The Official Receiver was appointed Provisional Liquidator on 21 October 2009, on the application of the Secretary of State for Business Innovation and Skills following a submission by Companies Investigation Branch that the company was operating outside the public interest.
The grounds of the petition are: Misleading customers
Failure to provide adequate service/failure to provide product to customers
Inadequate Accounting Records
Failure to comply with Privacy and Electronic Communications (EC Directive) Regulations 2003
Abandonment/Lack of co-operation/Breach of s155 Companies Act 2006
A winding-up hearing was held on 16 December 2009, at which the matter was adjourned to be heard on the first available date after 22 January 2010.
On 24 March 2010, following a further hearing, a winding up order was made against the Company and the Official Receiver was appointed liquidator.
A report to creditors will be issued by 19 May 2010.
The Official Receiver has been contacted by Diamond Resorts (Europe) Ltd ("Diamond"), who have informed him that until 20th November 2008, APD Leisure and Marketing Ltd was an authorised distributor of a Diamond product, the Trial Diamond Resorts European Collection. Diamond have further informed the Official Receiver that it is likely that any purchases made by consumers of the Trial Diamond Resorts European Collection which were executed on or before 20 November 2008 will be bona fide purchases and that Diamond will fulfil the obligations detailed in the membership portfolio.
However, if any purchaser has any doubts or concerns, they should contact Diamond's Hospitality Management Department on 0845 359 0010 who will be able to clarify the position for them.
Please note, however, that the Official Receiver cannot provide any guarantees with regard to the honouring of any bookings that have already been made via membership with APD Leisure and Marketing Ltd, nor with regard to any outstanding entitlements due as part of that membership.
