Building woes

[Scrabble01]

Hi all. Hoping someone can kindly shed some light this issue. I have issued a MCOL to a building Co who did some work 5 years ago. The current director has sidestepped my building claim on the Company by saying he wasn't there and another (now deceased director) was taking the role in project managing on site and we paid him cash so current director doesn't know any of the details. BUT we have reciept of several stage payments signed by the current director. Also he was the only Director we saw on site whilst the build was taking place as the previous one bowed out due to ill health. Regardless of any of the above the MCOL form was addressed to the Company' so surely it doesn't matter who are/were Directors if we can prove by way of receipts that it was they that undertook the work.
Weirdly this is the defence of my claim, the fact that it was built with the wrong materials has not been addressed by the Defendant

[Amethyst]

If your contract was with the company then you are claiming against the right entity ( the company ) and indeed it matters not what the Director knows about it - the company should have records of the work and payments etc in any event and you have evidence of the spec, quotes , payments etc from your side.

If the defence doesn't answer the claim and meet the CPR standards you could look at asking it to be struck out but think we'd need to check your claim against the defence to check you wouldn't be shooting yourself in the foot ( if there's also issues with the claim )

presumably the claim is for a refund refund of monies paid as the work was undertaken with incorrect/ substandard materials - can I ask how come it's taken 5 years to come to this stage ? have you been trying to get it resolved out of court all this time ? or have the issues only recently come to light ?

oh - just to check - is it a ltd company and not a sole trader / partnership ??