Company closed one day, started up with same name the next

[BurningBridges]

Hi can anyone tell me how to google this/find out my options (nil I think) - I claimed against a plumbing company who put the wrong boiler in my house. Apparently they dissolved the company and then a few days later the Director set it up with the same name different address (I didn't notice just thought they'd moved offices). I went through the small claims court, he replied from his home address saying the company doesn't exist as his defence, small claims have said it can go to the fast track claims system and actually go to court. So (a) is there anything I can do to pin this guy down, clearly he did this so as to avoid creditors etc., and (b) surely if there is nothing to be done and what he says is ok, then the court would know that the case has to be closed?

If the company is still going through the process of liquidation you may have a claim against the company but you will be an unsecured creditor which means it is unlikely you will get your money back.

If the company has been dissolved it no longer has any legal existence and hence you cannot claim against it. You can apply to have it restored to the Register of Companies but you would have to persuade a judge that your claim has sufficient merit to warrant this action. This would be expensive with very little chance of getting your money back so it is unlikely to be worth pursuing this course.

The purpose of limited company status is to protect directors and shareholders from being pursued for the company's debts. Unless you can demonstrate wrongdoing on the director's behalf you will not be able to get your money back from him personally.

It is for the judge to decide whether or not the defence is valid, not officials. It is, for example, possible that the defence is false. Have you checked that the new company has a different company number to the old company?

What prh said.
You need to be clear whether you are dealing with a Limited Company, in which case you probably have no hope, or a Sole Trader/Partnership, in which case you can pursue him personally no matter what his trading name.
You could always make his trade body aware of your concerns. It used to be Corgi but is now the Gas Safe Register. Complaints page here

Get hold of any paperwork you had from him. Did he mention the company at any stage? Who did you pay? Was it the company?

I thought you couldn't wind up a company with an outstanding claim against it.

It might be possible to have that company "put back on" the register.

Thanks all, but I think he's got it pretty sewn up, he knew what he was doing all along. Most of you have confirmed what I thought. Will use the free legal helpline that comes with my bank account tomorrow and see what they say, I think I have to formally withdraw the case before I incur any more costs.

I can't believe that this practice is still not only allowed but by the look of some websites, actively encouraged.

Just for clarity, directors can be held personally liable for the company's debts if they choose to liquidate the company purely to avoid paying creditors. The directors are required to protect the interests of creditors if the company is insolvent or close to insolvency. In serious cases directors can be disqualified or face criminal prosecution.

An insolvency practitioner will have been appointed to wind up the old company. They will have sold off any assets belonging to the company and used the money to pay creditors. If there wasn't enough money to pay everyone off unsecured creditors will have received only a proportion of the money owed or nothing at all.

If you made your claim after the company was dissolved you were not a creditor at the time so any money owing to you would not have been taken into account.