I recently paid for a bed from a company that I never received. After a bit of research I found that the company had dissolved 2 weeks before I sent payment. The company was still advertising on social media using the same name and sent me an invoice on the same day I sent payment (2 weeks after it had dissolved). I have since been in touch with other people that this company had done this to, either after the company had dissolved or while it was still in business. The few questions I have are:
1) can I take the director of the company to small claims court for the money back, as the limited company had dissolved does this make him liable?
2) is there any other way to go about getting the money back that I sent to him, this was sent by bank transfer as he stated, I would?ve paid on credit card if I had that option.
3) what are my chances of getting any of the money back at all?
Alasdair Taylor's Answer
Thanks for your question.
It seems likely on the facts as stated that the company was not in existence at the time the contract was made. If that is correct, your contract cannot have been with the company. If the “director” you mention is individually responsible for the business, then it may well be that your contract is with him. If you made a claim against him using the small claims procedure, you would need to submit evidence of the individual’s responsiblity with respect to the business. You might well get judgment in your favour, but that would not necessarily be the end of the matter. You might also need to enforce the judgment, as to which see:
NB the ?600 minimum for using the bailiff service.
I’m not really in a position to assess the chances of getting your money back here. It will depend to a degree upon the amount at stake, as well as the assets and attitudes of the defendant.
Edit: if you want to try to persuade the individual to give you the money or to create difficulties for him, you should also consider threatening to report or reporting the matter to Trading Standards.