Builder gone bankrupt but still invoicing under company name

[Cherrypie32]

Can anyone advise me? We found out last week that our builder became bankrupt in June. We’ve had numerous problems with him anyway with the final straw meaning we had to replace the roof he laid as it wasn’t fit for purpose. We are refusing to pay him for the work on the roof. He keeps invoicing under the his name and the name of the company listed as bankrupt. Is he allowed to do this?

I wouldn't think it would be legal as you would come under who owes the old company a debt company might be able to ask for it but not the builder himself.
I'd tell him my contract I'd with a....company name now bankrupt.not new said company & jog on.

It’s not vast amounts of money. But he is insisting he can still invoice under name of company listed in The Gazette as bankrupt in June. Is it actually illegal? Thanks notreally I agree with you

He’s not started a new company that we know of.

Hi, a few questions; was he working a sole trader or through a limited company? Has he personally gone bankrupt or has the company gone into liquidation? Or possibly both.

It lists him as self employed and carrying on business as...(company name we employed him under)

Ok, and the gazette notice says bankrupt not liquidation?

If he is a limited company & he has gone into liquidation the liquidators have a responsibility to gather in as many outstanding debts as possible including for work completed but not invoiced.

If he is a sole trader he can still trade but has to hand over his books and declare any surplus income. He will be unable to get credit though so most builders would find it impossible to continue.

The individual insolvency register says he is bankrupt but it doesn’t find his company name. It’s not a limited company.

Gazette notice says bankrupt yes.

Sounds like he’s not breaking the law invoicing us under the company name then (prob desperate for cash) so we decide to pay or not based on quality of work done.

The debt you owe (if you do, depending on the quality of the work) is owed to the bankruptcy estate. The bankruptcy estate will be looked after either by the Official Receiver or by a Trustee in Bankruptcy. The gazette should state who was appointed. The OR or TiB will be responsible for collecting the assets of the bankruptcy estate (including this debt). The only way it can be possibly owed to him and the only way he can be using the same trading name is if he has bought the trading name and the debts from the estate. That is highly unlikely but if he has he won’t mind you confirming it with the TiB or OR.
If I were you I would ask him if he has come to such an arrangement and if so explain you’d like to confirm if with them. My guess is that he hasn’t declared the debt to them and is trying to pull a fast one on you and them.
Hope that makes sense but if not feel free to ask away.

Wow, thanks Bodear
At the end of the GAzette entry it says ‘Whether Debtor's or Creditor's PetitionDebtor's’ and then an address. Then, ‘Capacity of office holder’ Trustee.
Can I contact these people and say what’s happening (is that massively grassing him up?!)

None of this detracts from the fact he did a bad job which had to be rectified by a professional at cost to us which is the response I will give him initially to his invoice. I suppose I just want something up
my sleeve if he doesn’t concede.

You can contact that person named in the gazette yes but be aware that their job is to collect the debts belonging to the estate (including yours). Albeit IF the debt is not valid due to poor quality work then they would be bound by the same rules as the builder himself.
I would still ask him for written confirmation that he purchased the debts and rights to the trading name from the trustee in bankruptcy (which he won’t have). Good luck!