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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5462
Experience:  Senior Associate Solicitor
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I have been taken for £10,000 by a cowboy builder, I have

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I have been taken for £10,000 by a cowboy builder, I have written a pre action letter to them to get the money back and have just noticed they have started to strike the company off on companies house. Should I just file a small claims court against them now?
Assistant: Where are you? It matters because laws vary by location.
Customer: Hertford in Hertfordshire
Assistant: What steps have you taken so far?
Customer: Just sent the pre action letter, which I think has gone to the wrong address as the delivery was not signed for
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Building control have demanded that the works they complete need extensive rectification, essentially I have to know it and start again
Hello, thank you for the question. I am typing the answer for you now.
Customer: replied 6 days ago.
The works completed do not meet building regulations nor have they been completed with reasonable skill and care

Yes, if you ensure you start the claim via the http://www.moneyclaim.gov.uk site as soon as possible. Once the company is dissolved it then ceases to exist and cannot be sued - you would have to go through the complicated and lengthy process to reinstate is to the register.

The fact you are issuing now means it will not be dissolved though - so you are in time to ensure you start the claim now. Once you have the CCJ (county court judgment) you can then enforce it.

Customer: replied 6 days ago.
So I don’t have to do pre action, I can just go straight to small claims? That’s great.
Customer: replied 6 days ago.
One of the directors has resigned but I understand it takes around 3 months to strike off the company?

Yes, correct - they are unlikely to respond to the claim. If they do you have an excuse to not send the pre-action letter to them due to the fact they are trying to dissolve the company and get out of paying the claim.

Yes, companies house has to advertise the plans to strike off to ensure creditors are notified.

And you would be one such creditor. I would start the claim as a matter of urgency.

If you come back to this site should you need any further help.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

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