Fitted kitched: can I tell if supplier is going bust?

Voyager2002

Hello everyone,

Two years ago I ordered a fitted kitchen and paid half the cost. Work was almost completed, and I paid most of the remaining balance in dribs and drabs, on request from the supplier. Then he took a big payment; failed to turn up at the agreed time to finish the job; and ever since has been fobbing me off with excuses when I ask him to complete the work (and collect the final amount outstanding).

I have taken advice from Trading Standards, who told me to write by recorded delivery, etc. However, I suspect that the company is going bust: my most recent contact with them was ten days ago, and the owner/manager called from a mobile, saying that the office telephones were disconnected 'because we are re-doing our showroom' and asking for an immediate cash payment. I refused to hand over any more money until I see some work, later sent him an email suggesting a solution, but he has not replied.

Anyway, if they are really going insolvent then I don't want to spend time, effort and money on a formal letter sent by recorded delivery (not to mention court fees further down the track). Any suggestions?

Leif

He sounds like a fraudster. I would send the letter, and keep a copy. It does not cost much, but it is the right way to proceed. Depending on the amount he owes you, you might be able to go via the small claims court. Hopefully someone with legal knowledge can answer properly.

Voyager2002

Thanks Leif.

I don't think he owes me much or anything, but I just want the job finished off! In theory I could ask another company to do the work, but they would not know where to find a door matching the units already fitted, so either it would end up looking terrible or they would have to undo and re-do most of the work already done, which would be a shame and cost a ridiculous amount of money.

irnbru_2

Voyager2002 wrote: »

Any suggestions?

Are they listed on Companies House?

Voyager2002

Thanks for the link, irnbru.

They are on the website, and their status is shown as "Status: Active - Proposal to Strike off".

So does that mean that basically they are failing?

And since the owner recently asked me for money against the promise of future work, might that have been a criminal matter? (If so, I might be able to use the fact to encourage him to give me the missing door.)

phill99

A 'proposal to strike off' means that effectively thay haven't traded for three months and have applied to Companies House to have the company struck off. It may not be struck off for a while as creditors (often the Inland Revenue) request that the company is not struck off.

Don't give them any more money and the chances of you getting the work done is zero. Bite the bullet and get someone elase in to finish the work off.

Leif

phill99 wrote: »

A 'proposal to strike off' means that effectively thay haven't traded for three months and have applied to Companies House to have the company struck off. It may not be struck off for a while as creditors (often the Inland Revenue) request that the company is not struck off.

Don't give them any more money and the chances of you getting the work done is zero. Bite the bullet and get someone elase in to finish the work off.

http://www.companieshouse.gov.uk/infoAndGuide/faq/strikingOff.shtml

When I closed my company I think it was marked as Dissolving" or some such, and it is now 'Dissolved'.

ryder72

A kitchen unfinished for 2 years is definitely worrying.

If the company is being struck off, changes are they may reemerge as another entity. I would recommend that you offer them the chance to do the work and then pay for it.

Small claims court is unlikely to get you anywhere in the timeframe you have available to get resolution, especially since your contract is with a company thats about to not exist shortly.