Thank you. I have managed to find company information on Companies House using the above information. Unfortunately the position does not look good. aying by BACS is very dangerous because it there is no way of getting your money back other than from the person you sent money to in most cases. This means you place a lot of trust in the person you are dealing with.
Looking at company house records there is a proposal to stike off the company - this means the owner(s) of the company have proposed to wind up the company. If your contract is with the company and the company is wound up there is no company for you to retrieve your money from. Therefore it is important first of all to contact Companies House and object to the striking off of the company because the company owes you money. They cannot wind up the company if there are outstanding debtors.
You can do so by email initialy by contacting [email protected]
in relation to the below company and explaining that the company owes you £xx for breach of contract and that you object to the striking off of the company. It is important to do this as soon as possible. You can also contact companies house by phone if you prefer on 0303(###) ###-####br/>VAN SPARES 2U UK LIMITED
7 ST PETERSGATE
Company No. 08141135
From there you will need to decide how best to claim back your money. First you need to ascertain with whom you have a contract by obtaining the sellers information from EBay. You can do this using the following instructions:
If this comes back with the Limited company information then your contract is with the above limited company. If this reveals a person rather than the limited company you could try to argue a contract with the person not the limited company but this may be hampered by the fact that you paid the limited company.
If the limited company is insolvent (has more debts than assets) it may be difficult to recover all of your money. However if the owners of the company have simply transfered your money out of the company and are now trying to shut it down it may be possible to reclaim it from the owners.
There are two ways you can attempt to recover your money from the company or individual as above (remembering to object to the striking off of the company as soon as possible). The first is by issuing proceedings using the small claims court:
This should be a straightforward claim but you will need to balance the costs of issuing the claim against the company potentially not having sufficient funds to pay you. Alternatively you could await potential insolvency proceedings where the company is wound up by an administrator. He will take control of the company assets and pay out to all creditors what he can from available funds. Unfortunately commonly creditors do not recover all of their money under insolvency but it may be possible to claim back some.
To protect yourself in the future ensure you always pay by credit card (or failing this debit card which is not as good as credit card but does offer some protection for the first 3-6 months). Paying by credit card (even if you only pay a small balance by card and the balance by cash etc, gives you protection from the card company for the entire balance you pay. On Ebay use the Paypal system and then Ebay will normally also provide a money back guarantee. None of this is helpful to this situation but hopefully would avoid any further repeat in the future.
By taking the above steps though you may be able to recover some of your money or the engine you purchased however.