Builder dissolved company

Young_Wolvers

We've had some work done on our house (extension built) but after 12 months it hasn't been finished.
We've asked the builder for a refund of some of the money paid and he is saying he has dissolved the company.
We have discovered from Companies House that his business was dissolved by compulsory strike off on 30th March. The last payment we made was on 27th April.
Can I argue that the payment was made after the company was dissolved and was therefore made to the individual and not the company. Ie could we take him to court.

user1977

Where did the payment go? A bank account in the name of the company?

Young_Wolvers

The bank account is just in the individuals name.

user1977

If he isn't taking over the contract, on what basis is he keeping the money then? It's unjust enrichment, in the same way that it would be if you had accidentally sent the money to me. You're entitled to it back from him.

cx6

If you paid the money into his own bank account then you didn't pay it into the company's bank account but to him personally.

So yes, you could sue him for it back.

the_lunatic_is_in_my_head

OP a limited company shouldn't be accepting funds or making payments from personal accounts. 

How do you know it's their personal account? Bank accounts belonging to limited companies can have a person name attached? 

Did you get any paperwork from the builder?

If so did it have a VAT number on and if so who does it belong to?

https://www.gov.uk/check-uk-vat-number

Did any paperwork state the limited company name and company number? 

Young_Wolvers

Thanks for the replies. We don't know for definite whether it's a business or personal account, just that the bank details we have are in his name rather than the business name. Is there any way to confirm this?  He was struck off so I'm not sure he was so keen on following the rules.

Would the business bank account have been able to stay open after the company was dissolved or was a month too soon for it to have been closed?

We don't really have any paperwork, just emails which I don't think ever had company number on. Stupid I know but we went with this builder as we knew someone who worked for him. They have been let down aswell unfortunately and gave had to get a new job.

cx6

How did you pay? If by bank transfer the confirmation of payee would have helped you work out if the bank account was in their personal name or in the name of the company ie Ltd.

Try setting the builder up again as a new payee. On the COP screen see what matches the sort code and account no you use. Try their name and the name of the company as well see what matches.