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company have run of with £23k now awaiting striking of with director about to go bankrupt.


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I have had dealings with company.

They left the job half completed and also did some shoddy work.

 

 

Went along reporting it to the police but after nicking the director he was let off as there was no case to answer.

 

 

At the time the director sighted bankruptcy of the company but at the same time the director was also on a iva.

 

 

Apparently after further digging around it was discoverd that the director a Mr.xxxxxxxxxxxxx had not paid into his iva since September 2010.

 

 

Also just before work was going to begin the address of the company was changed from the directors personal residence xxxxxxxxxxxxx

Company No. xxxxxxxxxx

 

Also the value of the company was reduced to £1.00 .

 

 

After trying to sort this out

i have just discovered that the company is now out on a strike out and also the director has put his house up for sale.

 

 

I was guessing up until march that there were several creditors.

It now turns out that more creditors are persuing the director for £100k worth's of personal debts.

 

 

The best part i like about it is nobody can do anything as he is on the brink of bankruptcy.

 

 

What do i do and how do i go about it. xxxxxxxxxxxxxx.

 

 

What and how do i get him.

 

 

We are talking approx 23k excluding the work that needs to be redone.

Edited by letsmakeamark

So whats cooking today ?

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Hello letsmakeamark, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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So what happens now ?

 

 

Do you think that the director has committed a fraud or carried out some other illegal activity with the money or is it just a matter of a Ltd Co going bust owing you money?

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Dependant on who the contract was with - if the Ltd Co enters some sort of insolvency arrangement or the preson is made bankrupt you will become an unsecured creditor with little chance of getting any money back. When the Liquidator or Trustee in Bankruptcy is appointed you need to make known to them what has happened to you and they will investigate what has happened and the conduct of the Director. This will probably mean that the Director will get a BRO or Directors disqualification but unless he has substantial assets you will be lucky to see any money back. If it can be proven (which is notorioulsy difficult)that the Director has been guilty of wrongful trading i.e. trading whilst insolvent, the Director can be madee personally liable for the company debts. But again if he has no money you are unlikely to see any. Only the Liquidator can bring a wrongful trading cas against the Director

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As has been asked previoulsy who is the contract with?

 

i know the director is dealing in cash along with the other people in his trade.

There is no law against this. He probably can't get any credit anywhere and has to pay for goods/materials in cash

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  • 2 weeks later...
  • 4 weeks later...

Update on this. Issued a claim for £11500 defense or acknowledgement which was due in yesterday 07/07/11 has not arrived. Have now put in request for judgement . Claim was against both director and company.

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  • 4 months later...
  • 3 months later...

Every time I read something like this it really angers me.

 

To think that TSS suggested that I pay my cowboy builder, also a ltd co, and then try to recover from him in the Courts. It's pathetic. There is no support or help for the victims of this kind of crime (other than CAG!).

 

I'm so sorry that you too have also had a rough time of it at the hands of a cowboy builder.

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If the company is not in any form of insolvency and you have a judgment against the Ltd Company yes you can send a HCEO in.

 

You are an unsecured creditor of the Director

 

Somebody told me that if a claim in bankruptcy was withdrawn then a application for a charge on the house can be made ?

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Somebody told me that if a claim in bankruptcy was withdrawn then a application for a charge on the house can be made ?

 

You can't do this because you were an unsecured creditor at the time of the debtors BR. You can't then withdraw your claim and make yourself a secured creditor

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  • 2 months later...
Every time I read something like this it really angers me.

 

To think that TSS suggested that I pay my cowboy builder, also a ltd co, and then try to recover from him in the Courts. It's pathetic. There is no support or help for the victims of this kind of crime (other than CAG!)..

I'm so sorry that you too have also had a rough time of it at the hands of a cowboy builder.

In this case the judgement is Both director and co.

So whats cooking today ?

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