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hi guys sorry if this is in the wrong place. like I've said, the guy has basically knocked me for approx £1200. im just a small business and cant take this hit. I've read about restoring his company to claim from him? does anyone have any advice, or experience with this? thanks
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What assets does this dissolved company have? If you spend whatever you have to pay to restore this dissolved company, what makes you think you will be paid?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
I don't know if he has any assets. I'm guessing he's just a one man band like myself.
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Given the sum of money involved and the fact you have no idea about any assets that may be available, I think you would be throwing good money after bad, especially since the costs of restoring the company can be in the region of £300 or more depending on how the company was dissolved.
Obviously we don't know how you contracted with the company but, are you certain this person was contracting on behalf of the company and not personally? If there's no documentation or information indicating that the individual had contracted on behalf of his company and gave you his own personal details, there's an arguable case that he contracted personally himself and you may have a viable claim against him directly.
If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.Comment
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Rob, I was thinking about this.we have never even spoke to each other. Just texts. About this job. Up to invoice, when he sent his email address, suttons plumbing ac@outlook.comComment
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Is that the quality of your due diligence before giving a customer credit?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Is this a snide comment? I wonder how long it would be. A very good friend of mine recommended me to him. And he is a friend of my friend. Word of mouth.Comment
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Sorry - It was not intended in that way. The point is that you are in business to be paid, and all businesses should assess their levels of risk including when they will give credit and how much.
In this case, what makes you think that you were doing business with a limited company and not the individual? Was the company name mentioned in the texts prior to the one telling you who your invoice should be addressed to? How exactly did the company name come up?Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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Thanks. You are right though. I had no idea it was a ltd company i was dealing with. There was no mention of anything like that, we just discussed the job. I still have all the texts. When it came to invoice, the address provided still did not include the term ltd. It was only when he started to avoid me I looked into him, and discovered he was a ltd company which was in the process of being dissolved, and was so on the 5th Dec.Comment
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Does the mobile number belong to an individual? If so, surely that is who you pursue for payment.
Keep all the texts and any other communications.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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It does, yes. Well this is good news. I'll let you know how I get on. Thanks for your replies.Comment
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Before initiating court action check to see if he has any assets or the money to pay a judgment awardComment
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Thanks des8. My pal who recommended me to the non payer has spoken to him today. And asked why he hadn't paid my invoice. He said there were issues with the installation of the flooring. This job was completed in July, maybe August. And have had no complaints since.
Just today received a video from the tenant showing water from the shower running toward the door.
The job instructions were: use smoothing compound to smooth the floor. Lay vinyl.
No further Instructons, details, or requests.
He has now told my friend I need to rectify it before he will pay.
He has also told my friend that he does not use the ltd company and i done the job for him directly.
Any advice? It seems I can send him a claim personally.Comment
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Was the shower your responsibility? If not, you may write a firm letter before action, saying that legal action will follow if he does not pay.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdfComment
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No, the shower is nothing to do with me. I just laid the floor nothing out of the ordinary was mentioned about anything,
Actually, he asked how I wanted the shower tray installed. I said you can leave it a little high, 2 or 3mm. So my smoothing cement can meet the height.
Specific instruction should have followed from him at this moment regarding the slope towards the drain etc if required, but nothing.Comment
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