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Builder nightmare/desperate for advice

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  • #46
    I cancelled the survey as advised it may not be the correct one. I have found somebody else who appears to be very experienced. He is getting back to me with his fee proposals.

    Comment


    • #47
      Emails are to his company and the solicitors correspondence has been sent on behalf of his company.

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      • #48
        So no signed contract, emails to his company, payment to his personal account.
        Were there ever any written invoices or receipts for monies paid?
        If so were they on company paper, including company registration number and VAT number?

        Sorry, but I don't think there is an easy answer about suing him personally or not

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        • #49
          i cannot see any way of lifting the corporate veil here.
          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Pt@roachpittis.co.uk .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

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          • #50
            Today I checked the bank details he was paid with by the other family I'm in touch with who he has done the same thing to. The bank account is a Lloyd's account and it is an international account. I also undertook a credit check on his company and found that the company has 5 outstanding CCJs, 3 from this year. They amount to 20k. I did more digging on Company's House and there seems to be some bizarre activities with other businesses. Around 4 or 5 people being directors, then resigning, then being a secretary then resigning.

            I sent an email to his solicitor outlining that the international bank account that other customers have used has concerned me further.

            I'm at a loss. Why if there have been 5 CCJs have people not pursued his company? As a business they have no cash flow but there are assets.

            Can someone explain this please?

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            • #51
              Perhaps claimants have tried to enforce the judgements but been unsuccessful.
              You say the company has assets, but if these are plant and equipment of any value they could well be leased and not owned by the company.

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              • #52
                Company's house accounts say they have assets

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                • #53
                  Presumably you have looked at the accounts and it shows "fixed Assets".which aren't necessarily items which can be quickly converted into cash.
                  What current assets if any does it have, and do you know how were they valued? and are they leased or on finance?

                  You can't just look at it's assets, you need to read the accounts..

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                  • #54
                    No, I've not had that opportunity. Im just surprised that people have gone to the trouble of getting a CCJ and then they're not pursuing it and he is still able to trade/rip people off

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                    • #55
                      Hello, the company are in the High Court on Wednesday 6th November for a winding up order. Can I put myself forward as a creditor without already having gone to court? Would I call the solicitor named in the Gazette? Is this a chance to get some of my money back?

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                      • #56
                        Quite frankly the chances of recovering any money seem slim.
                        no reason not to contact the solicitor to see if you should be piggy backed on to the petition, or if it is better to await the appointment of official receiver.
                        Your problems will be proving your claim, and then hoping there is surplus money to pay the creditors.
                        so be careful of spending more money chasing an empty pot

                        Comment

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