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Company tells our solicitor it has gone into liquidation - then says it hasn't
**Upsy_Daisy**
Posts: 256 Forumite
Last year we signed a contract for £23,000 with a timberframe company to supply and erect an extension.
We paid by Credit Card a deposit of around £8,000
Things were going well until around 3 weeks before they were due to come on site in September 2008 when they suddenly changed their pre site requirements - essentially insisting that we remove the side and one third of the roof before they would install the extension.
This was unacceptable and in complete contradiction with the original pre site requirements which were that we should just dig foundations and build a sole plate for them to fit the extension on, with the intention of knocking through once the extension was erected.
We commenced their complaint procedure last September (2008) and followed that through with no resolution. We then asked them to mediate in accordance with their complaint procedure
After 5 requests for mediation and their avoidance of the issue we passed the matter to our solicitor to try to get them to mediate.
He wrote tothem in April 2009 and advised them he was representing us and asked them to comunicate through him in future.
In May 2009 he received a letter from liquidators saying that the company was in liquidation.
We the passed the matter onto our credit card company (John Lewis Partnership) in order to obtain a refund under section 75.
They have come back to us several times with requests for information but last week informed us they had been in contact with the company and only part of the company is in liquidation - the part we had made our credit card payments to but the company was insisting our contract was with and they were still trading.
In the meantime we have arranged for someone else to build our extension as we belived them when they said they were in liquidation.
Any suggestions as to what we do next?
Can they get away with saying they were in liquidation and then they are not?
They obviously just expected us to go away while they kept our deposit, not realising that we had the right to claim under section 75
Anyone have any suggestions?
Should we persevere with the section 75 claim or pass it back to the solicitor? (He's expensive, we've already paid him £1,000)
UD
We paid by Credit Card a deposit of around £8,000
Things were going well until around 3 weeks before they were due to come on site in September 2008 when they suddenly changed their pre site requirements - essentially insisting that we remove the side and one third of the roof before they would install the extension.
This was unacceptable and in complete contradiction with the original pre site requirements which were that we should just dig foundations and build a sole plate for them to fit the extension on, with the intention of knocking through once the extension was erected.
We commenced their complaint procedure last September (2008) and followed that through with no resolution. We then asked them to mediate in accordance with their complaint procedure
After 5 requests for mediation and their avoidance of the issue we passed the matter to our solicitor to try to get them to mediate.
He wrote tothem in April 2009 and advised them he was representing us and asked them to comunicate through him in future.
In May 2009 he received a letter from liquidators saying that the company was in liquidation.
We the passed the matter onto our credit card company (John Lewis Partnership) in order to obtain a refund under section 75.
They have come back to us several times with requests for information but last week informed us they had been in contact with the company and only part of the company is in liquidation - the part we had made our credit card payments to but the company was insisting our contract was with and they were still trading.
In the meantime we have arranged for someone else to build our extension as we belived them when they said they were in liquidation.
Any suggestions as to what we do next?
Can they get away with saying they were in liquidation and then they are not?
They obviously just expected us to go away while they kept our deposit, not realising that we had the right to claim under section 75
Anyone have any suggestions?
Should we persevere with the section 75 claim or pass it back to the solicitor? (He's expensive, we've already paid him £1,000)
UD
Total debt at 01/01/2010 £34,262 (Excludes mega mortgage) Daily interest £12.42
02/10 Now £3.12 due to repayments, BT and :money:
Olympic challenge £5081/£28,000 (18.15%)
Aim to lose 35 lbs from 01/01/2010 to 30/06/10 9.5/35
1 debt in 100 days £2886/£3839
02/10 Now £3.12 due to repayments, BT and :money:
Olympic challenge £5081/£28,000 (18.15%)
Aim to lose 35 lbs from 01/01/2010 to 30/06/10 9.5/35
1 debt in 100 days £2886/£3839
0
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