Settlement before hearing, but payment after hearing

[Sannya]

Hi

I have a hearing in 3 days for which I am the claimant.
I was claiming 1500. The defendant has offered 1000 and I am happy to agree. However, he is offering to pay only after the schedulled hearing.
I would like to know the following:

1- What is the procedure of accepting this settlement offer
2- Should I still attend the hearing? Or ring the court explaining the case has been settled?
3- What if they don't pay on the promised date? Do I have to start court procedures all over again? Will I still be able to claim full 1500 or only the settlement offer of 1000?

Any help will be highly appreciated

[ostell]

Strange, most people make an offer and pay to stop the hearing. I would just let the claim go ahead and go for the full amount, unless you get the money before hand.

[Sannya]

Thanks for your advise.
I have been doing some research, and it seems like a Part 36 offer can give 14 days to pay. Furthermore, if the judge thinks it was unreasonable for me not to accept the offer, I can bear the defendant's costs even if I win the case.
NOTE: there is no mention of Part 36 offer in the offer letter.

Am I missing something?

Please help.

[CLL1]

Part 36 offers don't apply to small claims, so judging purely from the figures you've mentioned, you can't take advantage of the costs consequences.

I see two options:

(1) Obtain written agreement to the settlement amount, attend court, advise the usher when you arrive that the claim has settled and you need to go before the judge for around 10 minutes to agree the terms of the Order (that'll bump you to the top of the list of being seen that day) and just explain to the Judge that an agreement is reached - you'll have paid a hearing fee so you can save yourself the hassle of dealing with the upcoming hearing; or

(2) Until a formal agreement is reached, there is no agreement, so attend the hearing and argue for the full balance, in the knowledge that you may (though the chances are slim) receive some fight-back from the Defendant, especially if a contract was reached to settle the claim on the agreed terms.