Building work incomplete multiple victims

[joeh]

Just had another look on companies house and note that Future Lite, following a petition on 21st August 2019 were ordered wound up on 23rd Oct 2019.
because of insolvency
I'm sure this wasn't showing back in November when I noted their accounts due May 2019 were late.

So obviously no point trying to sue the company.

However your undated agreement had a start date of 29th April 2019.so possibly heading into insolvency at that time.
If you show they continued to take funds from you after the petitioning date, you may be able to show the company was trading whilst insolvent.

Now continuing to trade, despite being knowingly insolvent,(or should have known) with no chance of recovery.is wrongful trading and can leave the directors personally liable. (It is also a criminal offence, but that is of little comfort for you)

Whether or not it is worth your while trying to sue the company director I wouldn't like to guess, but if you kept your claim below £10,000 it will probably be allocated to the small claims track where recoverable costs by the losing side are very limited

Hi again.

Thanks for the reply i have removed the upload as suggested and checked back the dates for payments which are as follows,

£5310 24/04/19 payment
£5310 10/05/19 payment
£2655 21/05/19 payment
£990 23/05/19 payment for 3^rd skylight and additional bedroom window
£1200 15/06/19 payment for RSJ in kitchen
£650 27/06/19 payment of balance for RSJ in kitchen

£16,155 Total payments to Lite Construction.

In fairness i suspect they did know they were in trouble and they were taking as much money as they could, they started works at our property on the 29th of April. Of the 8 families that i know of who have fallen victim to them 2 have taken them to the small claims courts and won however not received any payments. I'm interested by the suggestions you've made around suing the Director but would imaging he's moved the cash around to ensure if found guilty he can pay back as little as possible. Ultimately its left us in a challenging position financially and we are determined to recover some funds one way or the other but just don't know what to do for the best. Another avenue im exploring is to enlist a debt recovery team so will see if this is an option for us.

Regards Joe.

[des8]

If payments were made to LIte Construction you might have a case which might stand up in court.

Your contract was with Future Lite Ltd so why weren't payments made to that company?
As Lite Construction aren't a Limited Company you could possibly claim against the persons trading under that name , especially if you can show it was a deliberate set up. They would be sole traders (or if more than one possibly an unincorporated partnership) and so personally liable.
IAN ROY (the director of Future Lite) seems was also trading as Lite Construction
Might be worth trying to see Future Lite's accounts, to see if your money ever went there, but I don't know if the liquidators would cooperate.

Until you have a court judgement it is hardly worth instructing DCAs.
They have no more authority than the man in the street, and the people behind this company will know that and just ignore them.

Afraid you have a mountain to climb and no certainty of success if you reach the summit

[Guest]

The possibility is to try and find if he owns his property, at least you will have the chance of a charge on the assets. ?. If you sue and win the case.

[joeh]

If payments were made to LIte Construction you might have a case which might stand up in court.

Your contract was with Future Lite Ltd so why weren't payments made to that company?
As Lite Construction aren't a Limited Company you could possibly claim against the persons trading under that name , especially if you can show it was a deliberate set up. They would be sole traders (or if more than one possibly an unincorporated partnership) and so personally liable.
IAN ROY (the director of Future Lite) seems was also trading as Lite Construction
Might be worth trying to see Future Lite's accounts, to see if your money ever went there, but I don't know if the liquidators would cooperate.

Until you have a court judgement it is hardly worth instructing DCAs.
They have no more authority than the man in the street, and the people behind this company will know that and just ignore them.

Afraid you have a mountain to climb and no certainty of success if you reach the summit

Hi DES8.

Thanks for the advice and follow up on this i cant tell you how much we appreciate it.

This morning i received a call from the Debt Collectors confirming they are unable to help for the reasons you've outlined about now being liquidated etc.
The advice about potentially claiming against 'Lite Construction' who aren't a LTD company is an interesting one, which we would be like to explore. Do you know of any legal firms we might be able to reach out too for some further advice around this and the case generally?

Kind regards Joe.

[des8]

They were just my musings which revolve around agency law and conspiracy to defraud.

Other than finding a competent private investigator (and sorry but I can't recommend anyone) you will need to do it yourself

[joeh]

They were just my musings which revolve around agency law and conspiracy to defraud.

Other than finding a competent private investigator (and sorry but I can't recommend anyone) you will need to do it yourself

Thats fine i understand, have a good evening and thanks for taking the time to provide us with some useful insight.

Regards Joe.