Company liquidation

[Debkit69]

We had windows, doors & conservatory fitted november 2015 with 10year warranty, went to contact them as we have multiple issues and found they have gone into liquidation, is there anything to be done or are we going to have to pay again to have this put right?

[wales01man]

Re: Company liquidation

Was this an insurance backed warranty?

[Debkit69]

Re: Company liquidation

No, just the basic warranty that came with work & windows thank you, have been intouch with an ex employee who told us we should have been sent a warranty insurance but like others we never got one

[Debkit69]

Re: Company liquidation

The company has now started up under a different name

[wales01man]

Re: Company liquidation

If its a new LTD company they may not be liable for any claim you need to contact them for info doubtful they are.

[Debkit69]

Re: Company liquidation

Yes i did think that may be the case, ive tried contacting them and when they know its me they hang up, ive left messages, sent emails and they just ignore me, they have left us in a right mess and probably lots of other people too, thank you for your help

[R0b]

Re: Company liquidation

In law, a limited company is deemed a separate legal person in itself and therefore it is liable for any contracts directors or senior managers enter into on behalf of the company. When it goes into liquidation and dissolves that is essentially the end of the road for you as you can't claim against a dissolved company. It is possible to restore the company to the companies house register but (a) it is very expensive and (b) it is only worth doing so if money can be obtained from a judgment (and this happens in personal injury such as hearing loss where there were insurers at the time the injury took place and so the claimant can claim from the insurer where the company had insurance cover).

There is however something called 'piercing the corporate veil' whereby the courts will go behind the 'veil' of the company's liability and hold the directors directly responsible for their actions. You should note however that it is difficult to prove and the courts are always reluctant to pierce the veil unless there are exceptional circumstances.

Unless the company is used as a facade to conceal or avoid liability (amongst other exceptional reasons), the courts will not pierce the veil. It is possible that there could be an argument whereby the directors setting up a new company in exactly the same way had dissolved the previous business to avoid it's liabilities but the onus is on you to prove it.

Using this line of argument is complex and would not suggest going about it yourself without seeking legal advice first.

[Debkit69]

Re: Company liquidation

Many thanks for all your information, looks like we are stuffed, my daughter used her inheritance to pay for all the work as she lost her dad the same year, i feel sure the new company will do the same to their new clients but like you say, no proof, thanks once again

[Debkit69]

Re: Company liquidation

Can i not do him for breaching the contract as it states on there 10 year warranty but he didnt give us the insurance back warranty details?

[wales01man]

Re: Company liquidation

Your contract was with the LTD company you need to look at the wording of this guarantee probably no claim against any employee or director

[priya456]

Re: Company liquidation

It is important to know whether the liquidation is voluntary or compulsory and whether or not the company is solvent. The procedure will be handled differently for a compulsory liquidation that it would be dealt with in a voluntary liquidation, so the following information is just a broad overview of the process.