Advice wanted (small claims)

arthurcook

Hello,

I'm posting this in chunks so hopefully people will be able to see the issues and advise.

I got a local building firm to put a roof on an outhouse near me and it started leaking within a year. I took photos of leaking prior to repair for evidence.

Rang up original company (this was before new builder reparied roof) to be told that company was no longer trading, so hard cheese. The company has a parent company that does other things, and they say the building arm has been wound up.

Quick search on companies house website and phone call to insolvency service and both say still active as far as they are concerned, they have no records of company winding up.

A subsequent written letter to original builder pointing this out and asking for response was ignored. After this I had to get the roof repaired by another builder as it was starting to deteriorate fast. Second builder commented work was poor and advised to seek recompense through trading standards and citizens advice.

So following advice from CAB, informed that small claims would be the next step after failing to resolve with original builder as they were not a member of any ombudsman or trade body that could facilitate resolution, and turned down mediation through general consumer ombudsman, again on grounds that they were no longer trading.

I am fine with going to small claims court if there is the possibility of a successful outcome, but the fears I have with this are that;

a) I have no reciept for the original work, as none was given and (stupidly) made payment in cash. Having said that, original company has not disputed they did the work, and may not know themselves that they failed to give a reciept. I have email correspondance showing that I agreed to the work going ahead and the quote given.

b) Perhaps more significantly, the company has a small companies exemption from filing accounts. Even were I to get a judgement, I'm afraid that there would be no proof that the company has any cash to pay damages. Putting myself in their position (as the ne'er do well builder) I would simply claim the company was insolvent and liquidate before judgement enforced. It may be that the company is trading, or it maybe that they have indeed ceased to operate but simply haven't bothered to tell companies house.

Either way, should I pursue small claims court or write this off to experience? Amount paid to original builder was about a thousand pounds, and repair was two thousand, so a considerable amount of money lost.

Thanks in advance for anyone giving advice.

A.

steampowered

Does the company you contracted with have any premises? If not, it may well be a shell company and launching a small claim against that company is likely to be pointless.

bris

If the company is no longer trading then there is nobody to sue.


Post the company name, there are people on here who can do a bit digging.

arthurcook

Hi Bris,

Company is Vanguard Property Maintenance Ltd

Companies House number 09018951

A.

steampowered

https://beta.companieshouse.gov.uk/company/09018951/filing-history

Their last set of accounts, ending 28 February 2016, indicated £4k of assets, £28k of debtors (money owed to the company) and £30 creditors (money owed by the company).

Not a big operation but at least a little bit was in there.

It has been just under a year since those accounts were up to date, so it is possible that the company may have stopped trading in the meantime.