Car scam

[Dnwardspiral]

Hi guys just after a bit of advice, sorry for the long winded post!
Purchased a car online from a dealer advertising on motors.co.uk, eBay and Facebook. Paid 10% deposit including the delivery ( bank transfer) as I live 5 hours away from the trader. Car wasn't described as having any faults and I had a video sent to me of engine running.
Car arrived in the dark! I was told initially I could test the vehicle out before paying the remaining balance, but when it came to it the dealer said the delivery driver was not allowed to let me do that. I decided to take the risk but as the delivery driver drove the vehicle from the trailer the engine was making a terrible noise. The vehicle also had undisclosed damage to the bodywork as well as being in limp mode. The trader was then uncontactable ( blocked my number and on messenger)
I emailed him also with no response. I decided to have the vehicle checked by a local specialist, he informed me that the vehicle was basically beyond economical repair. A few days later by withholding my number I did manage to speak to him and he denied knowing anything about me. I contacted CA and sent him the LBA letter initially asking for a 2k contribution to repairs ( before I knew the true extent) no response. So I decided to start court proceedings. Amazingly a couple of days later I received an email asking if I would like to return the vehicle under the 2015 consumers rights act, also a receipt suddenly also appeared. He eventually agreed to have the vehicle collected. The vehicle was received by his mechanic to check over the faults that apparently weren't there when they loaded it into the delivery vehicle. I then received a refund for £1 should be nearly 5k and he hasn't responded asking where the rest of it is. I've obviously kept the court proceedings open and I know I've been stupidly trusting! Just after some advice on how next to proceed.
Thank you in advance

[Pezza54]

Hi
How far has your court claim progressed?

[atticus]

You carry on with the court case, that is how you proceed from here.

[echat11]

I think he'll probably say the £1 is a 'test' payment to check that he has the right account details.

[Dnwardspiral]

Yes that's right test payment. He has just got back to me and offered me a refund that is minus fair use of the vehicle, damage to the vehicle and valeting at £1000! I've told him that's not acceptable and I want a full refund. He's now responded also to the court claim

The Particulars of Claim are deficient and fail to comply with the requirements particular the same fails to identify the contractual basis of the Claimant’s claim whether the same is based on a written, oral, partly written or partly oral or by conduct agreement much less what the terms said to have been agreed were, whether express or implied. In view of the above failures, the Defendant submits that the claim should be struck out. The reason being there is no contract between joe bloggs and him only between the company which he clearly state it his claim he bought a car from scam ltd he is not suing the company he is suing Joe bloggs personally for and it is a limited company Because the name is wrong for the claim it should be struck out and if it does go to court the claimant will be paying solicitors fees for the defendant

[atticus]

Who did you pay? What sale documents do you have? Suing an individual when the contract is with a company is a frequent error, but is that what has happened here?

[Dnwardspiral]

I paid a personal account who is the business partner. A receipt has appeared that I didn't originally receive. The vehicle was advertised both as a company and on Facebook as a personal account. I exchange communication and made the agreement on the phone and through messenger with the individual I'm claiming against. I knew if I went for the company it would probably be liquidated. So through paying 192 I was able to find his address. He blocked me on Facebook and removed his name from his car selling page. I have screenshots of everything

[Dnwardspiral]

Now I'm questioning if I should have put the company's details?

[echat11]

You can apply to the court to amend the claim form and correct the name, but this will require filing a formal application and may involve a court fee, but ring the Court to find out the current status of the claim. You need to act quickly. If you can get it done, might get the Defendant thinking.

You should also contact CAB, get them to forward it to Trading Standards.

This person has done this before, so might be known to Trading Standards.

[Dnwardspiral]

Thank you for all the help so far!
I feel like he wants me to pursue the company so he can liquidate it ( he already said to me they were thinking of giving up) I can prove that I dealt with him personally as he sells cars under his name on Facebook marketplace.
Should I just continue proceedings against him. I reported him to trading standards.
As well as getting my

[Pezza54]

After the claim form has been served the claimant can add or substitute a defendant either by consent of the other party or parties, or with permission of the court
CPR 17.1(1) - (3)
CPR 19.4(1) and (2)(a)

Has OP cited the Consumer Regulations Act in his or her claim against the director?

[atticus]

Pezza means the Consumer Rights Act 2015.

[Dnwardspiral]

The defendant asked if I wanted to return the vehicle under the consumer rights act I said I'm returning it under the sales of goods act as it isn't as described or fit for purpose. I'm confident in winning the case with all the evidence I have but I'm just concerned that he's rejected my claim because he says it should be against his ltd company not him personally

[Pezza54]

I am sorry but for consumers the Sale of Goods Act 1979 was replaced by the Consumer Rights Act 2015.
SOGA only applies to goods and services bought on or before 30 September 2015

Please read the article "Sale of Goods Act" at www.which.co.uk

[Pezza54]

IMO. other forum users may disagree
You should consider:
An application notice to the court for permission to add a defendant (the company) and amend your claim form and particulars of claim
Your application notice should make it clear you are unsure about the entity you contracted with, dealing with and paying into the director's personal account and then receiving a company invoice/receipt
Where you referred to SOGA in your PoC you should amend it to Consumer Rights Act citing the relevant clauses in CRA

In your amended PoC maintain the director, buying and selling cars for personal profit, is a trader under definitions in the CRA