Will I be able get money back?

[Stinger]

Hi

i paid a deposit to a builder for some work, after 3 months of work not being done I asked for my money back. This was agreed but never sent.

using my legal expenses on my home insurance I got a solicitor involved, he investigated the case and found there was a CCJ against the company for £10K and would not take the case further as it did not have a reasonable chance of success and therefore would not be paid for by the expenses cover.

any suggestions on what I should do? The company is still showing as active on companies house. Would it be throwing good money after bad if I go to the small claims court myself?

can you also take the owner of the company to court rather than the company itself? Then if they liquidate the company they are still liable?

or do I just have to put this down as a life lesson and move on?

Thanks!

[ostell]

Re: Will I be able get money back?

How much is the amount? It is worth going through small claims yourself if you are willing to risk the court fees, the initial fee and if necessary the hearing fee, recoverable when you win.

You can not normally claim against the director of a company for problems with the company, that's the whole point of a limited company. However, who did you make the payment to? Was it in the name of the builder himself or the company name?

When you win then there is always the opportunity to promote it to the high court and the sheriffs, sorry enforcement officers, to collect, especially if the office is his home address.

If you have documents that show the deposit taken and the promise to repay then so much better.

[Stinger]

Re: Will I be able get money back?

So it is for £2500. Companies house is showing as there being no director, but there is someone with “control”.

the money was paid by bank transfer to the company account and it looks like the address is a home address, which has changed recently.

it was over the phone the agreement to repay, but the original quote shows a start date of June so will be breach of contract.

If there is already a CCJ would I just join he back of the queue and most likely they will just liquidate the company?

thanks for any help!

[ostell]

Re: Will I be able get money back?

So it's £105 to start a claim online. THere cannot be a company without a director. For the other CCJ the party may have decided not to enforce, there's not a queue.

So when you win then you send the bailiffs, sorry, enforcement officers, preferably high court, in to the address of the company. If that's also his private address then tough.

First of all you must write to him asking for the deposit back and giving him a time to pay, say, 14 days. Send the letter and get free proof of postage from a Post Office. Keep everything in writing.

I have helped somebody take action against someone who already had CCJs against their name and when he lost he didn;'t want to pay up but then a threat of bailiffs and the extra costs, made th cash appear.

[Stinger]

Re: Will I be able get money back?

I have already sent the “notice before action” letters

The companies house website is showing no “officers”, there was one but they resigned. Under the section “persons with significant control” there is a message that says:

The company knows or has reasonable cause to believe that there is no registrable person or registrable relevant legal entity in relation to the company

how does this effect it? There is just a registered address.

[ostell]

Re: Will I be able get money back?

Is the registered address the same as the one you are writing to?

I think he may be trying to be clever by removing himself as a director. You should be able to download some of the financials.

[Stinger]

Re: Will I be able get money back?

My concern here is I pay £105, he never replies, then I have to pay yet more money for a hearing. Then after paying more for a baliff
visit there are no assets and I have just wasted more money.

i guess there is no way of telling if I will be successful or not

[wales01man]

Re: Will I be able get money back?

My concern here is I pay £105, he never replies, then I have to pay yet more money for a hearing. Then after paying more for a baliff
visit there are no assets and I have just wasted more money.

i guess there is no way of telling if I will be successful or not

Have you tried to find out if the company is solvent you can check accounts online and also see if he has been director of any dissolved companies

[Stinger]

Re: Will I be able get money back?

He has been the director of 2 other companies, both are now dissolved. The company I have issues with is still showing as active. There are no accounts as it does not appear to have been established long enough.

[wales01man]

Re: Will I be able get money back?

2 Dissolved could soon be 3 you must decide yourself whether to start proceedings you could wait awhile if his accounts have to be filed soon or try to find out more about hi companies finances

[Stinger]

Re: Will I be able get money back?

Thanks for your help - I would have no problem starting a small courts claim myself, but I expect he would not attend and even if he did would lose, however what are the chances of him paying up or not closing down the company? I expect very slim so guess it would be just more money lost.

I did look on the internet about getting a judgement against the owner himself (rather than the company) but from what I read this is quite difficult and costly.

[ostell]

Re: Will I be able get money back?

I believe that you can object to him closing down the company if there are outstanding matters.

[Stinger]

Re: Will I be able get money back?

Do you have any idea what happens if they don’t pay, and say they don’t have any assets to seize?

also what would the cost of court be? I know it is £105 to start with but are there then hearing fees etc? Enforcement fees?

[wales01man]

Re: Will I be able get money back?

All fees are online If they don't pay you get nothing unless you take further steps