Following MEDIATION, defendant has failed to pay agreed sum.

[Aliass]

I took the company Elbec Limited  ( a supplier of Garden Buildings) through the

small claims court procedure.

At the mediation phase, they agreed to pay me a sum of money (£100)  within one week.

They have not paid (no surprise there) and now it seems I have the choice of a CCJ or

reinstating the claim.

I now have to complete "FORM N244 Application Notice" which has guidance notes but it is totally

incomprehensible to me. I went to Citizens Advice and appointments are way into the

future.  I have no idea of the implications of the alternatives of CCJ and going back to

the court. You have to enclose a fee, but would I be able to reclaim this if I won the case?

Do I need a solicitor at this stage?

Any general pointers would be gratefully appreciated.

 

[BankFodder]

You don't need a solicitor. You will get you a fee back.

Go for the CCJ

 

[Aliass]

Thank you so much. I will let you know how I get on.

[AndyOrch]

Did the mediation service actually stay/ discontinue the claim ?    I'm not sure why you would be required to submit an n244 just because the defendant didn't honor the mediation agreement...your claim should proceed anyway until you inform the court payment received or you discontinue the claim.

 

Andy 

[Aliass]

Andyorch, Thank you for your reply.

I am trying to send you a PM with some detailed information but can find absolutely no information on how to do this anywhere on the site.  The FAQS seem to be blocked as if I have not registered. But I can login OK, surely this means I have registered - or are these  different things?

i've spent nearly an hour trying to sort this, sorry to be rather negative about the site., it's not for the want of trying!

If I attach a file with the paperclip, will this becom public or is this for PM's.

 

[dx100uk]

no you dont use PM.

 

read our upload guide and scan things to .jpg, redact your pers info, then convert them to one mass PDF

all the details and websites that can do that online for you are listed in the guide

 

dx

 

[Aliass]

Thank you for the link to your upload guide.

This has been most helpful as I can now see info on how to use the site in general.

It's clear and helpful when you get there but its a hell of a job finding it for a beginner!

[AndyOrch]

Okay thanks for the PM.

 

Could you please log onto your account at MCOL and check the status of the claim...it should have a last entry of.....Defence submitted date xxxx.

 

Andy

[Aliass]

Thank you Andyorch.

 

When I view MCOL, all I am shown is the following, attached.  Interestingly, it's not dated.To-CAG-11-11-21.pdfTo-CAG-11-11-21.pdfTo-CAG-11-11-21.pdfTo-CAG-11-11-21.pdf

I can remember seeing somewhere in the past a chronological record of events but it's nowhere to be seen now.

The PM i sent you is from the settlement agreement which has all the details.

 

(I think you've got the pdf four times...  I'm not shouting!)

 

Here is the status record which may be what you wish to see.

 

To-CAG-Status.pdf

 

only 1 copy this time!

[AndyOrch]

Okay thanks.... so as my earlier post suspected mediation services have withdrawn the initial claim...now you are acting on the breached mediation agreement.

 

So if the agreement reached was for a lesser figure claimed...that is option 1. Request judgment.

But if you now wish for judgment for the full initial claim amount....that is option 2 and the full claim will be restored and move to allocation.

 

Let me know what parts you are unsure of on how to complete above form.

 

Andy