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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A builder has recently defrauded many people by either

Resolved Question:

Hi, A builder has recently defrauded many people by either taking their deposit for building work and doing a runner or building a highly substandard structure that had to be knocked down and rebuilt. He has now appeared in the press over these incidents. In my particular case, the builder took £4250 from me and tried to illegally have his company taken off the companies house register 5 days later before doing the building work I hired him to do. When I found this out I blocked this application in just the nick of time with companies house . In the meantime, he had sent me a text message claiming he was coming back to do the work later, not mentioning at all that he was trying to dissolve the company, which us a legal requirement. As soon as he found out that his application to strike the company off the register was blocked, he filed for voluntary liquidation. Unfortunately, this leaves me in a position where neither the bank or police will help me in regards ***** ***** criminal aspect of the case because they keep just saying this is a "civil matter." As I have clear documentation (letters and text messages between me and the builder) that show that the builder took £4250 from me and 5 days later tried to legally shut down the company and then tried to pretend that the company was still operational to stall me, do I indeed have a criminal case that the police should raise a case for? Many Thanks
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Second to last sentence should say 5 days later tried to illegally , not legally shut down company
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please? Alex

Customer: replied 1 year ago.
Hi Alex, I have stated my case with the liquidators to try to claim some money back. My desire to get the police to look at this is twofold: first, if they declare this aspect of the case a criminal matter I may be able to get the money I Paid him refunded by Barclays. They could do this but keep saying "this is a civil case." Second, I want criminal prosecution against this builder . When I investigated his background after this unfortunate incident occurred, I found out that he had numerous unpaid CCJs and that he immediately tried to set up two new building companies with Companies House days after trying to illegally dissolve his original company. This man has been at this game for a while now through setting up companies and letting them go bankrupt. Unless criminal charges are pressed against him he will get away with this because he will just be on an endless merry go round of being involved in a "civil matter" which he cares less about as he has no assets. His liquidators now have over £100k of claims from people he defrauded so I don't want him to walk away from this and want him to go to jail to stop him.
Expert:  Ash replied 1 year ago.

Ok - first you need to make a formal statement to the Police, they can consider whether there has been any fraud. However what you cant do is make the Police prosecute, they may decide not do.

But it may be, if you establish fraud you can pierce the corporate veil and bring a claim against him personally. For this ideally you would need a conviction of fraud or be able to convince a County Court Judge that there is fraud claim against him personally.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Hi- I have provided the police with clear evidence and written them a formal letter that the Directors of the building company committed fraud, but they are still claiming it is a civil matter only because the company is in liquidation. Any sensible person can see that this clearly not the case. ( the directors took money from me, 5 days later tried to illegally dissolve the company and pretend it was still active- if that isn't fraud what is?) What I am asking you is if I have grounds to demand the police raise this as a criminal matter, as I am a taxpayer. Please quote the law to me that I can put forward to them that this is a criminal, not civil matter? It is very important to me that I get them tried in a criminal court and I need to break through their stance of trying to fob me off.Also I am not sure I understand your last sentence? Can I go ahead and raise a civil court case against them as individuals while their company is still undergoing liquidation proceedings?
Expert:  Ash replied 1 year ago.

Yes you can go ahead with a civil case. You can sue the company and ask the Court for permission to go after him personally.

Does that clarify?
Alex

Customer: replied 1 year ago.
Hi Alex - do I have to get the Liquidators to declare him guilty of fraud though? Also, do I have enough evidence to go back to the police to declare this a criminal case as I am not happy with their response that this is a civil case.
Expert:  Ash replied 1 year ago.

No, but it certainly helps. As for the Police sadly its not your decision. They refer files to the CPS and its up to them whether or not they prosecute, but sadly you cant make them.

Does that clarify?
Alex

Customer: replied 1 year ago.
Hi, thanks. Just to tie up my issue with the police, is there not a law I can quote them that the builder clearly broke to show they should investigate this as a criminal matter? They are just trying to fob me off because he is in liquidation.
Expert:  Ash replied 1 year ago.

Potentially fraud but more likely breach of contract under the Consumer Rights Act 2015

Does that clarify?
ALex

Expert:  Ash replied 1 year ago.

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