Small claims when change of name/owners

SmallClaimant123

Long post but I need to get this right. 

I was just about to take a building company to small claims court for a refund - they had a chance to redo the work but ignored me. But something has just changed on Companies House. 

They were called “ABC GB” (not their actual name) with Director A in charge when they did the work. Then when I started my complaint, there was Director B in charge who promised to solve everything. Now Director B left, set up his own company and Director A took over again. 

Then in September Director A changed the company name on Companies House to “XYZ Ltd” (not the actual name) but kept the same company number. 

Now a Google search for the original company brings up a new company called “ABC UK” with totally new directors. They still use the same office, continue to use all of the GB company’s good reviews on various review sites and the logo is almost the same. But they claim ABC GB’s work is nothing to do with them as ABC GB have been dissolved. 

Obviously I’m not giving up, so do I:

• Take UK to court as they’re pretty much pretending to be GB 
• The renamed XYZ Ltd set up by Director A with the ABC GB company number - it can’t have dissolved yet as the name change only happened in September.
• Director B and his new company as he promised to redo the work whilst director at ABC GB but then never did)

user1977

Your claim is against the company (i.e. the entity which still has the company number) with which you originally contracted - changes of company name / directors / shareholders don't make a difference. Unless any "promises" from other entities were backed up legally?

eskbanker

I'd have thought that you'd need to pursue XYZ if they retain the company number used by the company you engaged, but all of the above shenanigans would imply that chances of actually recovering any money would be minimal....

SmallClaimant123

Yeah that’s what I’m thinking sadly. Will submitting a small claims application against XYZ ASAP get me anywhere if they’re planning to dissolve in two months time?

Also surely ABC UK claiming all of ABC GB good scores but disowning any of GB’s work is illegal?

SmallClaimant123

user1977 said:

Your claim is against the company (i.e. the entity which still has the company number) with which you originally contracted - changes of company name / directors / shareholders don't make a difference. Unless any "promises" from other entities were backed up legally?

Nothing other than an email from Director B whilst still in charge

eskbanker

All you can do is submit your claim and take it from there, but winning and actually seeing the money are very different things!

Not aware of any illegality in 'claiming reviews'?

SmallClaimant123

eskbanker said:

All you can do is submit your claim and take it from there, but winning and actually seeing the money are very different things!

Not aware of any illegality in 'claiming reviews'?

Yeah not going to do anything about that one. But interesting. Some con artist could just take the name of another company who’ve just dissolved, change the name slightly and Google/Trustpilot etc carry on as if you’re the same entity 

Arunmor

I'm very surprised that they just didn't dissolve the company.  Keep a close eye on it.  

DullGreyGuy

A company is an entity in its own right, it can enter into contracts and it can be sued for breaching contracts. Like humans it is free to change its name if it wants. 

Just like we cannot change our fingerprints a company cannot change its number, it's the perpetual immutable part of the identification of the entity. Ideally your contract identifies the entity by number and so you just pursue the entity with that number and who the directors or shareholders are or what it calls itself today is immaterial. The only time it would be of interest is if any director gave a personal guarantee in addition to the company