Claiming a refund, but the company is listed as struck off before the order was placed

[nator]

Hi everyone.

 

This should be straightforward, but turns out it is not! I would like to hold back on names of the companies involved for now, if this is acceptable, as I'm not sure of the full potential implications of the issue.

 

Here is the sequence of events:

1. In 2016, I ordered some custom made furnishings for my flat from a major high street department store. This was contracted out to a company, the Supplier. They were delivered and fitted correctly and I was delighted with them (thankfully, they were expensive!).

 

2. In 2021, a builder doing some work at the property damaged some of the furnishings by painting over them. The builder agreed to pay to replace the relevant parts of the furnishing and we quickly reached a settlement.

 

3. I contacted the department store with the original order. They informed me that they no longer deal with the Supplier and to order from them instead.

 

4. Having contacted the supplier, they put me in touch with a furnishings contractor local to my area, and told me to order via them. This is a local company, let's call it Furnishings Ltd. for now.

 

5. I got in touch, sent the original order specification to Furnishings, who put in an order for the replacement parts. This order was placed and paid for in March 2022.

 

6. At the beginning of June 2022, Furnishings informed me that the items had arrived, and came to my property to install them. However, as soon as the boxes were opened, it became apparent that the furnishings were entirely of the wrong colour.

 

7. I rejected the product, and asked for them to be either replaced with ones of the correct colour or for a full refund. Furnishings agreed to speak to the manufacturer, but asked that I store the product temporarily as they did not have storage space left. I agreed to do this, but followed up by email stating that the product had been rejected and they could pick them up at a time of their convenience.

 

8. After a lot of following up, at the beginning of August 2022, Furnishings wrote to me stating that the they had settled with the manufacturer and would be in touch shortly to pick up the items.

 

9. This is the last correspondence I received from them. I have not received the refund and my emails and phone calls no longer get returned (but they pick up if I call from another number).

 

10. So far pretty straightforward. I began researching the company in view of potentially starting a claim in the Small Claims Court, but here is the twist. To my surprise, I found that the company in question had been struck off by Companies House in 2019. A further company started by the same person with the same name, had also been struck off in early 2021 (pre-pandemic).

 

11. Furnishing’s invoices and correspondence are all in the name of the struck of company, complete with Company Registration Number. However, it has become clear that I have paid and been dealing with an individual, and not a registered business.

 

12. I spoke to the Supplier who had referred me to the company to query the transaction. They informed me that they have no record of the transaction whatsoever, and that the order must have been placed with somebody else, or directly with the factory, and they could not help further.

 

I am now unsure how to approach this matter, as the company I have been doing business with effectively doesn't exist.

Can I still lodge my claim in the Small Claims Court in the usual way?

Would this have to be against the individual concerned, rather than the company that no longer exists?

Does fraud potentially come into the picture, and does this complicate the matter for me?

 

Has anybody ever had to deal with a situation like this?

 

Thankful of all and any advice.

 

Edited September 21, 2022 by dx100uk
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