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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Dear Sirs, I have started a long process in April new

Resolved Question:

Dear Sirs,
I have started a long process in April for a new commercial sing to go on my Company (Glow Tanning &Beauty).I've contacted Decosigns Limited(Remus Pataki the Director) and in April when he's started it, I was told it will all take 3 weeks, yet until now I have not seen anything,no updates were given me.Every time I phoned him he was ignoring me or he will quickly tell me that he'll call me later which he never did.I have paid him a deposit of £1,337.50 to ''start the works'' Nothing has been done!
Also when he had broken the worktop at the reception taking some measurements and said he'll fix it however he's not done it!
This is all very frustrating because the sign should of been up a long time ago. After trying so much to reach him, about a month ago I finally told him I want my money back and he said he will do it, yet no payment came into my Company account. I feel threatened to call him again however he had wasted a lot of my money and my time. Recently I have check online and it seems that his company has been dissolved and opened a new company started 1st September . I was wondering if is any change I will recover my money and what is the right step to take in these circumstances? I am very lost and confused..
I would very much appreciate your help and advice.
Kind Regards, *****
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Did you have a contract for this work, was it with the individual or the company?
Customer: replied 1 year ago.

The person sent me through emails the estimate to which I have agreed and I made the payments for deposit by online transfer . All the details are in the emails although we haven't singed anything but agreed via emails sent back and forth.

Expert:  Jenny replied 1 year ago.
We're they from him personally or were they sent on behalf of the company?
Customer: replied 1 year ago.

I was all the time in contact with Remus Pataki the director of the Company as he is the main person and as far as I know there was only another person helping him

Expert:  Jenny replied 1 year ago.
Ok have you already issued a claim to recover the money? Is that claim against Decosigns ltd?
Customer: replied 1 year ago.

I have tried to go through moneyclaimeonline.gov.uk but they have written to Decosingns LTD registration address and the letter has been sent back saying ''the person doesn't live here anymore'' as the Business address was the same as his personal address. Now doing some more research wanting to find out the company new address, I have noticed the Company has been dissolved and Remus Pataki had opened a new Company started 1st Sept 2015.

Expert:  Jenny replied 1 year ago.
The first point is that if the contract was with Decosigns limited and this company is dissolved you are unlikely to be able to recover the money. This is because of privity of contract. Directors cannot be liable for actions of the company as they are a separate legal entity from the company.
If you can argue that the contract was with the director personally then you will be able to raise a claim against the director. You may be able to do this if the email is from him personally.
If you have any further questions please do ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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