Suing a Ltd company in status 'Active — Active proposal to strike off'

[jetster]

Hello all
I have a small claims case (lodged via Money Claim Online) against a builder operating as a limited company. Companies House shows the company status as as 'Active — Active proposal to strike off'.
On 22 Jan 2019 a "First Gazette notice for compulsory strike-off" notice was recorded.
On 7 March 2019 a "Compulsory strike-off action has been suspended" was recorded.

At my request, Companies House will prevent the company from dissolved until mid November.
One of the directors of the company are also entered onto the claim.

Questions:
1) Is it worthwhile for me to pursue this claim? I've already done the hard work (witness statements, pre-action formalities, payment! etc....) and have probably just got the actual hearing to attend now.
2) Can I do anything else? I already have all the evidence/submissions prepared for the eventual hearing
3) I am representing myself and they have a solicitor

A brief back story. I initially got a default judgement against the builder/director personally. I claimed against him personally because he never disclosed the company to me during the works. In his set-aside hearing, the judge did set-aside the original default judgement but also entered the his ltd company onto the claim. On two occasions they have offered to settle out of court, only to renege on it later.

Will be glad to provide more info if needed. Thanks,

[R0b]

Hello

What do you mean by the builder offering to settle out of court but reneging on it? Did you accept their offer or have they withdrawn it or something else?

Whether or not it is worthwhile pursuing the builder or the company, depends on whether they have any assets or other financial means available. Have you checked the company's latest accounts to see what assets or cash the company has?

[jetster]

Hello

What do you mean by the builder offering to settle out of court but reneging on it? Did you accept their offer or have they withdrawn it or something else?

Whether or not it is worthwhile pursuing the builder or the company, depends on whether they have any assets or other financial means available. Have you checked the company's latest accounts to see what assets or cash the company has?

One two occasions, via phone and in a face-to-face meeting after the set-aside hearing, they have offered to settle and I have accepted. Last time (after the meeting) I followed up with an email to their solicitor outlining what we had agreed (namely that his client would settle by paying me by 9th May) and I have had no response. Naturally, I'm suspicious about their offer to settle since their solicitor won't put it in writing and only made the offer/s verbally on the phone. I can see no reason why they verbally (but not in writing) agree to settle and then not go through with it? Nevertheless, it's evidence of their unreasonable conduct which I can supply for the actual hearing.

WRT the company, It was formed in 02 Feb 2017 and no accounts have been submitted since. A confirmation statement was lodged on 17th Nov 2017. I have bank statements showing my payments going into their company account...if this of any use.

For the actual hearing: I have plenty of evidence against them, including my complaints to them about their work, signed witness statements from another builder and plumber plus invoices for costs incurred in putting right their work. I'm pretty confident of winning the case but less certain that the company itself is/will be in any fit state to actually pay up.

[jetster]

Update: Companies House have responded to my request and will prevent the company from dissolved until mid November....

Having seen bank statements showing my payments going into their company (> £10k) and cash withdraws from the company during a 4 week period in 2018, my accountants inform me that HMRC may be interested in this - given that no company accounts have been submitted since the company's formation in early 2017. Could/should I use this as 'leverage' to persuade them to honour the settlement?