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Original poster

Small claim against builder who is dissolving his company

4 replies

chestnut9 · 04/10/2023 08:56

Hi there, I would really appreciate some advice from anyone who can give it. We had a new flat roof installed by a builder (who was running a Ltd company) a year ago and it has leaked constantly - we have had it assessed by a new roofer who has made a report of the multiple errors made in its installation.

We want to make a claim of £4K in the small claims court but the builder is (according to Companies House website) in the middle of striking his company off. Do we have any hope? If his Ltd company is in the process of being dissolved, is it a pointless endeavour to make a claim? Would appreciate any insights so much - thank you x

OP posts:
Badbadbunny · 04/10/2023 16:36

You can lodge an objection to the striking off at Companies House. That stops their striking off process to give you some time to launch your legal action.

Lollygaggle · 04/10/2023 16:40

You will be a long way down a list of creditors and if they already have CCJS against the company you are throwing good money after bad . You might want to search for CCJ first https://www.trustonline.org.uk/

It's only worth going after the company of there is a reasonable chance of getting the money. If it's in the process of winding up this is unlikely . Depending on area you can be waiting more than 6 months for hearing and that's after you've sent a letter before action etc.

Home

https://www.trustonline.org.uk/

tangledearphones · 04/10/2023 16:42

How did you pay?

This happened to us with our home extension. We'd paid via Mastercard and claimed the money back that way.

griegwithhimandhim · 04/10/2023 16:45

Why is it being struck off? Sometimes it is compulsory, for instance due to insolvency, sometimes people just decide to close a business down.

I suspect it is because he is a cowboy builder and people have started chasing him for compensation regarding shoddy workmanship. So he's just decided to shut up shop so no-one can sue a business that no longer exists.

Just out of interest... did he give you a proper itemised invoice showing VAT and did you pay into a business bank account?

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