Can I take proceedings against a builder company after 5 years and 8 months?

user1977

Usman90 said:

I have checked the companies houses and it says dissolved in 2015 under the first company name, however the second company name is showing active. The first company name was.**** Paving limited.. And the new company name is **** construction limited. So with the company name paving has been replaced with construction. 

But they're different companies. If the company with whom you had a contract has been dissolved then you can't sue somebody else just because they have similar names or you think the same individuals are behind them.

MobileSaver

Usman90 said:

I have checked the companies houses and it says dissolved in 2015 under the first company name, however the second company name is showing active. The first company name was.**** Paving limited.. And the new company name is **** construction limited. So with the company name paving has been replaced with construction. Yes I am sure it's the correct company as I remember the website which is the same and the company logo is also still the same. I have been in contact with the company and they have no interest in what I want to say, I did tell them if I don't receive a satisfactory response I will take court proceedings. Sent a few messages with no response. 

That could be a serious and potentially fatal problem. XXXX Paving Limited and XXXX Construction Limited are two entirely different legal entities. If you entered into a contract (and paid) XXXX Paving Limited (which is now dissolved) then there is no longer a valid legal entity that you can issue proceedings against.

What company names are on the contract and/or invoice(s) and/or receipt for the payment(s) you made? Do any of those documents state XXXX Construction Limited? If not then you may as well give up now (unless you paid after the Paving company was dissolved?)

Even if they do then what do the company accounts for XXXX Construction Limited show? If they show the limited company has no money or assets then you are still wasting your time as even if successful there may be no money to pay you.

Usman90

It's not because they have similar name's.. The logo next to both of the company name's are the same.. How can two separate companies that have nothing to do with each other share the same company logo? Apart from this the website url is still the same.. As well as the website layout.. All that's changed is the company name and the address.. I believe this is definitely the same company. My contract has the name of the company that has been dissolved. Xxxx Paving limited dissolved in May 2015... This company did the work for me in December 2015 going onwards, xxxxx construction limited incorporating in January 2015. Regarding xxxxx construction limited there's one charge registered and accounts overdue.. When you click on people under xxxx construction limited it says a name which is the same name of the guy I worked with. 

user1977

If they have different company numbers then they are different companies. That's how it works. Things like logos are completely irrelevant.

But it sounds like it was in fact the "new" company who did the work for you, even though the contract was worded in the name of the dissolved company? Did you enter into this contract after that company dissolved?

Usman90

So the company number for the old and new company have different company numbers however with xxxx paving limited the registered office address is for the old address, But the correspondence address for xxx paving limited is the new address which is the same address of the new company.  With the new company the correspondence address and the registered office address is the same address. The complete name of the person is the same with both companies. Yes that's correct the new company had done the work for me but worded the contract in the name of the dissolved company. The company did the work for me approx 6 months after xxxx paving limited had dissolved.

Thrugelmir

Usman90 said:

The company did the work for me approx 6 months after xxxx paving limited had dissolved.

Who did you pay ? 

Usman90

Payment was completed through bank transfer to a sort code and account number provided by the man in charge of the job.. This is the same person of both companies 

Jenni_D

Thrugelmir said:

Usman90 said:

The company did the work for me approx 6 months after xxxx paving limited had dissolved.

Who did you pay ? 

Good point - it shouldn't have been possible to pay a dissolved company.

Jenni_D

Usman90 said:

Payment was completed through bank transfer to a sort code and account number provided by the man in charge of the job.. This is the same person of both companies 

Is there a way to determine the nature of that account? (i.e. is it a business account or a personal account?) Is there a way of checking with the old and new companies used the same account?

Given the latest info - is there mileage in the OP claiming personally against the listed director?

Sandtree

Jenni_D said:

Usman90 said:

Payment was completed through bank transfer to a sort code and account number provided by the man in charge of the job.. This is the same person of both companies 

Is there a way to determine the nature of that account? (i.e. is it a business account or a personal account?) Is there a way of checking with the old and new companies used the same account?

Given the latest info - is there mileage in the OP claiming personally against the listed director?

At the time there wouldnt have been but now with Open Banking then it potentially is possible. Certainly with Barclay's when setting up a new Payee for a Faster/BACS payment it will ask you the name on the account and will either say matched, not-matched or in certain circumstances tell you the name... when paying our service charge this time I put it was XXX Estate Management Ltd and Barclays came back saying it was XXX Property Management Ltd and did I want to continue

Unfortunately however who you paid isnt proof of who your contract is with... I can ask my clients to pay me, my agent, my creditor or anyone else if I wanted to. An issue only exists if my reasons for doing so are to hide revenues but thats between my company and HMRC/Shareholders.

Its very difficult to pursue directors unless there is a personal guarantee from them in the contract.

The OP says the company was dissolved in 2015 and that its almost 6 years ago that the issue occurred given dates its therefore potentially correct that they paid the company shortly before it was dissolved but the OP would need to confirm exact dates.