Author Topic: what to do after winning in court  (Read 701 times)

buffy4572

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what to do after winning in court
« on: Apr 05, 2011, 12:11:49 PM »
Hi, will try and be as brief as I can... booked a window company in July 09 to build a 3.5m sq conny on the back of my house.  We verbally agreed on £7k.  They were the fitters for a larger company who quoted us £7,400 and told us they were setting up their own business and would undercut by £400 if we went with them instead.  My hubby earns minimum wage so of course we jumped at the chance to save £400, it was the difference between having flooring in the new conny and not.  I should add that we didn't just think oh let's be posh and have a conny added, we needed the space due to two teenage daughters who refused to share a bedroom any longer.  Tried selling house, couldn't.  So converted front room into a downstairs bedroom, dining room to a living room and the conny was meant to be the dining room (kitchen too small for a table).  Cheaper than a loft conversion it seemed the only real option.  We remortgaged to afford the work.
No written contract (I know I know!!!), paid them £1500 upfront for the glass (which the company they were supposed to order it from confirmed later they'd never ordered it so that to me says they intended to defraud us), paid the builder they subcontracted to for the base and walls (£2,200).  Base and walls were completed.  One of the pair turned up a week before the date they gave us for fitting and asked for a further £300 for materials so they could get straight on with it but it snowed heavily on the date they gave (16th December) so then they said they would come back after xmas.  They didn't and kept blaming each other when I contacted them.  One of them resigned as company director (but is still listed as secretary) and told me he has nothing to do with the firm now.  he's now employed by another window company and has actually been of some help in attempting to track the other guy down.  We turned up at the sole remaining director's house last year on good Friday and he bunged us off by promising to finish the conny via his new business but laughed in our faces when we threatened him with court action and said we couldn't touch him.  Of course he never turned up and has since left his wife and kids at that address and is now allegedly living with another woman in a nearby village.
So I took the limited company to court and I won.  We got help with the court fees because we are low income.  Several months on I still haven't recovered the £4k he owes me.  I have no money to pay for bailiffs and anyway the company address is simply a rented house about ten mins walk from mine and the guy there knows nothing of the company's existence other than mail gets sent there and his landlady picks it up.  She is believed to be the company accountant.
The company never returned it's first year accounts and Companies House issued a winding up order in the London Gazette.  I objected and got it extended for 6 further months.  Can I extend this again???
We have just about given up any realistic hope of recovering the £4k but I'd really like to cause this individual as much hassle as I possibly can.  I'm even willing to split the money owed with a debt recovery firm if they thought they could get it but they all seem to want an upfront fee which we just haven't got.
Does anyone have any ideas??
This guy, as far as I know, is still working fitting windows in the Scarborough, N Yorks area and is probably still ripping people off.

James Falla

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Re: what to do after winning in court
« Reply #1 on: Apr 05, 2011, 03:22:04 PM »
Hi Buffy4572
 
Given that you contracted with a limited company, the director is not personally liable for the company's debt to you. Given this, probably the best chance you have of attacking the director is to let HMRC / Companies House wind up the company. This will mean that a liquidator will be appointed and one of their jobs is to investigate the conduct of the directors. You can speak to the liquidator and tell them your story. This might result in the individual being banned from being a director or other companies and even held personally liable for some of the company's debt. Ultimately this is not going to get you your money back (I think there is little chance of this) but it might go some way to stopping this individual acting badly in future.
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buffy4572

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Re: what to do after winning in court
« Reply #2 on: Apr 05, 2011, 05:27:09 PM »
Thank you very much for your reply.  I will not object this time then and allow them to wind the company up.  We have pretty much accepted that our money is lost anyway.  Even the magistrate who dealt with the case was appalled with this individual's conduct.  She suggested we find out where he's working and march up and down wearing a sandwich board saying what he's done to us LOL!

How will I know who the liquidator is?  How will I get in touch with them?  Do I phone Companies House again and tell them I wish to be contacted by the liquidator?

James Falla

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Re: what to do after winning in court
« Reply #3 on: Apr 05, 2011, 05:44:21 PM »
You are a formal creditor of the company and have an outstanding County Court Judgement. As such, once appointed the liquidator should contact you. However this will not happen until Companies House start procedings again. I suggest you contact Companies House and tell them that you will no longer stand in the way of a winding up petition and would be happy if they would inform you of the liquidator when appointed so you can offer your evidence to help getting this director struck off.
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