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Builders gone into insolvency - what do I do?

15 replies

CustardUnicorn · 30/11/2022 14:04

Having a loft conversion. It's not complete yet and we've paid almost the full quoted amount. The builders have been shit at communicating and turning up throughout.

Just heard from a related company that they've had a letter notifying them of the building company going into liquidation. They haven't notified us and not answering calls or emails.

I understand we probably don't have a hope in hell of getting any money back to finish the job, but we can register as a creditor for the incomplete parts of the work, right? Anyone know how I find the insolvency practitioner and what they would require to prove a debt? One thing is very easy to prove, glazing units were included in the quote but have not been supplied, so that's a clear loss.

OP posts:
Winter2020 · 30/11/2022 14:11

Sorry that sounds so stressful

Can you try to find out where the glazing was coming from? If it is bought and paid for have it delivered to you. If it's not paid for put it on hold unless you still want it and will pay again. Hopefully the company won't have made anything bespoke without payment upfront.

Can you ask the company who received the letter for a copy or for the details of the administrator so you can fetch in touch.

I wouldn't expect anything back sadly as I expect they have unpaid wages which will be first in line.

ClaudineClare · 30/11/2022 14:16

How did you pay them? Did you use your credit card for any of the payments?

ClaudineClare · 30/11/2022 14:18

Also, do you have legal cover on your house onsurance? If so they may be able to at least give you some advice on where you stand.

Sorry this has happened to you.

DogInATent · 30/11/2022 14:30

Search for the building company here:
www.gov.uk/find-out-if-a-company-is-in-financial-trouble

And get all the relevant paperwork together, including proof of payments made.

CustardUnicorn · 30/11/2022 14:53

Thank you, and thanks for the sympathy! We've got small children and no windows on our loft (the window gaps are boarded up, but still not ideal!)

Didn't pay by credit card. Not sure if we have legal expenses cover, probably not - and they might well say there's no point pursuing it as we won't be able to recover anything. Will check though.

I don't know if the glazing units were even ordered. They kept saying there was a two week delay, over and over again but it might all have been lies. Very tempting to go round and sort the builders' office windows out, but I suppose that wouldn't solve anything!

OP posts:
CustardUnicorn · 30/11/2022 14:54

DogInATent · 30/11/2022 14:30

Search for the building company here:
www.gov.uk/find-out-if-a-company-is-in-financial-trouble

And get all the relevant paperwork together, including proof of payments made.

Thank you - webcheck looks to be ending, the companies house site has nothing showing this one going into liquidation, but the director started a new company a couple of weeks ago.

OP posts:
DogInATent · 30/11/2022 15:16

@CustardUnicorn in that case, search the Gazette:
m.thegazette.co.uk/corporate-insolvency

(feel free to name them and I'll see if they crop up on any of the services we use for work)

CustardUnicorn · 30/11/2022 16:44

Thanks @DogInATent it's a fairly small company in a place where everyone knows everyone and they've still got a door key, so would rather not name them thanks!

They're not on the gazette. Is there a way to find out which insolvency practitioners they're using? I'll ask the company who told us they were liquidating, but they're creditors so might not want to help us join the queue as well!

OP posts:
DogInATent · 30/11/2022 17:42

@CustardUnicorn go see them tomorrow, get the key back, and ask them what's going on. There may already be a letter posted on the business premises by the administrator if one has been appointed. You'll have the registered business address from the Companies House listing.

Definitely check if you have legal expense cover and get the ball rolling with it, unless you're happy to wave goodbye to what you've paid.

CustardUnicorn · 30/11/2022 18:00

Thanks @DogInATent

OP posts:
Madlollyoftheshire · 04/12/2022 16:43

Try reporting them to the police for fraud. The threat of personal repercussions and a potential criminal record may help you - sounds like they knew they were going bust when they took your money and tried covering it up by telling you there were "delays". This has just happened to us - the builder (who we knew and trusted!) took a big deposit from us early on, told us it was needed to get bifold doors/windows ordered. We found out after months of delays that they hadn't been ordered at all and the builder had spent our money on things totally unrelated to our project, was insolvent and couldn't afford to finish the job. He also wasn't sorry because "we have more money than him"!! We had to fight to get the police interested, and they are still investigating, but we'll make sure he will not walk away from this scot-free. Trading standards weren't interested. I think this sort of thing is very easy for builders without a conscience to do and I doubt we will get a penny back. Also, a debt created out of fraud is not cancelled if the individual goes bankrupt.

DogInATent · 04/12/2022 16:59

@Madlollyoftheshire - the OP hasn't confirmed they've gone bust yet.

But in your case, did you try the Official Receiver and the Insolvency Service before trying to get the Police involved?

Madlollyoftheshire · 04/12/2022 17:31

@DogInATent - sadly, it doesn't look like OP's builders intend to confirm anything, as they are avoiding all contact. It is all pretty dodgy behaviour so perhaps the OP should assume the worst and consider all options to recover their money.

In our case, the builder is a one man band who contracts in specialist trades and so we haven't considered the Official Receiver or the Insolvency Service. Do you think we should? We have since discovered he is in arrears with his rent, Council Tax, energy, child support (and others), seems to owe money to lots of people and we don't seem to have any option other than the Police. He is a master bullshitter and managed to lie and string us along for months.

DogInATent · 04/12/2022 17:40

@Madlollyoftheshire if your builder operated as a limited company, the OR and IS should be your first port of call for a complaint and investigation. If they were operating as a sole trader I think it's slightly different, but the OR is still the point of contact. See:
www.gov.uk/government/publications/claim-money-back-from-a-bankrupt-person-or-company-in-compulsory-liquidation-guidance-for-creditors/claim-money-back-from-a-bankrupt-person-or-company-in-compulsory-liquidation-guidance-for-creditors

Not responding to messages isn't enough to take action on. If the information the OP's been told is correct there will be a note against them on the Companies House record, a notice in the Gazette, and a letter should be posted at the registered business address. They need to register as a creditor with the administrator. Getting a solicitor on-board if you've got legal expenses cover on your house insurance would be a good thing to do, at the stage she's at.

DogInATent · 04/12/2022 17:47

I'll be honest, chances of getting much back are slim. I've had three clients go bust owing me money. Only one resulted in me getting paid anything like the value of the work I'd done for them.

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