Car scam

[Dnwardspiral]

Sorry I thought I had replied to the previous post.
Just to update the thread the court case has moved to mediation scheduled for a couple of weeks time. He has the car back up for sale without mentioning any faults. I messaged him to try and negotiate a price which he agreed to once he had sold it to some other poor sucker.
I haven't heard from him for the past 10 days although he does have a lot of other cars now for sale.

[Pezza54]

Did you amend your Statement of Case or are you pressing on claiming against the director under SOGA 79?

[Dnwardspiral]

The soga was only mentioned in an email to him. I've kept it as his name for now

[Pezza54]

Let's hope an agreement is reached at mediation and a court hearing is avoided
Perhaps by then the dealer will have sold the car and have money to settle your claim

[Dnwardspiral]

Yes I hope so although what he thinks I should get and what I originally paid are quite far apart!

[Dnwardspiral]

Just to update the thread.
We did mediation and agreed on a lump sum and the rest paid by May.
In the meantime time I've had notification of the companies First Gazette notice for voluntary strike-off.
Although this final payment is legally binding could the liquidating of the company before my payment affect this situation?
Many thanks in advance.

[Pezza54]

Yes it could if the company doesn't have the money to pay you
There may be secured creditors that are first in line

[Dnwardspiral]

Is it worth me opposing the liquidation of the company?

[Pezza54]

Please read "Is action against an insolvent company worthwhile?" at www.thegazette.co.uk
In particular
Third Party (Rights Against Insurers) Act 2010
It is no longer necessary for the company to be restored to the register before commencing action against the insurer.
Hopefully the company has insurance

.

[Dnwardspiral]

Just to continue the thread. The remainder of the money agreed to be paid via mediation has passed so I have asked the court to continue the claim. I have since found out this unscrupulous individual has scammed many people and seems to be able to get away with it.

[Pezza54]

Agreements reached through small claims track mediation are legally binding
The settlement should have been formalised
As the other party has failed to comply with the agreement you should be able to obtain a court order to enforce payment without the need to restart the claim

[PallasAthena]

Third Party (Rights Against Insurers) Act 2010
It is no longer necessary for the company to be restored to the register before commencing action against the insurer.
Hopefully the company has insurance

.

It's unlikely that the seller had insurance that would cover these circumstances.

[Dnwardspiral]

I completed and sent off N244 General Form of Application, on the 2nd of May but have yet to hear anything. Not sure if I should ring the court or continue to be patient?

[Pezza54]

Please read EX730
"If you agree to settle your dispute at mediation a formal agreement will be sent to you by the mediator. You or the other party can apply to the court to enforce this if it is breached (not acted on)."
Have you applied to enforce the mediation agreement?

[Dnwardspiral]

Yes via the N244 form that was mentioned on the mediation agreement