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Hi,
I am looking for some advice please. I am currently in dispute with a building limited company regarding the quality of some work we had done. There is no contract or terms and conditions. We have paid roughly half the invoice amount and withheld the rest. The building company engaged a debt collector to collect the amount they claim is owing. I provided a number of reasons why I won’t be paying. Around a month later I received a ccj claim against me. I had not been sent a letter before action. I defended the claim and issued a counterclaim. The claimant did not file a Directions Questionnaire, nor did they file a defence to my counterclaim. Their claim against me has been struck out. The (single) director also quit as being a director of the company and transferred his shares to a lady who appears to take over companies as sole director until they are dissolved (not sure exactly the name of her role). I have filed a N227 form to request a default judgement against the limited company.
The ex-director (the one that took me to court) is still representing himself as director/owner of the company online and is posting about jobs they are working on. Last year he set up another limited company which he may be using now.
I would like to pursue a claim against the ex-director personally as my claim include potential fraud (I appreciate this can be hard to prove), GDPR and health and safety breaches to name a few.
Would I need to start a separate claim against him personally or could it be incorporated into the existing claim against the limited company? We have already paid £700 plus for the counterclaim court fees and would struggle to afford new fees. I have a suspicion that the limited company may now have been stripped of all assets.
Any advice would be greatly appreciated!!
Many thanks in advance.
I am looking for some advice please. I am currently in dispute with a building limited company regarding the quality of some work we had done. There is no contract or terms and conditions. We have paid roughly half the invoice amount and withheld the rest. The building company engaged a debt collector to collect the amount they claim is owing. I provided a number of reasons why I won’t be paying. Around a month later I received a ccj claim against me. I had not been sent a letter before action. I defended the claim and issued a counterclaim. The claimant did not file a Directions Questionnaire, nor did they file a defence to my counterclaim. Their claim against me has been struck out. The (single) director also quit as being a director of the company and transferred his shares to a lady who appears to take over companies as sole director until they are dissolved (not sure exactly the name of her role). I have filed a N227 form to request a default judgement against the limited company.
The ex-director (the one that took me to court) is still representing himself as director/owner of the company online and is posting about jobs they are working on. Last year he set up another limited company which he may be using now.
I would like to pursue a claim against the ex-director personally as my claim include potential fraud (I appreciate this can be hard to prove), GDPR and health and safety breaches to name a few.
Would I need to start a separate claim against him personally or could it be incorporated into the existing claim against the limited company? We have already paid £700 plus for the counterclaim court fees and would struggle to afford new fees. I have a suspicion that the limited company may now have been stripped of all assets.
Any advice would be greatly appreciated!!
Many thanks in advance.
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