Paid but goods not provided

dp87_2

Hi I recently have recently taken action against a ltd company through small claims court as they have taken money off me but not provided the goods. I now fear that they are trying to disolve the bussiness to avoid paying me back but my question is this as I payed through bank transfer directly into the owners personal account if the bussiness is devolved can I persue the owner instead as it was their account the money was paid into not a company account thanks 

[Deleted User]

No. You need to pursue the company.

pbartlett

"as they have taken money off me but not provided the goods"

No they haven't - you have not paid the company anything.

The person and the company are separate legal entities.

The_Fat_Controller

Why on earth did you pay into a personal account ?

Do you have an invoice and receipt showing exactly what you have for ?

mattyprice4004

If you paid a personal account I'd argue that you could indeed pursue the person - that's who you paid, and who has your money.

bris

It's about the invoice not the person it was paid to, what name is the invoice in? It's legal to pay company money directly to a personal bank  account like drawings or dividends  as long as it's recoded properly in the companies books. 

The chances of it being recorded properly are slim though if they are going bust.

The only way to win this is by small claims court, the courts will make them prove how the payment was recorded. If they can't then they are in trouble because it's fraud stealing a companies money no matter if you are the director or not.

Mazintim

Are you allowed to name the company to avoid others from doing the same or no?

Jenni_D

dp87_2 said:

Hi I recently have recently taken action against a ltd company through small claims court

Has that action completed and did you win?

sheramber

If you took action against a ltd company then the judgement will be against the ltd company, regardless of who you paid.