Small Claims court LTD companies

hunggaur

hi folks i have a problem with a builder and need to take him to court however I know what will happen he will just close his limited company down.

however someone has stated to me that if the problem is due to negligence then he cannot walk away from the problem.

Is this correct and do I have site both the company and him on the application form

cheers

Jon

Buzby

You can only 'cite' the entity you contracted. If a ltd company, then you have no chance of pursuing any individual, even if he did the work, unless he agrees.

Atidi

hi folks i have a problem with a builder and need to take him to court however I know what will happen he will just close his limited company down.

He has to give notice to close down his ltd company - about 3 months I think.
If you are a creditor, you can appeal against the closing down ... but if the ltd co has no money, then you can't get bollod out of a stone.

hunggaur wrote: »

however someone has stated to me that if the problem is due to negligence then he cannot walk away from the problem.

Directors of a ltd co may be held personally liable only in certain circumstances, such as wrongful trading, trading whilst knowingly insolvent, etc.

hunggaur wrote: »

Is this correct and do I have site both the company and him on the application form

If you are is dispute about a contract you entered into, and now fee you wish to take the matter to court having exhausted all other avenues, your claim is against with the party you entered the contract with, which is presumably the ltd co.

I urge you to seek independent legal advice first.