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Claiming if company ceased trading
ellissa
Posts: 114 Forumite
Hi all
Just wanting to pick your brains if I may...
Long story short, we had a boiler fitted in Jan 2012 at a cost of £1800. When having it serviced by manufacturer in Dec 2012 they condemned it saying there was a number of defects with the fitting. It was immediately dangerous. We had to move out (Myself, Hubby and baby).
The guy who fitted the boiler was Gas safe registered and working for himself. Gas safe also condemned the boiler. 1 week later we had letter from Gas safe saying they could not take action with the fitter because he had withdrawn his registration with them. We wrote to the fitter who said he could not make the boiler good but he would settle the bill if we got someone to do it. We did, at a cost of £500.
We forwarded bill to fitter who responded saying he had ceased trading and dissolved company so was not now liable. He provided us with details of his insurance companies. From research I can see that he is still registered at Companies House.
Can I pursue him to get my money back? If so, how? Please advise - I work full time and have a one year old and making any progress on this is proving difficult. MSE people, you are my only hope!
TIA
Ellissa
Just wanting to pick your brains if I may...
Long story short, we had a boiler fitted in Jan 2012 at a cost of £1800. When having it serviced by manufacturer in Dec 2012 they condemned it saying there was a number of defects with the fitting. It was immediately dangerous. We had to move out (Myself, Hubby and baby).
The guy who fitted the boiler was Gas safe registered and working for himself. Gas safe also condemned the boiler. 1 week later we had letter from Gas safe saying they could not take action with the fitter because he had withdrawn his registration with them. We wrote to the fitter who said he could not make the boiler good but he would settle the bill if we got someone to do it. We did, at a cost of £500.
We forwarded bill to fitter who responded saying he had ceased trading and dissolved company so was not now liable. He provided us with details of his insurance companies. From research I can see that he is still registered at Companies House.
Can I pursue him to get my money back? If so, how? Please advise - I work full time and have a one year old and making any progress on this is proving difficult. MSE people, you are my only hope!
TIA
Ellissa
0
Comments
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Is (was) he a Ltd company or a sole trader?0
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If he was a Ltd and has dissolved, you're stuffed.0
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Dig out his quote. If he represented himself as a Ltd company, you are stuffed, but if he represented himself as a sole trader or any non limited type of entity, you stand a much better chance of getting your money back via the courtsYou might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0
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Have you contacted his insurers yet?0
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The company could have easily ceased trading. This means there will be no assets, stock in trade or cash. Therefore you will not get anything from his company if you bring an action.
Once a company ceases trading, it takes many months or sometimes, years to be struck off the register of companies. Therefore when you look at Companies House, it may well show the company as still being registered, but this won't mean that the company is trading.
Not sure how his insurances will help.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
Not sure how his insurances will help.
His public liability insurance. If his insurance was up to date at the time of installation OP may still be able to make a retrospective claim for, his negligence would be covered by the damages to a third party part of the policy.Accept your past without regret, handle your present with confidence and face your future without fear0 -
It would be professional indemnity insurance op would be looking to claim from0
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What's the betting he starts up again and appears on the gas safe register as his new company too...0
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It would be professional indemnity insurance op would be looking to claim from
It can be either/or, as a plumber he's more likely to have had PL than PI, as a cowboy he's unlikely to have had both and OP is lucky he had any
Accept your past without regret, handle your present with confidence and face your future without fear0 -
peachyprice wrote: »It can be either/or, as a plumber he's more likely to have had PL than PI, as a cowboy he's unlikely to have had both and OP is lucky he had any
No, a public liability insurer is unlikely to cover poor workmanship unless it has caused injury or damage.0
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