been identified from 'incomplete records', say the administrators. Of these 25 have submitted proof of debt with a total value of £862,386 plus claims from Her Majesty's Revenue & Customs [HMRC] and three other public sector bodies totalling £621,476.

"It should be noted that of the 156 names identified from a reconstruction of records 29 companies appear to be part of the Avocet Group, but none have submitted claims in the administration".

Friday, 5 March 2021

Covid-19 heralds return of the poacher!

 by DOUG COLLIE

A generation ago a veritable army of salmon poachers were making life hell for the overworked team of River Tweed water bailiffs tasked with protecting fish stocks for the legitimate angling fraternity who paid handsomely for their sport.

At the time hundreds of 'illegal' nets were seized during night time patrols of river banks across the Scottish Borders. And a hard core of poachers gained notorious reputations as they somehow managed to outfox the men from the River Tweed Commission [RTC].

But more recently the level of poaching activity has dwindled to a mere trickle with the salmon and trout left to their own nocturnal devices.

However, the 2020 RTC annual report submitted to salmon fishing proprietors this week records more than 50 incidents of illegal activity last year with 13 gill nets seized and a number of miscreants dealt with by the courts. And fishery officers as they are now known 'struggled at times to keep up'.

Karl Ferguson, RTC's Head Fishery Officer writes: "During the strict lockdown period of April and May, most people complied with the government restrictions with the team only having to respond to minor incidents around the catchment. 

"As restrictions started to be relaxed on both sides of the border illegal fishing activity significantly increased around the catchment. With incidents reported from all over, the team struggled at times to keep up. This was a trend experienced throughout Scotland and the rest of the UK."

He explains that In preparation for the 2020 season, the enforcement team adopted an enforcement recording app that had been developed by the River Dee enforcement team. The app, which is on all enforcement officer phones, can be used to record information relating to offences and reports from around the catchment.

There were 52 significant incidents, 35 on the main river itself with others spread across tributaries. Equipment used included spinning tackle, fly tackle and gill nets.

According to Mr Ferguson: "The most common illegal activity encountered by the team during 2020 was people fishing without permission. This became a major issue during the relaxation of Covid19 restrictions. This was partly down to the lack of outlets being open to obtain permissions but also people just being desperate to get out of the house. 

"Many of the offenders had very little fishing experience and were oblivious to the fact that they required permission to fish. The enforcement team tries to educate rather than charge in many of these circumstances. Seven individuals were reported to the Procurator Fiscals Office in Scotland for various poaching offences, while others were dealt with by verbal or written warning from the RTC.

Mr Ferguson says reports and signs of illegal netting activity in the Tweed Estuary began to increase towards the end of May, this coincided with large numbers of salmon and sea trout entering the system on each tide. The enforcement team seized thirteen gill nets, 10 salmon and one sea trout during 2020. Four persons were charged in connection with the illegal netting; they subsequently appeared in Bedlington Magistrates Court in September. Each was fined just under £400 and banned from Hallowstell Beach [at Berwick] for 2 years; "this was a significant and welcome improvement on previous sentences".

The RTC equipped all the enforcement team with thermal imaging binoculars during 2020. Mr Ferguson writes: "They have proved to be invaluable when carrying out night operations. The events taking place in darkness can now be recorded and used as supporting evidence.

As we reported at the end of the 2020 Tweed salmon fishing season in November anglers enjoyed a much more successful year than any since 2013.

The RTC report shows: "The total rod catch of 9,614 represented a 67% increase on the previous year with the months of June, July, August and September being particularly productive. The sea trout catch was still good at 1872 albeit that this was slightly down from the previous year’s figure."



Thursday, 4 March 2021

Liquidation into its fifth year

 by DOUGLAS SHEPHERD

Readers who have been with us for some time may recall the Scottish Borders Council waste disposal fiasco involving their penniless 'specialist contractors' New Earth Solutions Group and a linked offshore investment fund by the name of New Earth Recycling and Renewables plc (NERR), the supposed funders of a £21 million state of the art processing plant at Easter Langlee, Galashiels.

The £80 million deal, signed in 2011, collapsed in disarray in February 2015 after it became clear that both NESG and the Isle of Man-based NERR fund was insolvent and heading for liquidation. The treatment plant was never built and Borders council taxpayers were left with a whopping £2.4 million bill for the council's involvement in the misadventure.

NERR finally succumbed to financial meltdown in July 2016 when joint liquidators from accountants Deloitte were appointed to oversee an organisation with debts/liabilities of at least £113 million.

The liquidators were quick to warn that 3,252 investors in NERR were likely to get nothing back once the mess was sorted out and liquidators Alex Adam and David Craine were paid for their work. Then information obtained via Freedom of Information showed it had been stated as early as 2013 that the funding from NERR for Easter Langlee was no longer available meaning the ill-fated Borders venture had no funder of last resort from that time.

A new update to creditors by the joint liquidators, posted on the Deloitte website, indicates the investigation into NERR, funded by the Manx financial industries regulator, is still a long way from reaching a conclusion more than four and a half years down the line.

The report explains: "The role of the Joint Liquidators is, in the circumstances of this case, to investigate the reasons for the failure of NERR, determine whether liability for the failure can be attributed to one or more parties, and thereafter to consider whether there are viable claims, which can be brought against those parties."

It has already been revealed the liquidators have been sifting through some 200,000 documents linked to NERR's business activities. The fund was part of the Premier Group (Isle of Man) Ltd which also went belly up several years ago.

Under the heading Investigations the new report states: "The Joint Liquidators, in concert with our legal advisors, have continued to progress our investigations into the roles of other advisers to the Company. In respect of those investigations, since our last update we have obtained, and are reviewing, further documentation. 

"We are also in the process of updating our findings for this new information for review by our legal advisers and, ultimately, obtaining formal counsel’s opinion as to whether there is a commercially viable claim which has a realistic chance of success, and which – if successful has the prospect of resulting in a return to investors. We are unable to provide further details at the present time due to the risk of prejudicing any possible future action, however we will provide further information as and when we are able to."

The NERR fund was promoted by so-called Independent Financial Advisers in countries around the world. Stories have emerged of investors losing their life savings, pension funds and their homes following the disastrous collapse.

A significant number of cases against advisers have been taken to the Financial Ombudsman service while others are included in claims being lodged in Court by law firms.

 

Wednesday, 3 March 2021

'Uncooperative' Orrdone directors face enforcement action

 by DOUG COLLIE

Legal action seeking to enforce all four directors of an insolvent company from the Avocet stable to co-operate with the firm's administrators is underway as one of the Borders farms where ambitious developments were planned is up for sale with a valuation of £950,000.

Meanwhile the joint administrators of Orrdone Farms Ltd., previously trading as Avocet Farms Ltd, are seeking to recover £1.9 million from the liquidators of Omega Infinite plc, another business which operated as part of the Avocet empire.

The tangled nature of financial arrangements uncovered at Orrdone Farms is set out in a progress report to creditors by administrators Jeanette Brown and Emma Porter who have had to ask the Court for a year-long extension to the administration because of the complicated issues they are dealing with.

At the time of the company's collapse in early 2020 the directors were Martin Frost, James R Jennings and Janet Orr Frost. The company secretary was Eirlys Lloyd

Secured lenders UK Agricultural Lending (UKALL) were said at that time to be owed £3.25 million plus interest and charges. The new report records the debt now stands at £4.497 million.

According to the administrators: "Our work has continued to be seriously curtailed by the non-cooperation of all of the directors of the company, and it is regrettable to report that they have continued to fail to provide any satisfactory explanations as to the state of the company's affairs as at the date of our appointment.

"As this is in direct contravention of their statutory duties as directors, the joint administrators are pursuing legal channels available to them under the Insolvency Act 1986.

"On the advice of their solicitors the joint administrators are seeking individual Court actions against the directors to enforce their cooperation under the following sections of the Act: Section 234, getting in the company's property; Section 235, duty to cooperate with office holder; and Section 236, inquiry into company's dealings".

Ms Brown and Ms Porter - Ms Brown retired at the end of February - have been repeatedly attacked in Avocet shareholder newsletters circulated by the company chairman Mr Frost. He frequently describes them as 'the bully girls'.

In an apparent reference to the letters issued by Avocet management, the new report says: "We continue to be made aware from a number of different sources of extensive correspondence issued to a wide variety of parties commenting directly on the administration procedure or the joint administrators personally.

"This extensive correspondence is at best often inaccurate and at times inappropriate, but suffice to say it is unfortunate that considerable time and resources must be spent on dealing with the communications to ensure that all relevant matters pertaining to the joint administration are appropriately dealt with and subject to further investigation where appropriate.

"Regrettably, our investigations so far suggest that the primary purpose of these communications is to deflect the joint administrators' attention away from the matters in hand in order to delay unnecessarily the progress of the administration and run up unnecessary and considerable time costs. Stakeholders need to be mindful of the existence of this unnecessary interference in the progress of the administration".

The administrators reveal that Harcarse Hill farm in Berwickshire, one of two agricultural holdings in the ownership of 'revolutionary' farming company Orrdone is now being marketed by the administration's agents Bidwells for offers in the region of £950,000.

Sums of money are said to be due from four 'Avocet' companies, including £88,864 from Avocet Faculties Ltd,, £77,540 from Avocet Infinite Renewables Ltd, and £194,031 from Harris Endeavour Ltd.

"In addition, sums due from Omega Infinite plc (now in liquidation) amount to £1.9 million plus VAT. This is in respect of the sale of the whole of the trading assets from Orrdone Farms which took place on June 1st 2019.

"A claim for this sum has been submitted in the liquidation, and communications with the liquidator on this matter are on-going".


Tuesday, 2 March 2021

Revealed: Flawed and misleading evidence of Martin Frost

 A MESSAGE TO OUR READERS FROM BLOG PROPRIETOR BILL CHISHOLM

In his latest newsletter [?] to hundreds of shareholders in Avocet Natural Capital, that company's chairman Martin Frost publishes a photograph of me alongside my wife with Mrs Chisholm's image almost totally obscured by the Scottish National Party's logo.

I presume this is his photographic evidence that I am a 'well known' supporter of Scottish independence. However, it would have been courteous, although not advantageous to his cause - whatever that might be - had Mr Frost identified and accredited the source of the picture which was taken some 30 years ago.

The image was procured by Mr Frost or one of his acolytes by accessing my wife's Facebook account and lifting the picture without asking her permission. She is a member of the SNP and tells me she super-imposed that Party's logo herself. I had never seen the picture until my attention was drawn to it in Mr Frost's newsletter as I've never had a Facebook account and don't participate in social media of any description.

I have already written to Avocet company secretary Eirlys Lloyd in a bid to set the record straight. I've stressed that I've never been a SNP member or espoused their cause yet Mr Frost and his associates continue with their fabricated evidence, but to what end?

On February 23rd my non-existent political bias featured in a lengthy piece of correspondence said to have been written by Mrs Lloyd.

I felt it necessary to raise the issue with her. In an email (so far I have had no response) I stated: "In that newsletter you write:  I am even more concerned to note that yesterday Mr Bill Chisholm the retired Jedburgh journalist, but I believe still a Member of the NUJ, liberally quoted from Mr Frost’s yesterday’s private and confidential letter to shareholders in his very public blog. One would have thought that Mr Chisholm, a well-known Scottish Nationalist judging from publicly available photographic evidence, would have been more concerned with the current shenanigans at Holyrood, as referred to below.”
 
My message continued: "Your assertion, a complete work of fiction, does not bother me one jot although your turn of phrase almost suggests that being “a well known Scottish Nationalist” constituted some kind of heinous crime. But for the avoidance of doubt I am not “a well-known Scottish Nationalist”, have never been a member of the SNP or any other organisation campaigning for or supporting Scottish Independence, and have never publicly expressed an opinion on the merits or drawbacks of the aims of nationalism.
 
"During my career in journalism my colleagues and I were strongly advised against joining any political party as part of a drive to ensure there was no political bias in our reporting. It was an admirable trait which I have continued to obey in retirement. However, sad to say today’s generation of journalists [including Andrew Neil] appear proud to wear their political bias on their sleeves. 

"Perhaps you would care to make the contents of this email available to Avocet shareholders when next you correspond with them so that the record can be set straight."

It would appear my words had no impact as the top brass at Avocet have chosen to continue with their totally false campaign to discredit me.

The latest offering from ANC's Mr Frost kicks off with "Opening upon a lighter note, I enclosed a photograph sent to me of Mr. Bill Chisholm – the well-known raconteur of Scottish Borders Rugby Shower fables". Glad to know he's an avid reader of the blog.

The photo of Mr and Mrs Chisholm is accompanied by the sarcastic caption: 'As we all know Mr Chisholm is a distinguished journalist with no political leanings'.

Well now you have my side of the story, and I'll leave you to judge the 'evidence'. And for the record Mrs Chisholm is none too pleased that her Facebook content has been plundered in a bid to level totally false allegations at me.