Take builder to small claims?

[FuckedOverByBuilder]

I think I sadly know the answer to this but I wanted to check if there was any way to get this resolved legally!

We had a small extension completed in 2022 with a limited building company. We had some issues with the builder through the build and always suspected something would come to bite us in the behind!

Well as we've had some stormy weather we've noticed the roof has got a damp patch that's started leaking.

We tried to contact the builder who has ghosted us despite offering full guarantee etc etc. So we got 2 professional roofing companies to come and have a look. They both agreed the whole roof needed redoing

The cost for this work is estimated to be c£5k. We've sent one last email to the builder outlining the issues that need rectifying and asked for him to contact us. Our plan was that if he didn't, we'd pay for the work and go through small claims to recover the cost

However, we've looked him up on companies house and found the company he did the work under has been liquidated and the next month he's started a new company with an almost identical name but, importantly, a new company registration number.

I believe this puts us in the category of 'totally fucked' as it means we cannot now pursue him for the costs of this work?

Any help or advice would be super appreciated!

What a nightmare, how did you pay for the work? Was any of it on a credit card? This would give you some recourse, even if just part payment was made on a credit card.

Sadly none of it was via cc and all done via BACS transfer

It is indeed a total nightmare. They never got it signed off by building control either who are also raising a few issues and asking questions we don't know the answer to

Can trading standards or your council planning dept take any action if they haven't had it signed off?

If the name of the new company suggests that it is associated with the liquidated company, the builder may have committed an offence. You should report him to the Insolvency Service. Unfortunately, that won't help you get your money back.

Not after several years!

Yes, after several years. Under Section 75 of the Consumer Credit Act 1974, if you have a claim against the supplier of goods or services, you also have a claim against your credit card supplier provided the goods or services cost between £100 and £30,000.

The name is an abbreviation of the old one

So think:
2017-2020 Simpson and Taylor Extensions. Dissolved in 2020
2020-2023 Simpson and Taylor Extensions and Lofts liquidated in 2023 (this is the one we had our work done with)
2023-2024 Simpson and Taylor Extensions South renamed in 2024 as S.A.T Extensions which is who he's currently trading as

The website looks identical but with a new name. The logo is identical and the Facebook page has simply been renamed

He has been director of all of them. Surely this is not legal?

It isn't - these are known as phoenix companies. https://www.gov.uk/government/publications/phoenix-companies-and-the-role-of-the-insolvency-service/phoenix-companies-and-the-role-of-the-insolvency-service

Thank you @NigelHarmansNewWife (loved him in Eastenders)

So I can essentially make life difficult for him but this doesn't help me with my building work from what I've read?

All the planning permission etc was done correctly and the building is as per the plans technically but the wrong materials were used which has caused us a problem

He led us to believe it had been signed off by building control but when we've chased him for the certificate it's not appeared and on going to the council directly it's never had the final sign off

It's apparently hugely common and we made need indemnity insurance if we don't get this done

The area of responsibility here is grey as the owners of the property should really have got this done (but we were told it had been)

You have my sympathy. Having work done on your home is stressful anyway, without finding your builder was a crook who cut corners.

So I've looked more thoroughly this morning and the logo etc is exactly the same. He's just renamed his instagram/facebook/google profiles so all reviews for the old companies are now under the new ones

His website had recommendations about 'great install and kitchen we are still using 5 years later' etc but clearly these reviews and testimonials are related to the old company.

I've tried ringing the architect firm that recommended him but they no longer work with him (surprise surprise!)

I'm toying with what to do next. I could reach out to the insolvency company and report him but he obviously knows my address and I would worry about any retaliation?? I've tried his new email address with the new company name.

I sort of want him to know I know what he's done and how to report it and will do so if this doesn't get fixed but that feels icky and morally the wrong thing to do!

I am so so so fucked off! GRRRRrrrrr

If you don't report him to the Insolvency Service he will continue to rip people off like this. Unless you are the only person he's ripped off (unlikely) he will have no way of knowing that you have reported him.

Sorry to keep coming back to this thread but it's just occurred to me that fixing this issue might come under out home building/contents insurance? We've got a pretty good policy. I don't see how this would not be covered?

I would say that your original assessment is correct, unfortunately. As rubbish as it is I think you just need to accept you are going to have to pay for this work yourself. Do leave reviews anywhere you can though.

No harm in asking them. The worst that can happen is that they say no.

You might get paid out for the damage that the leak has done. You'll need to be lucky to be paid out for the actual roof renewal I think, but you never know.

An assessor needs to come round and look at it all. Good luck!

Did the builder provide you with details of his own insurance policy? If so you may be able to claim under that?

This is our thinking too and will probably be what happens.

Assessor is booked in for a week and a bit and we've just played dumb that a leak has appeared whilst keeping our fingers crossed!

We've contacted the builder who has sent us a message full of expletives so unfortunately he's now help and has rewritten history of the issues we had on the build

Our only hope is insurance

Is he actually dissolved or in liquidation? Because I'm pretty sure if in liquidation you can sue him - with permission of the liquidator. You should also be able to get any insurance info from the liquidator.

If he's dissolved, you can reinstate the company (so you could sue to access his insurance) but I've only ever known that be carried out by lawyers.

He's definitely liquidated the company he did the build under

Are the liquidators usually affiliated with the company at all? I'm worried about contacting them after getting abusive messages from him

I've had a look at small claims and it suggests I can't now sue him for the cost of it?

But is the company now formally dissolved i.e. the liquidation has concluded. It probably is because it's a small company but a company IN liquidation is still active (officially).

Liquidator is unlikely to be connected.

No, all the meetings have happened and is has been liquidated rather than in liquidation. Sorry if I was unclear!

His new company (with same logo and just transferred over social media etc) is up and running is the current one registered with companies house

I think this is all somewhat academic because you can only sue a limited company for assets of the company, not the individual's personal assets. Even if the company is still available to be sued it will be worth zero and any judgement you got against it would be worthless.