getting money back from builder going through insolvency (>10k)

[islandgirl]

I have no idea but I would certainly be attempting to go after the director personally and sending a letter before action (if my research shows it may be possible to hold this person to account). The Police will not be interested - "its a civil matter sir"

[atticus]

We are talking about more than 10k. Under 50k. I'd rather not say exactly for privacy issues just in case, maybe over cautious.
I can attempt contacting the small court for part of it.

...

Not being a solicitor or any law-related professional I find it bewildering that the law creates such circumstances where insolvency claims leave a client/ creditor etc totally unprotected and with great losses. Plus the high costs to bring them to justice will most of the time allow such individuals to carry on happily.
I understand I can proceed to court in maximum 6 years? I was wondering when does countdown starts.
Thank you

As I said earlier, insolvency is when there is not enough money to go around. It happens a lot - surely you have seen news reports about corporate failures. You can take steps to protect yourself, such as agreeing stage payments for construction work by reference to completion of agreed stages. Here for some reason you have paid most of the money for not much of the work.

The limitation period for contract claims is 6 years. Time runs from the date of the cause of action.

NB if you only claim part, to keep a claim under £10K, you may lose the right to claim for the remainder. There is a principle that all available claims should be brought together, at the same time.


A suggestion as to a way forward: speak to a licenced insolvency practitioner. Many will give you a free consultation. They may be willing to contact the company on your behalf to discuss their financial issues and see if they can work for the best outcome for you and them.