Company Details on Invoice/Diss40(SOAD) - Please Help

Discussion in 'Legal' started by missmooch, Jul 18, 2010.

  1. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Hi Everyone

    Hoping someone can help.

    I am intending to get a ccj (hopefully!) against a builder who has basically ripped me off and owes me just under £5k.

    His invoices have always led me to believe he was a sole trader. His invoices are headed XXX XXXX Construction, and show no company reg no. Therefore I intended to try and recover the money, should I be lucky enough to get a ccj, by getting the HCEO involved, and also putting a charge against his property.

    However I have since found a company reg no for him, and the status of the company is active, however he files dormant accounts. Previous company records show there has been a diss40()soad, filed once in 2009, and again on 17 of this month. I have tried to research what this means. I believe he or Companies House have tried to dissolve the company, but their has been some sort of an objection to halt this(?).

    I will also point out that the the address shown on the invoice is not the company registered address. The registered address is, I believe, his partners house.

    My questions are:
    1) Can I still go for him personally given the nature of the invoice, or do I have to go after the company? I think going after him is preferable, as at least I can get a charge against his property.
    2) Can i go after him in any way due to him failing to disclose the correct details on his invoice? Is there not a Companies Act covering this - I believed there was?
    3) What is the implication of the diss40(soad) - can I get any more information on this, and the impact on the company?
    4) Is he wrong to be filing dormant accounts, and still trading - or can he get away with this by not heading his invoices Limited?

    Sorry for the list of questions but I am tearing my hair out over him:(

    Many thanks for any help.

    MissMooch
    Posted: Jul 18, 2010 By: missmooch Member since: Nov 21, 2009
    #1
  2. Billmccallum

    Billmccallum UKBF Contributor Full Member

    Posts: 4,184 Likes: 1,071
    DISS40 =

    Notice of striking-off action discontinued. ​
    Posted: Jul 18, 2010 By: Billmccallum Member since: Apr 20, 2010
    #2
  3. Bill Ryan

    Bill Ryan UKBF Contributor Free Member

    Posts: 333 Likes: 81
    The builder appears to have been working for you as a sole-trader as the paperwork you have suggests that. If he was trading as a company there is an obligation to disclose that on relevant paperwork.

    So it would seem sensible to pursue him as an individual. If he later tries to indicate he was in fact trading as a company your paperwork should be helpful in showing otherwise.

    If he does go on to argue that he was trading as a company without actually disclosing it, as required by law, he is starting from a bad place with his defence.
    Posted: Jul 19, 2010 By: Bill Ryan Member since: Feb 2, 2009
    #3
    • Thanks Thanks x 1
  4. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Thanks for your kind reply Bill, it was really helpful. I will continue to pursue him as a sole trader. Fingers crossed.
    Posted: Jul 19, 2010 By: missmooch Member since: Nov 21, 2009
    #4
  5. The Legal Mango Team

    The Legal Mango Team UKBF Newcomer Free Member

    Posts: 95 Likes: 16
    the invoice is indicative that you contracted with the individual as a sole trader, so it appears that you are right naming the individual on the claim form.
    Posted: Jul 19, 2010 By: The Legal Mango Team Member since: Jul 16, 2010
    #5
  6. Judge's Demand

    Judge's Demand UKBF Newcomer Free Member

    Posts: 40 Likes: 5
    Hi there,

    Who did you actually pay and how did you pay it.? For example, did you make cheques payable to John Smith or to John Smith Construction.? This may really help in your claim if he does raise the dispute that it is a company debt.

    However, I do strongly agree with both of the above advice supplied.

    If you require any assistance whatsoever please do not hesitate to contact me via private message and I will be happy to discuss with you.
    Posted: Jul 19, 2010 By: Judge's Demand Member since: May 10, 2010
    #6
  7. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Thanks for your reply and offer of help JD.

    I actually paid him by direct bank transfer. The payee as it appears on my bank statement however is Xxx Xxxx Construction, using the bank details given on his invoice.

    He also states at the bottom of his invoices 'All payment must be made into Xxxx XXXX Construction account only'. No mention of Limited.
    Posted: Jul 19, 2010 By: missmooch Member since: Nov 21, 2009
    #7
  8. Judge's Demand

    Judge's Demand UKBF Newcomer Free Member

    Posts: 40 Likes: 5
    As the other members said if he is acting as a limited company then this should be shown on both his letterhead and invoices along with a registered office address for service.
    Posted: Jul 19, 2010 By: Judge's Demand Member since: May 10, 2010
    #8
  9. Judge's Demand

    Judge's Demand UKBF Newcomer Free Member

    Posts: 40 Likes: 5
    sorry one last thing. when you say he ripped you off did he not do the work or was the work not to a satisfactory standard.??
    Posted: Jul 19, 2010 By: Judge's Demand Member since: May 10, 2010
    #9
  10. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    He basically did not do the work. I think he had every intention of finishing the job, but just in his own time, when he had a bit of spare cash. This is despite me giving him progress payments upfront.:mad:
    Posted: Jul 19, 2010 By: missmooch Member since: Nov 21, 2009
    #10
  11. Judge's Demand

    Judge's Demand UKBF Newcomer Free Member

    Posts: 40 Likes: 5
    then you are definately entitled to a refund on your money. Like I said if you would like any assistance on the best way to approach this then by all means send me a private message.
    Posted: Jul 20, 2010 By: Judge's Demand Member since: May 10, 2010
    #11
  12. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Hi Everyone

    Before I go ahead and start proceedings against him, I have looked up his current known addresses via land reg (if successful in getting a ccj I was going to get the hceo involved and get a charge against his property).

    One belongs soley to his partner (as I thought), the other is in another name but with the same surname. I nkow this guy does go under several aliases.

    I have looked up the planning applications on this house. He was named as the agent doing the work on the property, and someone totally different was named as the owner. House was purchased by 'whoever with the same surname' on 16/1/07, plans approved on 28/2/2007 - so he cannot even be truthful on a planning app!!

    I was just wondering is there anyway I can dig into his background to find out more about him. All I know is that neither he nor his aliases (other than this recent one), has a ccj against them - he is not that daft!! I really believe he owns this property, but is doing something devious. I have phoned a lady I know he used as a mortgage advisor. She could not shed any light as she was not involved in this purchase, but what she did say, is that she was investigated by the fsa, having done mortgages for his associates who lied about who they actually where, however she could not obviuosly go into details.

    If anyone could help I would really appreciate it. Thanks too for all who have responded thus far and listened to all my rants:redface:
    Posted: Jul 20, 2010 By: missmooch Member since: Nov 21, 2009
    #12
  13. DetectiveDenise

    DetectiveDenise UKBF Newcomer Free Member

    Posts: 77 Likes: 11
    I would suggest that the first job is to get the CCJ without thinking about the charging order, hidden assets route first. Once the CCJ is obtained (you never know it might not even get this far) then look at the ways to recover the money.
    Denise
    Posted: Jul 20, 2010 By: DetectiveDenise Member since: Jun 27, 2009
    #13
  14. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    I have just found out from an in law of his, that both names on both properties, neither of which are his, are indeed his alaises. I have checked on 192.com, and indeed both these names appear at the same address as him.

    Can anyone advise where I go from here. How do I prove this?

    Many thanks
    Posted: Jul 20, 2010 By: missmooch Member since: Nov 21, 2009
    #14
  15. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Hi

    Just wondered if anyone could answer this? Basically I have found out my builder has used 2 different aliases to purchase 2 properties.

    Can anyone advise how I can confirm this, and what the consequences of this are?

    I was going to put a charge on either property to recover my money, but I guess these houses legally do not belong to him.

    Are their any legal bods out there that could offer some clarification?

    Many, many thanks for any help!
    Posted: Jul 21, 2010 By: missmooch Member since: Nov 21, 2009
    #15
  16. Alexander Clare

    Alexander Clare UKBF Newcomer Free Member

    Posts: 1 Likes: 0
    Hello missmooch, my name is Alex and I do the PR for 192.com.

    We are keen to publicise our business and ID verification services, and it seems you were able to use us to see that he lived at the same address under different names.

    Would you be interested in being a case-study for us? You would be helping to publicize a serious issue and perhaps protect others.

    If your interested please do email me on press'at'192.com.

    Best,

    Alex
    Posted: Jul 23, 2010 By: Alexander Clare Member since: Jul 23, 2010
    #16
  17. missmooch

    missmooch UKBF Newcomer Free Member

    Posts: 59 Likes: 3
    Hi Alex

    Happily will be a case study if it help others. Sent you an email.

    MissMooch
    Posted: Jul 23, 2010 By: missmooch Member since: Nov 21, 2009
    #17