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Small Claims Advice Please!

2 replies

5000milesperhour · 28/04/2025 12:29

I have an ongoing dispute with a tradesman who carried out work on my property.

The work is of a very poor standard and finish - this has been confirmed by an independent inspector which I paid for myself.

Despite leading me to believe he was willing to try to resolve the dispute - he told me he was sourcing an independent inspector of his own which I agreed to. He said he was just waiting on a date but then sent an email one morning to say that he has dissolved the company so is no longer liable.

I submitted an objection to this through Companies House which was upheld meaning the company cannot be dissolved for another 6 months.

I have submitted a small claim and we have had our mediation appointment this morning. The tradesman was not open to negotiation and so the mediator has referred it back to the court.

He told the mediator that the business is closed and there are no assets to pay anything. I am aware that he has since set up an identical business under a new name but with his girlfriend (who is not in the industry) named as the Director.

My question is - if we were to go to a court hearing, even if the court was to find in my favour, could he just say that he has no assets meaning I have wasted all this extra money for him to just walk away anyway despite him clearly being involved in the new company?

Thanks so much in advance if anyone has any insight into this.

OP posts:
prh47bridge · 28/04/2025 12:51

Yes, I'm afraid he could. The limited company is liable. There are only limited circumstances in which he can be held personally liable for the company's debts. If the company genuinely has no assets you won't get your money back, I'm afraid.

5000milesperhour · 28/04/2025 13:08

Thanks so much for your reply.

That's what I was worried about but best to know before I throw more money at it I guess.

Seems so unfair that he gets to just walk away and set another business up but I guess that's just how it is.

Thanks again for replying.

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