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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice
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I paid a door company 1057.84 for two new doors, the rest was

Customer Question

I paid a door company 1057.84 for two new doors, the rest was to be paid when they fitted, the money was paid by bank transfer, due to the fact they said they would be able to fit them within 5 to 10 days of me paying this way. After a month of being palmed off with delays and fitter not being well, i expected them to turn up on 21st decmber, they didnt ant their website says they are declaring themselves insolvant on 12th December.

I have contacted comapnies house who say if i can prove i am bringing action against them they will be delayed in being struck off the register. I have been to citizens advice who told me to contact the citizens advice consumer service. Everywhere i go or email, no one can tell me if its worth making a claim or how to do it. I contacted the local courts insolvancy section who told me they should have written to all creditors, but i have received nothing.

Company is Door centre Diy limited, company number :(NNN) NNN-NNNN

Your advice would be most appreciated, vanessa davison
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 2 years ago.

I need to know how to start court proceeding in a small claims court, can i do it on a web site, do i have to ask the court for a form? I have know idea how to do this, also if you think it is worth while me doing this, or shall i just accept ive lost my money

Expert:  Jo C. replied 2 years ago.
Did you pay by Visa?
Customer: replied 2 years ago.

No bank transfer, because by doing this they were guaranteeing that the doors would be fitted within 10 days, this didnt happen, they gave me a number of excuses and finally the last message i received about 10th December was they were coming 21st. On 12th December they put up insolvancy notice and stopped answering calls and emails


 

Expert:  Jo C. replied 2 years ago.
Thank you for the information. I'm afraid that is bad news.

You can sue easily enough here

www.moneyclaim.gov.uk

However, you need to think about whether there is any point. This is a limited company and they are going under. Unfortunately the debt will die with them. You will probably get a CCJ but it will be against a defunct company.

I had been hoping that you had paid by Visa and so would have a claim against your credit card company under section 75 CCA but that is not so sadly.

You can always see the individuals behind this company but it will be irresponsible of me tell you that you have a good chance. Limited companies protect their directors from liability. The only way to pierce the corporate veil is to argue that there is some form of fraud or just that the company was a sham. Of course, some limited companies are shams but whether or not this one is is another matter.

I'm very sorry but I have to give you truthful information.

Hope this helps. Please let me know if you need more information.

Jo

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