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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I have arranged for a refurbishment in my property abroad to

Resolved Question:

I have arranged for a refurbishment in my property abroad to be done, but the builder who fixed it is giving me guarantee with a company registered in UK, is Companies House able to help me should anything go wrong with the refurb?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

No, Companies House will not be able to assist you with any claim against the company.

You need to check that this UK company is in good standing perhaps by doing a credit check against them so that your guarantee from this company is worth the paper it will be written on.

You may carry out a check against the guarantor company here:

http://www.experian.co.uk/business-check/business-check-overview.html

or through any other credit checking service.

Hope this helps
Customer: replied 2 years ago.

Is this because Companies House has no control over what the company does outside the UK?

Expert:  UKSolicitorJA replied 2 years ago.
Companies House is a government registry, it is not a judicial body like the courts where you would need to go if the UK company breaches its guarantee obligations.

Hope this clarifies
Customer: replied 2 years ago.

Thanks, XXXXX XXXXX he guarantee works carried out abroad, with the Companies House registration number?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, the UK company may guarantee work done abroad, you need to check whether the governing law and jurisdiction of the guarantee is English law and England so that you are able to sue the UK company in England if it defaults.
Customer: replied 2 years ago.

Ok thanks. The works were carried out in Spain, so the guarentee would not be valid there then?


 

Expert:  UKSolicitorJA replied 2 years ago.
They may be or they may not be. You need to see what exactly the wording of the guarantee says.
Customer: replied 2 years ago.

The guarantee was writen in Spanish but the wording is very specific. He takes full responsibility of any repairs, maintenance works, that may be required due to works carried out at the property by him, unless repairs required are caused by an act of nature. But I am not sure what you mean by "the governing law and jurisdiction of the guarantee is English law and England" does this mean if the guarantee was provided in England (London to be more specific) even though the works were carried out in Spain?

Expert:  UKSolicitorJA replied 2 years ago.
If the document was in Spanish, then quite likely it will be enforceable in Spain, however, if the UK company has no assets in Spain, then it is better to sue the company in the UK and enforce any judgement in the UK.

Usually, guarantees and contracts have governing law clauses which state which country's law is to apply in the event of any disputes.
Customer: replied 2 years ago.

Thank you. Our guarantee is writen in a blank paper with no headings or company's logo, just the name and registration number but does not include any clauses to tell us which country's law will be applied in case of disputes. What should I do here?

Expert:  UKSolicitorJA replied 2 years ago.
In that case you should enforce it in the UK if you are here as it is likely the assets of the company will be in the UK and not Spain.

If you have a UK address and the claim is up to 100K pounds, you may file a court claim against the UK company online at www.moneyclaim.gov.uk

You should use the company's registered address for the court process, you may find out what its registered address is here:
http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo


Hope this clarifies. Please leave feedback as your questions have been answered
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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