Didn't receive paperwork from the court (small claims)

[CMan007]

Apologies for not replying sooner.

Yes, the preliminary hearing back in January 2024.

The company was added after the preliminary hearing. The amended claim amount was added after the case was restored.

The judge in prelimary hearing verbally told the defendant to amend the defence and send a copy to the court and to me.

I will contact the court for a copy.

The reason I didnt get back to you was that we had a mediation agreement shortly after my last postand I thought the matter was closed. The defendant hasnt fully honoured the mediation agreement so I need to plan my next step

[CMan007]

The defendant and myself came to an agreement through mediation. They are meant to pay me an amount in 4 instalments by set deadline dates. The defendant has paid me 3 out of the 4 instalments. All payments were late and I had to chase up each one. The defendant asked for a extention to the date for final instalment (well they just set themselves a deadline a week past the deadline date that was set out in the mediation agreement). The defendant has failed to pay and is asking for even more time. I'm tired of their games. Final payment was meant to be made over two weeks ago.

The mediation agreement mentions:

2. In the event of any default by either party, the other party shall be entitled to apply to the court:

a) For judgment, without any further court hearing, for the unpaid balance of the settlement sum; or

b) For the claim to be restored for hearing for the full amount claimed.


My question is do I just email the court telling them what I want to happen next? Or do I need to fill a form and pay a fee?

If I have to pay a fee and decide to go via option a, does this fee get added onto the unpaid balance of the settlement sum?

If the defendant fails to pay after judgement do they get a ccj.


The mediation agreement mentions:

5. This agreement is in full and final settlement of both parties’ claim, including any claim for costs, court fees, expenses or interest


If I decide to go via option b, is the amount that the defendant already paid get deducted from the total claim amount?

Or are the defendants payments considered null and void. I previously paid a final hearing fee in order to restore the claim.

Will I have pay a final hearing fee again?