Can I take a dissolved ltd company to small claims court?

Mummymills

We had building work, extension, new bathrooms etc etc on our house in nov 16- march 17. The work was never finished to the proper standard, the ensuite leaks and has never been used, some items were not completed like thermostats for underfloor heating, soak aways etc and we dont have a building certificate or elec and gas safety cert. I want to take the builder to small claims, for approx 6k but he has dissolved the company (he knew I wanted to take him to small claims so I think that's why he has done it.)

I paid most of the money by bank transfer to his business account but some of it was cash and some direct to his personal account.

Can I still take him or the dissolved ltd company to small claims? Its causing me great anguish now and after nearly 2 years we still dont have a working shower and ensuite and will probably struggle to sell the place as we dont have a building cert.

agrinnall

I don't see how, the company no longer exists and there are therefore no assets for you to claim against. What you should have done was prevent the dissolution, but perhaps you weren't aware of it before it was done and dusted. Whether it's possible for him to be help personally responsible I will leave to other more knowledgeable members to advise, although I suspect the answer will be no.

bris

If you paid him cash and to his personal bank account then you can sue him personally for this amount.
He clearly didn't put this through his ltd co so it's out the loop. The courts would ask him to prove it went through the company but my guess is he deliberately held onto this money, this makes him personally fair game.


Forget the company go after him.

Castle

Technically you could apply to the courts to get the dissolved company restored, but if there are no assets it would be pointless and you'll still be a unsecured creditor in any event.
https://www.gov.uk/claiming-money-or-property-from-dissolved-company/restore-company-court-order

Bris's idea is far better especially if you have any evidence that he asked for the cash to be paid to him or through his personal account.