A dissolved company still trading as a Ltd company

Good morning,

My landscaper suggested in good faith that turfs be purchased from a specific company.

The company?s web page was very impressive.

Based on this web page the order was given and the product delivered and cash changed hands.

I contend that the turfs are not fit for purpose. The supplier refutes this allegation.

I have subsequently established that the turf supply Company was dissolved in 2016.

What, if any, action can I take regarding:

  • the turfs;
  • the dissolved company still trading as a Ltd company?



204 viewslitigation

Alasdair Taylor's Answer

You need to consider what it is you want to achieve here. The best course of action will depend upon where you want to end up.

In relation to the turf, you could consider: (I) sending a detailed letter of claim, or asking a solicitor to do so (better, if justifiable in costs terms); and (ii) issuing a claim in the courts, perhaps using the small claims track (see https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court).

Assuming you were acting as a consumer, then a claim might be made under the Consumer Rights Act 2015 (https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/).

One issue would be properly identifying the person against whom the claim should be made – this cannot be the Ltd company, as it has been dissolved.

In relation to the issue of trading as a Ltd company, you might consider reporting this to trading standards (https://www.gov.uk/find-local-trading-standards-office).

If a material amount of money is in dispute here, you should consult a solicitor about the matter.

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