Boiler installation contractor has not done anything who do I sue to get money back - as below

MicaF

I made a contract with a gas engineer in Edinburgh to install a new gas boiler in my flat. It was through the limited company. I paid the 600GBP deposit however to the owner's personal account as that is what he said to do. Three weeks later they have literally done nothing. Not schedule installation appointment no receipt for supposed boiler purchased. I told him if they do not set up the appointment by end of week this week 10 March and install by 17 March then I will take them to court to get my money back. So my question since contract was with the company but personal account paid, whom do I sue? The limited company or the individual? Please advise as the company never received the money. Thank you. 

MicaF

ie the individual received the money for the company. Not that  I never paid anything.

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, give the legal helpline provided by your insurer a call. They will be able to tell you what to do. 

born_again

What's on the invoice?

While it's a Ltd co. Are they sole traders?

km1500

If you paid the money to the personal account then they have no.Ltd company protection and you sue them personally.

diystarter7

Hi OP

Have you looked their feedback up and especially recent feedback? That should give you an idea of what is going on.

This wont help you OP, but I've always said, dont pay up front and if you do, pay a hundred or more quid via cc for protection, limit is 30k I think

I hope you get it sorted.

Thnaks

bris

There is a law that can allow you to sue both in a joint claim if you believe the director has gone outside the LTD co, which it looks like he has.

Directors can take payments to their personal account though as long as it properly recorded in their companies books

Depending on timescales but I'm not sure how long he has to tell the company about the payment.

The law is called "joint tortfeasor"

tacpot12

bris said:

There is a law that can allow you to sue both in a joint claim if you believe the director has gone outside the LTD co, which it looks like he has.

Directors can take payments to their personal account though as long as it properly recorded in their companies books

Depending on timescales but I'm not sure how long he has to tell the company about the payment.

The law is called "joint tortfeasor"

I was aware of this, but wasn't sure it applied in Scotland. Not living in Scotland I have no knowledge of Scots law, so don't offer advice on it. Does joint tortfeasor apply in Scotland? 

born_again

Try companies house & see what info is held on directors & if accounts are up to date etc.

As while you can take them to court, there is no guarantee that you will get your £600 back.