Builder ceases trading-owes us money!

jeanhib

Registered User
Messages
12
I would love some advice- In short we had contract with builder co. to renovate our house. Std clause that 5% be deducted from each invoice to provide a retention fund. Our builder announces without warning he is forced to cease trading with immediate effect. We discover that the invoices/spreadsheets he's been issuing (and we've paid) we adding that 5% which now means we have no retention fund to complete works (not many snags in fairness) but worse-that we have in fact paid the builder 5% more than he was due-it amounts to 5,350 euro. As paye workers we cannot afford to lose this sum....Builder says he cannot refund it to us as it might be deemed a fraudulent preference over other creditors. As I see it he has our money-its not company property- and he should return it. Not sure if he'll go into liquidation....Should I proceed to take DC case (not keen to incur any more costs) or should I simply correspond with his solicitor ?? The builder is a nice guy but wants to cover his own back in his dealins-he has provided us with a written ackn of the fact that there was a miscalculation which resulted in the overpayment.....any advice greatly appreciated!