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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We built our own house last year and our builder (right build

Customer Question

We built our own house last year and our builder (right build essex ltd) went into liquidation last June. He came back the next day as a new name (r b essex ltd) and carried on, however it has come to light that he does not hold the NHBC certification although all his paperwork/website says otherwise. Can we sue regarding this? We have paid him £7500 for the warranty. He also has been paid for the entire building project but is walking off the job because he is going bust again! Can we do anything about that? Its about £30k. I know he is a ltd company but at the moment he is still trading. Do we need to get in quick before he liquidates that company? Thank you. Gill***** *****on
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is the name of the Ltd Co?
Is it the £7500 you want back please?
Customer: replied 2 years ago.

I stated it in above email. It is right build essex ltd and then he liquidated that to become r b essex ltd. We would like our money back that we paid and also can we sue him for breach of contract as we now have to undergo a lot of hassle to try and get the warranty so we cans ell the house in future.

Expert:  Ash replied 2 years ago.
Sorry yes I see the second name now. I can say the company details are:
RB ESSEX LIMITED
3 WARNERS MILL
SILKS WAY
BRAINTREE
ESSEX
UNITED KINGDOM
CM7 3GB
There is currently no application to strike off or liquidation. You should get in quick to issue a claim.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended given it is over £10,000 (small claim limit) then you will need representation for Court. But the bad news is that you can not stop him liquidating the company whilst this is going through. If he does try and defend it you could make an application for summary judgment to strike out his defence and get a claim.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks. If he goes into liquidation does that mean we cant do anything? or have to stop our claim?

Expert:  Ash replied 2 years ago.
Sadly it means even if you get a claim then you just become a creditor. The best thing is to get Judgment and then get a charge on any assets. Then you become a secure creditor.
Alex
Customer: replied 2 years ago.

What happens if he has no assets? He is selling his house would that be part of assets? Can we sue him personally for the position he has put us in and the fraud on his part and the monies needed now to finish job (that he has been paid for). Thanks

Customer: replied 2 years ago.

Also can you help me with the wording for this letter, especially the beginning and how we position it. We are intending on giving it to him at our meeting onThursday evening. We have detailed all the items and so far it comes to £38461, which includes the £7500 for NHBC and the rest is jobs to complete the build that he has been paid for but has now ran out of money so is unable. Thank you

Expert:  Ash replied 2 years ago.
No assets means you do not get anything. NHBC may pay out if you had paid it even though it was not passed on.
Alex
Customer: replied 2 years ago.

I take it you cant help with the wording or positioning of letter?

Expert:  Ash replied 2 years ago.
I have replied on the other question
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex