Small Claim - Bounced Cheque.

[Dexrupber]

Hello
I’m not sure I have posted in the right place so please accept my apologies in advance.
I had to make a MCOL claim against an individual. The individual submitted a defence which I rejected and We both agreed to mediation. After receiving an email from mediation confirming an appointment I received an email cancelling the appointment stating that the defendant would settle by cheque.
I received a cheque by special delivery and paid it into my bank. I have discovered today that the cheque has bounced.
I would just like some advice on what I do now and who I need to contact.

Many thanks in advance

[efpom]

Who was the email from?

[Dexrupber]

Sorry which email? Cancelling the mediation appointment? It was from mediation.

[efpom]

It would seem that the mediator contacted the defendant, the defendant agreed to settle and the mediator's role ended at that point - settlement having occurred - did the communication from the mediator mention that the Defendant had agreed to settle by paying you the amount claimed?

In any event, as the settlement cheque bounced, mediation has, in fact failed, and the case therefore remains live and will proceed to a hearing. Because the cheque bounced, you are entitled to claim all of your costs cpr 27.14 - unreasonable conduct by the defendant in "settling" with a bounced cheque.

Have you written to the defendant, telling him his cheque has 'bounced' and inviting him to issue another cheque?

[ostell]

Check the status of your claim and make sure it is continuing. You could write to the defendant to tell them that their cheque has bounced and either send a cashiers cheque or make payment by cash otherwise the claim will continue.

Been there, done that, and they offered another cheque which I refused and the next this was the secretary wobbling up to the door cash in hand.

[ploddertom]

How much was the cheque for - more than £600 or less?

[seduraed]

Ask for an electronic transfer or a bank draught.