Issues with builders

Craig2909

Hello all
I would like to pick your collective brains please with regards to possible small claims case against our builders.

A year after the build was complete, we have developed a leak in the roof.
Since Nov 2018 our builders have been messing us around with false promise of visiting the site to rectify the issue, They've still not been.

I have to consider paying someone else to fix the leak & would like to take our builders to the small claims to recover the costs.

Problem!
Our builders call themselves (not real names used) ABC but are registered with companies house as XYZ.
The father was the director during our build but now the son is the director.
Looking at their history on Companies House, they appear to swap who is the director every 12 months and their name ABC has gone under whilst being called a different name each time i.e. ABC1, ABC2 etc

Question:
Who do I name on the small claims if I do go down this route please?

It's worth pointing out, that the business is limited.

Any help and advice would be very much appreciated please.
Craig

AndyMc.....

Craig2909 wrote: »

Hello all
I would like to pick your collective brains please with regards to possible small claims case against our builders.

A year after the build was complete, we have developed a leak in the roof.
Since Nov 2018 our builders have been messing us around with false promise of visiting the site to rectify the issue, They've still not been.

I have to consider paying someone else to fix the leak & would like to take our builders to the small claims to recover the costs.

Problem!
Our builders call themselves (not real names used) ABC but are registered with companies house as XYZ.
The father was the director during our build but now the son is the director.
Looking at their history on Companies House, they appear to swap who is the director every 12 months and their name ABC has gone under whilst being called a different name each time i.e. ABC1, ABC2 etc

Question:
Who do I name on the small claims if I do go down this route please?

It's worth pointing out, that the business is limited.

Any help and advice would be very much appreciated please.
Craig

So the liability for your roof lies with a company that is still trading or have they folded it?

Craig2909

Hi the company is still trading under their trading name, which was dissolved before we took them on. Did not know that then but this trading name is trading on behalf of the company that they have registered with Companies house, which is still active !!!
Clear as mud, sorry.

davidmcn

Craig2909 wrote: »

Hi the company is still trading under their trading name, which was dissolved before we took them on. Did not know that then but this trading name is trading on behalf of the company that they have registered with Companies house, which is still active !!!
Clear as mud, sorry.

Ignore the trading names, look just at the legal names. Which company was your original contract with? And do they still exist?

Craig2909

The company that they have registered at Companies house since Jan 2017 - during the period we hired them is a Private limited company.

If this info helps !

Craig2909

The company that we had the contract with had dissolved prior to the contract, which I've just learnt reading their history on Companies house.
Sorry for any confusion

tacpot12

If the limited company that you had your contract with had been dissolved then a contract with that company was never formed. A contract might have been formed with the person who was using the company's name but I am very uncertain if this is the case. You need expert legal advice.

If you have home insurance you may have some legal advice cover included with it. Review your policy and give the legal advice helpline number a call if you have this cover. If you don't, you may be able to find a local solicitor who will give you a free consultation for upto 30 minutes.

Craig2909

Having the contract with the person, would suit me best. As if I take their company either one the one they were operating under the name of or the one registered, they could just fold looking at their past record but to name them would be far better!
I just need to make sure this is correct first.
Thanks again

davidmcn

Craig2909 wrote: »

The company that we had the contract with had dissolved prior to the contract, which I've just learnt reading their history on Companies house.

So the company named on the contract is one which had already been dissolved at the time you entered into the contract?

Who did you pay, and how?

Craig2909

davidmcn wrote: »

So the company named on the contract is one which had already been dissolved at the time you entered into the contract?

Who did you pay, and how?

Yes that's correct, looking on Companies House they were already dissolved but the paperwork they gave me had the dissolved name as their letter head.

I paid a bit in cash and the rest by bank transfer to an account number. Not sure what name the account was in, I don't recall knowing other than the account No and sort code.

Craig2909

Would I be right in thinking, if the company was dissolved when we agreed the contract, then my contract would be with the person? Therefore it is the person I name on the small claims?

Any help would be appreciated please.