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Small Claims (MCOL)
derber
Posts: 5 Forumite
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’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 🙂
Many thanks in advance 🙂
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Comments
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I don't know if it is possible to restart the MCOL, but that would be my first thought. If it can't be restarted, then start a new claim?The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0
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Does the OP need to restart it? They haven't actually said that they discontinued the claim yet. Don't they just start off again where they left off? I wouldn't discontunue a claim until any settlement cheque had cleared.
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I think it depends if the settlement outcome was made into a court order, in which case the OP would have to make a separate application for enforcement. Otherwise I think it's a case of them telling the court that the negotiations failed and they need to continue with the claim.Manxman_in_exile said:Does the OP need to restart it? They haven't actually said that they discontinued the claim yet. Don't they just start off again where they left off? I wouldn't discontunue a claim until any settlement cheque had cleared.0 -
Mediation failed, claim isn't settled, request a court date and let a judge decide.
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The mediation has been successful as you have an agreed amount for payment. If the bank has returned the cheque to you, and it is not stamped "refer to drawer" in the first instance, represent it to the bank for payment. If you don't have the cheque or it is stamped "refer to drawer" consider making a new claim for non-payment of a debt (adding interest)
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