Small claim against dissolved limited company

omelettesandeggs

Hi,

Does anyone know where I can find any guidance regards (or reference to a case which has been successful in claiming against) "a trader fails to disclose that they are a limited company and there is then a breach of contract, the consumer may be able to claim against the directors of the business as individuals. If a trader fails to disclose that they are acting as an agent for someone else, then the consumer may be able to make any claim directly against that trader".

We have a claim based on a breach of the sales of goods act against a now dissolved limited company and the director is claiming no liability.

Thanks in advance for any help or hints

wealdroam

omelettesandeggs wrote: »

Hi,

Does anyone know where I can find any guidance regards (or reference to a case which has been successful in claiming against) "a trader fails to disclose that they are a limited company and there is then a breach of contract, the consumer may be able to claim against the directors of the business as individuals. If a trader fails to disclose that they are acting as an agent for someone else, then the consumer may be able to make any claim directly against that trader".

We have a claim based on a breach of the sales of goods act against a now dissolved limited company and the director is claiming no liability.

Thanks in advance for any help or hints

Who did you buy from?

omelettesandeggs

A motor trader. Company consisted of two people.

LABMAN

omelettesandeggs wrote: »

A motor trader. Company consisted of two people.

Do you not want specify who exactly?

unholyangel

omelettesandeggs wrote: »

A motor trader. Company consisted of two people.

So who did they hold themselves out as being?

bris

When you go into Morrisons for your weekly shop does the cashier tell you it's a limited company? No of course not, there is no law that states you need to be told.


In rare circumstances the dissolved company can be reinstated if you apply to the courts proving they owe you money. You would need to take your claim to the small claims court first and get a judgement in your favour. This would only be worth the time and money if they actually had any assets before they were dissolved.


It's very difficult to make a director personally liable for company debts, this would mean they acted illegally but you would need to prove it. You wont be the first person a company has folded to avoid paying debts to and you wont be the last.

omelettesandeggs

Why is it important?

omelettesandeggs

(Who the company was I mean)

hollydays

omelettesandeggs wrote: »

(Who the company was I mean)

It's only that there may be more information about them online that you haven't discovered

omelettesandeggs

No the cashiers at Morrisons don't tell me but the information is available on their website should I want to know who i'm dealing with. The company I bought a car from omitted 'limited' from their name on their webpage and all correspondance and company information. In my original post I wondered what the guidance is regards the point in the trading standards information I quoted therein.

"If a trader fails to disclose that they are a limited company and there is then a breach of contract, the consumer may be able to claim against the directors of the business as individuals".

Does this mean very little do you think?

hollydays

omelettesandeggs wrote: »

No the cashiers at Morrisons don't tell me but the information is available on their website should I want to know who i'm dealing with. The company I bought a car from omitted 'limited' from their name on their webpage and all correspondance and company information. In my original post I wondered what the guidance is regards the point in the trading standards information I quoted therein.

"If a trader fails to disclose that they are a limited company and there is then a breach of contract, the consumer may be able to claim against the directors of the business as individuals".

Does this mean very little do you think?

Have you done a Whois check on the website?