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Do I have to use mediation before county court

I have a straightforward invoice debt

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A large 'facilities' type company owes me a few grand. It is not contested, but they are dragging their feet and it is 4 months old.

Do I 'really' have to use mediation before a money claim online?


Replies (11)

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By Accountant A
08th May 2018 16:31

No, and I don't see the point where it is them just not paying what's due.

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By thomas34
08th May 2018 16:43

No you don't but mediation (probably by telephone) may be one of the stages between issuing the claim and going to court.

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By lionofludesch
08th May 2018 16:50

I believe you have to send a Letter Before Action (at least) 7 days before sending the court form off. Suppose that's "mediation" of a kind.

It often prompts some action so not entirely a waste of time. Dunno about your BigCo, though.

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By andy.partridge
08th May 2018 17:50

Not in my experience, but they do like to know you have make an effort to sort things out before bothering the court with it.

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Jennifer Adams
By Jennifer Adams
08th May 2018 20:32

Have a look at this article about taking a client to court:
"Get the details right: taking a client to court"

Under the section:Should you mediate?
The text states:

"There is a view that if you do not agree to mediation then the judge might not look favourably on the case, as you would not have done all you could to settle the case amicably.

On the other hand you have done the work, you have done nothing wrong, the invoice was fair, you have waited to be paid, the client is aware that payment would be due and when, they have been given enough opportunity to pay so why mediate? If this is a path you choose to go down, remember you are not mediating on a reduction but on how the debt will be paid."

From what you say you havent gone to County court yet - apply and see what the debtors reaction is.

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By Confused78
08th May 2018 22:08

No you don’t I have taken a few people to court over years and few very recently and straight forward using the online claim form

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Routemaster image
By tom123
09th May 2018 08:54

Thanks - I have already sent the 'seven day' letter.

When I came to try and use moneyclaim online, it now seems to require me to book mediation (at £50 per hour).

Will have another look.

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By tonycourt
09th May 2018 10:17

Did you have in mind the new pre-court action protocol which was introduced last October? If so, you needn't worry as it only applies to debts which are not B2B, unless the other business is a sole trader.

From your post it appears the debt is outside the protocol and therefore you only need to take the usual steps to recover the debt - as referred to in other responses.

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Replying to tonycourt:
Routemaster image
By tom123
09th May 2018 12:09

Thanks Tony.

Looks like Moneyclaim online is now only available for consumer use then,

This morning, the customer is stirring into slothful action following some fairly stern (read rude) emails I sent yesterday.

Whilst I feel sorry for some of the junior staff, on the end of this, I also am disappointed that they are obviously under instruction not to provide any 'higher up' contact details as a point of escalation.

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Replying to tom123:
By Wanderer
09th May 2018 13:29

tom123 wrote:

Looks like Moneyclaim online is now only available for consumer use then,

Don't think that is the case.

Believe it's still available for B2B. I think Tony is saying that the Pre-Action Protocol doesn't 'have' to be complied with for B2B (and possibly C2B?).
You can't however just go ahead and issue claims without certain information exchanges:-
"Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—..."

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Glenn Martin
By Glenn Martin
09th May 2018 14:04

Use Thomas Higgins they have all the correct forms and they get on with it.
If the guy is just not paying it will either flush his payment or get you the judgement you can collect on.

I wouldn't bother with mediation unless there is some dispute on the invoice as the other side will just try and chip you.(Unless you will accept a discount just to get paid and move on).

If you are wanting 100% of your claim mediation will just add further time to getting paid.

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