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Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
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It appears that you contracted with the builder's company rather than the builder personally. However, you may be able to "pierce the corporate veil" and claim and the builder's personal cash and assets if he has committed fraud or deliberately attempted to hide his business assets from his creditors.
If the defendant is in administration, the administrators may be able to restructure its liabilities for it to survive and keep trading without going into liquidation. While the company is in administration, its creditors and new claimants cannot issue civil court or insolvency proceedings against it and there will be a freeze over existing court action while the administration proceeds.
If the defendant is insolvent, and you do not have a charge over its assets or an express personal guarantee from its directors or shareholders, unfortunately, you will be left as an unsecured creditor and therefore second to last in the payout queue when the liquidator distributes its remaining cash and assets. Only the shareholders are below unsecured creditors.
I suggest you register the debt with the defendant’s liquidators on Form 14.4 Proof of Debt, but you will be lucky to receive a few pence in the pound for your debt.
I am sorry that I do not have better news for you, but I must be as honest as possible with you to advise in your best interests.
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Thank you for the positive feedback. I am delighted that you are satisfied with my reply and wish you all the very best in resolving this matter.
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Text answer completed.