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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47588
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a roofing contractor who enterered into a contract with

Customer Question

I am a roofing contractor who enterered into a contract with a limited co

The limited co has since ceased trading and the funder is now trying to gain benefit from the contract. From the offset the third party funder made it very clear that he was just the funder. There were no collaterall warranties and the funder is not named or indentified in any way in the contract. I do not wish to hold any obligation to the funder.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Is there any mention of the funder in the contract?

JACUSTOMER-e8rnzgpb- :

No mention in the contract of the Funder whatsover, the person is an invidual, who made it clear from day one that he was 'just' the funder.

Ben Jones :

Just because this party was the funder of the project does not mean that they can become a party to the contract which you had entered into with the limited company. If there is a written contract in place which specifically names you and the company as the parties to that contract and does not mention anything about the funder being part of it or being able to lay any claim to the agreement, then it is very unlikely that they can just step into this agreement and replace the limited company once it has ceased trading. Your contract would still remain with the company and if it no longer exists then your obligations can transfer to the insolvency practitioners, assuming the company has gone insolvent and they have stepped in to resolve its status. In these circumstances you can refuse to deal with the funder unless they can point you to a specific provision in the agreement that confirms they were a party to the contract and can demand that you discharge your duties under that agreement.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you