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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 17375
Experience:  Senior Associate Solicitor
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I am trying to put together as much information about a

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I am trying to put together as much information about a cleaning company I am claiming against. I've found that this company has other names.I would like to know whether this company has broken the law in any way around company names and trading names.Essentially, when we moved to Glasgow we hired a cleaning company who asked for money up front (our first mistake) to carry out the cleaning in our new house. They did not do a good job of it at all, and we complained.The cleaning company we hired is named "Glasgow Cleaners Ltd", but another company "Sparkle Sparkle", turned up to our house. We understand that "Glasgow Cleaners Ltd", could be trading under "Sparkle Sparkle", or hired out "Sparkle Sparkle Ltd" to carry out the job. In either case, they did not inform us.There is no information on the Glasgow Cleaners website that they have a different trading name. We have just seen on Companies House Public Records that "Sparkle Sparkle" is in fact another limited company with the same address and director as "Glasgow Cleaners Ltd." Have they broken the law in any way by not informing us?

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

I will look in to this for you and will be back shortly with my thoughts.

Thanks for your patience.

I have looked in to this for you. There is a problem.

The first company, glasgow cleaners, were incorporated in June 2020 and from the following site, you will see who the owner is (under the "people" tab) : https://find-and-update.company-information.service.gov.uk/company/SC662876

As for that person (there is one director), he holds 5 directorships - one of those is sparkle sparkle :

https://find-and-update.company-information.service.gov.uk/officers/yZ-ImcnY9JB6f0TNF2R56UuZQeQ/appointments

However, he has applied to dissolve that company (https://find-and-update.company-information.service.gov.uk/company/SC641807) which is of concern.

Because if your contact is with that company, if you had to sue it, once it is dissolved it no longer exists.

In January 2021 someone opposed that application to strike off (https://find-and-update.company-information.service.gov.uk/company/SC641807/filing-history) so it would seem that company owes a customer some money and that customer has opposed the application.

I don't know when sparkle sparkle turned up - if it was after January 2021 then the director let you contract with a company knowing it to be insolvent - meaning the director is personally liable to you for any loss. They have also breached their fiduciary duties under company law meaning they may well face criminal liability if they were to be found out.

You can report them (or threaten to report them if this resolved your dispute) to the Insolvency Service :

https://www.gov.uk/complain-company

I hope this helps for now

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim



JimLawyer and 3 other Scots Law Specialists are ready to help you
Customer: replied 4 days ago.
That's great, thank you. I will read through what you've said carefully, and will get back to you if I have any further questions.

My pleasure, thank you

Customer: replied 4 days ago.
Thank you Jim. This is extremely helpful.
If I may expand on the situation.We hired Glasgow Cleaners Ltd on April 13th 2022, and Sparkle Sparkle turned up. They did not do a good job at all, so we complained hoping they would rectify the poor job they did. So, our contact is with Glasgow Cleaners, who we have actually claimed against in the Glasgow Sheriff Court and Justice of the Peace Court through a Simple Procedure Claim, as advised to us by Consumer Scotland.Throughout that process, Glasgow Cleaners have been unresponsive and the Sheriff court recently gave us a Simple Procedure Decision on the 12th July 2022, stating that Glasgow Cleaners need to pay us our money back plus expenses.We are now having to find and hire a Sheriff Officer in Glasgow to enforce the decision. I was making enquiries to the Sheriff Officers today, who have said the more information they have on the company, the better the chances of recovering the money they owe us. Things like: if they are still trading (which they are), their bank details, and assets.Just upon looking into their assets on Companies House, we saw there were lots of companies that had the same address and director as Glasgow Cleaners Ltd, and we found Sparkle Sparkle Ltd on there, who actually did the job.And that's when we came to you with our question. So, them having breached their fiduciary duties under company law, we can report them completely separately to our current claim through the Sheriff court? Is that right?We are finding out that this company Glasgow Cleaners/Sparkle Sparkle who continue to trade, are scamming lots of people by not doing the job properly and running off with people's money. It's actually not a lot of money we are claiming for, but it's the principle of it, they shouldn't be doing this to people.

Yes, separately to the insolvency service as the director has breached their obligations as a director. 
It sounds like criminal conduct so I wouldn't be surprised if the director is prosecuted

Customer: replied 4 days ago.
Okay, we'll do that. Thank you so much for your help!
My pleasure, thanks and good luck with it