So many YogaZone's victims have been taking efforts contacting the Receriver, Ferrier Hodgson MH Sdn Bhd, for the status update about the fate of Yoga Zone since it's receivership from 7th Aug 2008. However, there is no news for the past one and half months. Now, they just published a "Notice" at Yoga Zone's website that Yoga Zone is officially announced cease of operation due to its deteriorating financial condition.At the point no. (2), it mentioned that the company's assests may not be sufficient to discharge the secured and priority creditors in full and the members' claim for refunds are ranked unsercured, means last priority. So, is that means the members' submission of Form 1 to Tribunal for Consumer Claims is useless although can win the case...?=============================================================
The Yoga Zone Group Sdn Bhd
(Receivers and Managers Appointed)
(Company No. 680406-X)
CIRCULAR TO MEMBERS OF
THE YOGA ZONE GROUP SDN BHD
(Receivers and Managers Appointed)
(Company No. 680406-X) (“YZG” or “the Company”)
Dear Members,
As you are aware, Mr Michael Joseph Monteiro and Mr Heng Ji Keng of Messrs Ferrier Hodgson MH Sdn Bhd were appointed as Receivers and Managers of the Company by the High Court of Malaya on 7 August 2008 vide a Court Order dated 7 August 2008 pursuant to an Originating Petition No. D6-26-40-2007.
Please find below the latest developments and other information of the Company for your attention:
1. Current Status of all Outlets
Yoga Zone/ Yoga Club: Klang, Taman Desa, Endah Parade, Puchong, The Weld YZ Comfort Zone: Taman Desa, Sri Hartamas
We regret to advise that the Company is not in the capacity to continue the operations due to its deteriorating financial condition. All classes and services are discontinued in this regard. The R&Ms have no alternative but to cease operations of the aforesaid outlets if there is no further funding provided to the Company. In the meantime, we will continue our discussion with the parties who are interested to acquire the Company’s assets or revive the business. Members will be updated through the website in due course.
Yoga Zone / Yoga Club: Kepong, Cheras and Sri Hartamas Outlet
Due to the financial position of the Company, the Company is unable to make rental payments for the premises of the aforesaid outlets. In this regard, the respective landlords of the said premises have taken possession of the same on 8 September 2008 for the Sri Hartamas outlet, on 9 September 2008 for the Kepong outlet and on 17 September 2008 for the Cheras outlet. As at the date of this circular, we are unaware of the landlord’s intentions with regard to the premises.
Y Fitness (Centro Mall, Klang)
Due to the financial position of the Company, the Company is unable to make rental payments for the aforesaid premises. As a result, Distress proceedings were initiated against the Company by the landlord on 9 September 2008. Following this, we regret to advise that operations at Y Fitness is ceased as the R&Ms no longer have authority over the assets, including the gym equipment, located at the premises.
2. Refunds and Cancellation of Credit Card Installment payments
Please be advised that members’ claims for refunds are ranked unsecured and will be dealt with strictly pursuant to the relevant provisions of the Companies Act, 1965. Based on our preliminary assessment, the proceeds from the realisation of the Company’s assets may not be sufficient to discharge the secured and priority creditors in full, which include the Inland Revenue Board and Employees Provident Fund. Accordingly, there would not be any funds available to meet the claims for refunds. Should the situation change during the receivership, you will be notified through this website accordingly. Please also be advised that the R&Ms are not in the position to advise members in relation to credit card matters, including cancellation of credit card installment payments. Kindly contact your credit card issuing bank for further queries.
We will update members whenever appropriate. Your understanding is much appreciated.
Yours faithfully
For and on behalf of
Michael Joseph Monteiro and Heng Ji Keng
Receivers and Managers of
The Yoga Zone Group Sdn Bhd
PATRICK MCPHEE
ANDREW HENG
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