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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I signed a contract with a company and paid them a deposit

Customer Question

I signed a contract with a company and paid them a deposit of £1,500 in December 2012 to develop some software for me. They breached the contract by not producing the software by the deadline, nor did they notify me that they would miss the deadline.

I asked for a refund which the Director refused to give me. He then made me a counter offer that they would complete the work for me at a reduced cost but this was of no value as the software was no longer a viable business idea. I decided to take legal action against the company only to find out that the company was dissolved by the Director in November 2013.

I understand that I cannot sue a dissolved company but is it worth suing the Director as he offered to continue the work for me after the company had been dissolved (therefore I could argue that he and not the company was liable) and also never gave me notice that he was dissolving his company - which I understand he is supposed to do by law? I would only want to sue if the cost was equal to or less than the £1,500 I lost.

Thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.


Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-2fjncc43- :

Hello

JACUSTOMER-2fjncc43- :

Hello. thanks for your response. I already sent them such a letter 2 months ago. It was after that that I found that the company had been dissolved. However, my understanding is that I cannot sue a dissolved company and if the case went to court it would be thrown out for this reason.

Alex Watts :

No, you can't issue against a dissolved company

Alex Watts :

Try suing the Director if it is a small claim

Alex Watts :

You have nothing to lose

Alex Watts :

Does that help?

JACUSTOMER-2fjncc43- :

Thank you for that!

Alex Watts : Happy to help. If this answers your question can I ask you to rate my answer.
Alex Watts : If the system won't allow you please do say
Alex Watts : If you need more help please click reply.

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