Company did not provide good paid by bank transfer

J66998821

Please could you give me some advice on how I can reclaim money paid to a company via bank transfer because they haven’t provided the goods. 

Theres also an issue with the way the company was set up. 

Company A was liquidated - whole process took 2 years. Company A appeared to be a reputable business but lost money

Meanwhile, Company B is created, doing the same type of business with the same directors, and a very similar name. Company B has been taking orders for 10 months and hasn’t been able to fulfil them. They’ve likely been insolvent for quite some time. 

Company B ceases trading but hasn’t appointed administrators. And has in fact changed its name to C a few months ago (just a change of name document)

Customer contacts bank for refund. Bank says they’ll raise a case but it’s probably a civil matter as paid by bank transfer

Customer contacts Action Fraud - who will investigate. 

Customer reports company to trading standards. 

Customer considers taking company to small claims court but doesn’t want to throw more money away if no chance of getting anything back. 

Any advice please? 

elsien

How much money are you talking about? And which company did you buy from? 

user1977

J66998821 said:

Company B ceases trading but hasn’t appointed administrators. And has in fact changed its name to C a few months ago (just a change of name document)

 

The change of name is irrelevant - legally it is still Company B.

Why have you told us about Company A? Is that the one you contracted with?

Why have you involved Action Fraud? You haven't told us about any fraud.

RefluentBeans

How longs it been from order to now? What are the goods? Is there a lead time for the products?

Assuming the company is acting in bad faith (ie taking money and never sending goods) I think it’ll be hard to take them to court. Like you say, they’ve shut down one company and opened another one. The name change doesn’t mean anything, but they may be preparing to cut and run. If the company is acting in bad faith and knowingly stealing money, then they’ll likely close up shop when you issue your small claims notice. Hopefully, the company is just going through a rough time and experiencing delays.

I also assume you have followed the standard protocol before starting LBA - so that would be asking for a refund, complaining etc. if you haven’t then I think you should start there. 

J66998821

It was materials which were to be supplied and fitted for our housing project.

We paid approx £5000 almost a year ago and have been met with a variety of excuses. 

We were only told company had ceased trading via a text message. 

We have contacted their business address and the email on the text message and had no response. Company still showing as active on companies house. 

Just asking re Company A because my bank said they aren’t allowed to go insolvent on company A and set up Company B straight away doing the exact same business? 

It’s fraud because as far as I’m aware they haven’t completed any jobs in a good 10 months yet they’ve continued taking deposits from many customers despite knowing they can’t fulfill the orders. 

J66998821

Just to add - the lead time on the items was supposed to be around 8 weeks 

user1977

J66998821 said:

Just asking re Company A because my bank said they aren’t allowed to go insolvent on company A and set up Company B straight away doing the exact same business? 

The bank's legal advice isn't particularly accurate, and you still haven't told us which company you contracted with.

And I can't see that it amounts to fraud from what you've told us (or that that would necessarily help you anyway).

born_again

Bank staff do not give legal advice. They are not trained to. 
So will have been a off the cuff remark. 
Action Fraud will do nothing, except log the case.

But who did you pay A or B?

J66998821

I paid company B 

Do I have any way to claim the money back for goods not being supplied? 

Bank said it’s a civil matter 

trading standards said it’s unfair business practice and told me to go to companies house to reclaim money from administrator 

however since the company has only ‘ceased trading’ but remains active on companies house what happens now? 

I think we are going to need a solicitor but I don’t want to throw yet more money to the wind if there’s really no chance of getting anything back 

eskbanker

J66998821 said:

Customer contacts Action Fraud - who will investigate.

They really won't, I'm afraid:

When you report to us you will receive a police crime reference number. Reports taken are passed to the National Fraud Intelligence Bureau. Action Fraud does not investigate the cases and cannot advise you on the progress of a case.

https://www.actionfraud.police.uk/what-is-action-fraud

user1977

If you don't think the company actually has any assets then I can't see it worthwhile throwing more time and money at it.