Driveway company in liquidation - how do I get compensation?

ThranduilsQueen

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

It was a company based in Sheffield, called Master Seal Solutions Ltd.

No, it's their own warranty.

Unfortunately, I don't want to dig into the redundancy money anymore - after paying off some credit card debt and living off the redundancy money since August last year when I was made redundant, quite a bit of it has gone already, as I became also quite ill, and 9 months down the line, I'm still having various scans and tests to see what's causing the debilitating symptoms. Almost £3k went on private consultants and tests so I could have the issues investigated quicker. And no, it wasn't exactly a fortune, as they capped it at 20 years and the terms weren't that generous! Also, I got taxed on it! I need to keep it as the way the job market is at the moment (when i have been feeling better, I had applied for 26 jobs and got none, despite my expertise, studies, professional membership, etc.!) and given I don't know where this illness is going to go... it means when the redundancy money runs out, I'm left with nothing! So, naturally, I would rather not have to spend money on a new driveway! I paid for it with a further advance on the mortgage!

born_again

ThranduilsQueen said:

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

It was a company based in Sheffield, called Master Seal Solutions Ltd.

No, it's their own warranty.

Unfortunately, I don't want to dig into the redundancy money anymore - after paying off some credit card debt and living off the redundancy money since August last year when I was made redundant, quite a bit of it has gone already, as I became also quite ill, and 9 months down the line, I'm still having various scans and tests to see what's causing the debilitating symptoms. Almost £3k went on private consultants and tests so I could have the issues investigated quicker. And no, it wasn't exactly a fortune, as they capped it at 20 years and the terms weren't that generous! Also, I got taxed on it! I need to keep it as the way the job market is at the moment (when i have been feeling better, I had applied for 26 jobs and got none, despite my expertise, studies, professional membership, etc.!) and given I don't know where this illness is going to go... it means when the redundancy money runs out, I'm left with nothing! So, naturally, I would rather not have to spend money on a new driveway! I paid for it with a further advance on the mortgage!

If you have savings of less than £16K between you.
Then investigate UC.

https://www.entitledto.co.uk/

To see what benefits you maybe able to claim 👍

GDB2222

ThranduilsQueen said:

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

It was a company based in Sheffield, called Master Seal Solutions Ltd.

No, it's their own warranty.

Unfortunately, I don't want to dig into the redundancy money anymore - after paying off some credit card debt and living off the redundancy money since August last year when I was made redundant, quite a bit of it has gone already, as I became also quite ill, and 9 months down the line, I'm still having various scans and tests to see what's causing the debilitating symptoms. Almost £3k went on private consultants and tests so I could have the issues investigated quicker. And no, it wasn't exactly a fortune, as they capped it at 20 years and the terms weren't that generous! Also, I got taxed on it! I need to keep it as the way the job market is at the moment (when i have been feeling better, I had applied for 26 jobs and got none, despite my expertise, studies, professional membership, etc.!) and given I don't know where this illness is going to go... it means when the redundancy money runs out, I'm left with nothing! So, naturally, I would rather not have to spend money on a new driveway! I paid for it with a further advance on the mortgage!

In the circumstances, try to get someone to patch up any bits of the driveway that are dangerous, as cheaply as possible. Any cosmetic issues are not that serious compared to being ill. So, don’t sweat the small stuff, as they say. 

prowla

Unfortunately, that insincere warranty isn't worth the paper it's written on.

lincroft1710

GDB2222 said:

ThranduilsQueen said:

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

It was a company based in Sheffield, called Master Seal Solutions Ltd.

No, it's their own warranty.

Unfortunately, I don't want to dig into the redundancy money anymore - after paying off some credit card debt and living off the redundancy money since August last year when I was made redundant, quite a bit of it has gone already, as I became also quite ill, and 9 months down the line, I'm still having various scans and tests to see what's causing the debilitating symptoms. Almost £3k went on private consultants and tests so I could have the issues investigated quicker. And no, it wasn't exactly a fortune, as they capped it at 20 years and the terms weren't that generous! Also, I got taxed on it! I need to keep it as the way the job market is at the moment (when i have been feeling better, I had applied for 26 jobs and got none, despite my expertise, studies, professional membership, etc.!) and given I don't know where this illness is going to go... it means when the redundancy money runs out, I'm left with nothing! So, naturally, I would rather not have to spend money on a new driveway! I paid for it with a further advance on the mortgage!

In the circumstances, try to get someone to patch up any bits of the driveway that are dangerous, as cheaply as possible. Any cosmetic issues are not that serious compared to being ill. So, don’t sweat the small stuff, as they say. 

Although I agree with this in principle, some companies will not want to try and repair others' mistakes and say the driveway will need digging up and replacing. Also the OP must ensure any contractor they engage is competent to effect the repair otherwise they are chasing good money after bad. Or absolve themselves by saying they'll do the repair, but because of the original poor workmanship cannot guarantee their repair will last

Hoenir

ThranduilsQueen said:

Voyager2002 said:

Since you paid by bank transfer, you have no redress. Had you made any payment towards the work on a credit card, you would have been protected.

No, none. Both the deposit and the remainder were made by bank transfer, into the directors' accounts. Stupid, i know. Should have rang a bell then...

No great suprise the Company became insolvent then. Though there's no harm in reporting this.  As the Directors obviously set out to trade fraudently and in contravention of Company Law. 

ThumbRemote

ThranduilsQueen said:

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

Also, I got taxed on it! 

I believe that redundancy pay up to £30,000 isn't taxed so, without prying into your circumstances, do check that you've been taxed correctly. 

Grumpy_chap

ThranduilsQueen said:

@Grumpy_chap - no such luck, it's their own warranty: 

I know you don't want to hear this, but the issues with the driveway need to be put down to experience.  Attempting to pursue the liquidated Ltd Co. or the warranty will be a futile exercise and simply throwing good money after bad.

ThranduilsQueen

Grumpy_chap said:

ThranduilsQueen said:

@Grumpy_chap - no such luck, it's their own warranty: 

I know you don't want to hear this, but the issues with the driveway need to be put down to experience.  Attempting to pursue the liquidated Ltd Co. or the warranty will be a futile exercise and simply throwing good money after bad.

Oh it's OK, I kind of knew that when I posted, I just wanted to double-check there wasn't anything missed and could have done... One expensive mistake.

ThranduilsQueen

ThumbRemote said:

ThranduilsQueen said:

DullGreyGuy said:

ThranduilsQueen said:

Hi, I'm hoping for some help - my first post here. Not sure if I am allowed to name a company (I read the rules but I couldn't see anything clearly stating you can or cannot name a company), so I won't name them, just explain the situation.

In October 2021, we had a new resin driveway laid, for which we paid £8,395. We were given a Warranty Certificate for 10 years. Now, not even four years later, the driveway looks horrible and it's cracking all over the place, in one place it's a H&S hazard as it's on a step down from the back door.

To be honest, we had some issues with the company even during the process, with difficulties in responding to emails, frequent changes in the person who would contact us etc. 

As I suddenly couldn't get hold of them AT ALL this year, I checked Companies House only to discover that - the irony! - on my birthday this year the firm had gone into liquidation!

I emailed the liquidators and received the following message back:
"Afternoon, [name]

I refer to your e-mail below and apologise for the delay in coming back to you.

As you are aware, the company is in liquidation and had ceased trading prior to the liquidation commencing. Under the circumstances, the company is not in a position to be able to carry our any remedial works to your driveway. Unfortunately, it also means that the company is not able to honour the guarantee that you were given either.

To the extent that you have suffered a loss as a result of this, in relation to the rectification works that are required, this leaves you with an unsecured claim in the liquidation of the company. 

Unfortunately, based on information currently available, it is unlikely that there will be sufficient funds realised to allow a dividend to be paid to the unsecured creditors in this matter. I have attached a copy of the initial information that was sent to creditors for your information.

We will retain your details on file and we contact you accordingly should the position change and there is a likely to be a return paid to creditors.

I am sorry that this is probably not the news you were hoping for, and if you have any queries then please feel free to come back to me.

Regards, 

Name

Joint Liquidator

Licensed in the United Kingdom to act as an insolvency practitioner
by the Insolvency Practitioners Association"

Is there anything I can do otherwise? 

I was made redundant last year, after 25 years with the bank I worked for, so I don't have the money to start from scratch with a new 8k driveway - assuming it's not even more expensive!

And I can't even claim under Section 75 as I didn't use my credit card for the purchase, I paid by bank transfer...

Thank you!

There are no rules that prevent you from naming companies here, unless you are being excessive rather than just presenting facts.

Most companies that enter liquidation do so because they have less money than debts. There is a hierarchy of payments the liquidator has to follow as they generate cash by selling off assets. As an unsecured creditor you are at the very bottom of the list and so typically if you get a few percent of what you are owed you are doing well as many get nothing at all. 

Check the warranty, most are just the company themselves and so if they fold it goes with them but some are backed by an insurer and therefore out survive the company. 

Hopefully with 25 years service the redundancy was reasonable and whilst understandable that you dont want to pay out a chunk on a new driveway right now once you get back into gainful employment you may be in a position to look at a fix. 

Also, I got taxed on it! 

I believe that redundancy pay up to £30,000 isn't taxed so, without prying into your circumstances, do check that you've been taxed correctly. 

You're quite right and yes, I was taxed on the rest...