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IT Bermuda creditors seek $200,000 _ claim

Creditors of closed-down local company IT Bermuda are out by as much as $200,000.Although numerous writs have been filed against the company - including by former employees who were not paid wages owed - with judgements made against the company, creditors report they have been unable to recoup the monies owed them.

Creditors of closed-down local company IT Bermuda are out by as much as $200,000.

Although numerous writs have been filed against the company - including by former employees who were not paid wages owed - with judgements made against the company, creditors report they have been unable to recoup the monies owed them.

The company - an information technology company - was owned by Richard Kempe who is also the owner of Office Cabling Technologies, and run by expatriate Nathan Gentry. The Royal Gazette attempted to look at the company's register of shareholders, but former agent Diel & Myers declined to turn over the file as the company is no longer acting as agent and is owed money by IT Bermuda.

Registrar of Company records indicate the company further appointed Smith & Co. as its agent, but that law firm said that is also no longer acting on behalf of IT Bermuda. Lawyer Arnold Todd Jr. was on holiday and could not be contacted.

Creditors reported that Mr. Gentry may have left the Island, although this could not be confirmed. The Bermuda Telephone Company indicated that Mr. Gentry's telephone service had been disconnected.

Mr. Kempe was contacted by The Royal Gazette and reported the company had gone into liquidation. When asked if he would pay outstanding debts to IT Bermuda creditors, he said the company was not in a position to pay the creditors, and added: "This is why it has gone into liquidation." He also said it was normal for a company that cannot pay its creditors to go into liquidation.

He said he would discuss the matter in a "face to face" meeting but said he did not currently have the time to discuss the matter further when asked when The Royal Gazette reporter asked to meet with him.

Leading the charge against the company are a number of employees who are out of wages, and who say Mr. Kempe has indicated to them that he will not make good on the debts owed.

One creditor said that conversations with Mr. Kempe over monies owed had elicited an "oh well, you are not getting your money," on the subject.

The situation has escalated in to further legal action being taken including from former employee Tina Stockdale who is owed more than $6,000 in back pay and commissions while an employee of the firm. Mrs. Stockdale, who now works for another company on the Island, has filed a petition with the Supreme Court to have the company wound up on the basis that it has not honoured its monetary obligations.

The petition reads: "By judgement made in the Magistrates' Court, a judgement in the amount of $6,488.12 was made against IT Bermuda. Enforcement action has been taken to collect the debt and no payments have been made.

"In the circumstances it is just and equitable that the Company should be wound up on the grounds that it cannot pay its debts." Another creditor is Bermuda Executive Services. BES owner Dawn Zuill said her company is owed about $1,300 for having placed a temporary employee with the firm. Although the company won a default judgement - as nor Mr. Kempe or his lawyer appeared in court on the matter - for the money, it has still not been paid.

The Royal Gazette understands that a further $75,000 in wages and benefits may be owing to former staff.

In addition, former IT Bermuda project manager Jim Newsome also took the company to court last year and was successful in getting a judgement against the firm for $10,630. It is not known if this matter was settled. Mr. Newsome could not be contacted as he has left the Island.

Former employees said the company may also be in arrears, by as much as $30,000, on Government remittance of payroll tax, pension and social insurance. The Tax Commissioner's office declined to comment on the matter. And former employees also indicated that the company was in arrears by as much as $17,000 on rent. One employee arrived at the job only to find the locks had been changed.

Also owed money is a former consultant, who asked not to be named, and said he called off his involvement with IT Bermuda when it was discovered that the company was not doing well. He added that he was "left holding the bag to the tune of about $35,000 for business management consulting".