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  • FIRST POST
    • MAli2017
    • By MAli2017 22nd Sep 16, 11:36 PM
    • 2Posts
    • 0Thanks
    MAli2017
    Dodgy builder - please help !
    • #1
    • 22nd Sep 16, 11:36 PM
    Dodgy builder - please help ! 22nd Sep 16 at 11:36 PM
    Hi, I paid a building company £28K up front for of renovation of my house (as advised by the Council), but the work was never done. Only £5K was done as stated by surveyors and now builders have gone into liquidation and won't do any work. They since set up 2 companies. Do we have any legal regress ? Would any no win no fee lawyer take this case on ? Thanks
Page 1
    • wealdroam
    • By wealdroam 22nd Sep 16, 11:44 PM
    • 17,123 Posts
    • 13,589 Thanks
    wealdroam
    • #2
    • 22nd Sep 16, 11:44 PM
    • #2
    • 22nd Sep 16, 11:44 PM
    Hi, I paid a building company £28K up front for of renovation of my house (as advised by the Council), but the work was never done. Only £5K was done as stated by surveyors and now builders have gone into liquidation and won't do any work. They since set up 2 companies. Do we have any legal regress ? Would any no win no fee lawyer take this case on ? Thanks
    Originally posted by MAli2017
    Hi. Welcome to the forums.

    Are you saying that the council advised you to pay £28,000 to the builder before any work was done?

    How did you pay this money?
    • MAli2017
    • By MAli2017 22nd Sep 16, 11:49 PM
    • 2 Posts
    • 0 Thanks
    MAli2017
    • #3
    • 22nd Sep 16, 11:49 PM
    • #3
    • 22nd Sep 16, 11:49 PM
    No they recommended the builder and the builder asked us to pay them. We paid by bank transfer. What do you think ?
    • wealdroam
    • By wealdroam 22nd Sep 16, 11:50 PM
    • 17,123 Posts
    • 13,589 Thanks
    wealdroam
    • #4
    • 22nd Sep 16, 11:50 PM
    • #4
    • 22nd Sep 16, 11:50 PM
    No they recommended the builder and the builder asked us to pay them. We paid by bank transfer. What do you think ?
    Originally posted by MAli2017
    I think you have been very silly. Could you not see the risk?
    • naedanger
    • By naedanger 23rd Sep 16, 12:21 AM
    • 1,661 Posts
    • 1,262 Thanks
    naedanger
    • #5
    • 23rd Sep 16, 12:21 AM
    • #5
    • 23rd Sep 16, 12:21 AM
    No they recommended the builder and the builder asked us to pay them. We paid by bank transfer. What do you think ?
    Originally posted by MAli2017
    I suggest you speak to Citizen's Advice given the large sums involved. But if the firm has definitely been liquidated I fear there may be nothing realistically that you will be able to do to recover your money.
    • shaun from Africa
    • By shaun from Africa 23rd Sep 16, 12:35 AM
    • 8,459 Posts
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    shaun from Africa
    • #6
    • 23rd Sep 16, 12:35 AM
    • #6
    • 23rd Sep 16, 12:35 AM
    Any possible steps you may be able to take in an attempt to recover the money will depend on how the building company was set up.
    When you made the bank transfer was it to a company or directly to the builder's personal bank account?

    If they were a limited company and have been liquidated then there is little that you will be able to do as the money was owed by the company which is no longer in existence.

    However, if the builder was operating as a sole trader then irrespective of the firm being wound up, the builder is still personally liable for any outstanding debts.
    This doesn't mean that you are guaranteed to get any money from them. If they are not willing to voluntarily pay then you would have to consider legal action and even if successful this doesn't mean that you will get refunded.

    If they have no money then you will need to pay for bailiffs to pursue them and if they have no assets in their name, this will be a bit pointless and would cost you more money.
    • hollydays
    • By hollydays 23rd Sep 16, 7:19 PM
    • 14,347 Posts
    • 10,120 Thanks
    hollydays
    • #7
    • 23rd Sep 16, 7:19 PM
    • #7
    • 23rd Sep 16, 7:19 PM
    It's inusual for councils to recommend traders.
    Do you have a letter from the council saying they are approved by them?
    • phill99
    • By phill99 23rd Sep 16, 7:27 PM
    • 7,555 Posts
    • 6,781 Thanks
    phill99
    • #8
    • 23rd Sep 16, 7:27 PM
    • #8
    • 23rd Sep 16, 7:27 PM
    If a company has been liquidated, it is unlikely that there will be any money to pay you. You will be way down the list of creditors. The insolvency company will get paid first, then the tax man, then people that lent them money, then creditors, then unfortunately, people like yourselves.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
    • arcon5
    • By arcon5 23rd Sep 16, 8:29 PM
    • 12,578 Posts
    • 7,883 Thanks
    arcon5
    • #9
    • 23rd Sep 16, 8:29 PM
    • #9
    • 23rd Sep 16, 8:29 PM
    If a company has been liquidated, it is unlikely that there will be any money to pay you. You will be way down the list of creditors. The insolvency company will get paid first, then the tax man, then people that lent them money, then creditors, then unfortunately, people like yourselves.
    Originally posted by phill99

    Tax man is no longer a preferred creditor. They are in the mix with everybody else
    • arcon5
    • By arcon5 23rd Sep 16, 8:30 PM
    • 12,578 Posts
    • 7,883 Thanks
    arcon5
    Op when you say liquidated... Did the formally appoint liquidators? Or allow the company to be struck off?
    • phill99
    • By phill99 24th Sep 16, 1:51 PM
    • 7,555 Posts
    • 6,781 Thanks
    phill99
    Tax man is no longer a preferred creditor. They are in the mix with everybody else
    Originally posted by arcon5


    Happy to be corrected
    Eat vegetables and fear no creditors, rather than eat duck and hide.
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