UK seller broke a mediated settlement: what next?
Check the settlement wording and any court order, then record the missed payment or collection and your own compliance. For court mediation, ask about judgment or a hearing; for a private agreement, get advice on a settlement claim. Cambridge China Bridge supports factory sourcing with its own staff in China.
Identify the agreement and the court position
This guide concerns a personal purchase of China-sourced goods from a UK seller, with court steps focused on England and Wales. For Scotland or Northern Ireland, obtain local procedural advice. Gather the final settlement, attachments, claim number and any court order. Identify whether you used the court's small claims mediation service or an independent mediator.
Read the actual refund, collection, release and default wording. Highlight anything linking payment to collection or making release conditional on performance. Do not assume a breach automatically revives your original claim. Our settlement wording guide covers release and payment conditions; here, check how the agreed wording applies to the missed obligation.
Separate missed payment from missed collection
For payment, record the agreed recipient, due date, amount due, payments received and unpaid balance. Save bank records showing what actually arrived. Compare a promise to arrange payment with wording requiring receipt. If instalments were agreed, ask an adviser whether the default wording addresses only the missed instalment or the remaining balance.
For collection, save the agreed address, booking arrangements, access requirements and messages showing that you made the goods available. Photograph their condition and packing, and record failed visits or missed bookings. If payment depends on collection, flag that sequence expressly. Before returning, disposing of or charging storage for the goods, ask an adviser to check the settlement.
Send a factual breach notice
Write to the named seller using the contact method specified in the settlement. Identify the agreement, quote the missed obligation, explain what happened and state what remains outstanding. Attach relevant payment or collection evidence and request a written response. Keep the message and delivery record.
Check any agreed notice procedure or opportunity to remedy the breach before choosing your next step. If you are considering an extension or revised collection arrangement, have its effect on the settlement checked and record precisely what you accept. Keep negotiation notes separate from the final agreement and performance evidence; ask your adviser what to submit to court.
For court mediation, ask about the existing claim
Government guidance says that if either side breaks a court mediation settlement, the other side can ask the court for a judgment or hearing. Contact the court handling your claim with the claim number, settlement and breach record. Ask which application and supporting documents fit your claim's current status.
Ask your adviser whether to seek judgment for the unpaid settlement balance or a hearing, and what the settlement and any court order permit. Explain any disputed collection condition or partial performance. Do not simply replace the settlement figure with your original demand. Our small claims mediation guide covers the mediation stage.
For private settlements or court orders, check the route
For civil disputes, a signed mediated settlement serves as a legally binding contract. If you mediated privately without an existing claim, ask a solicitor whether to bring a money claim for breach of that agreement. A County Court money claim is available for money owed by a person or business; have the basis and amount of your proposed claim checked.
If you already have a court order, give your adviser the complete order and any attached settlement schedule. Ask which obligations appear in each document and whether you need an application in the existing proceedings. For an unperformed collection promise, ask what remedy to request rather than treating the promise as an agreed cash debt.
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Keep judgment enforcement as a separate decision
If you have an unpaid County Court money judgment, use our judgment enforcement guide to assess assets and methods. Confirm the collection process with the court or your adviser; recovery is not guaranteed. Update your balance for every payment and compare likely recovery with further costs.
Keep a single file containing the settlement, orders, notices, payment ledger and collection history. Give your adviser a short chronology and identify the outcome you want: payment, collection or resolution of a disputed condition. This helps keep the application focused on the obligation that remains unperformed.
Frequently asked questions
Can I send bailiffs after a mediated settlement is broken?
First establish whether you have a money judgment or court order and what it requires. For a broken court mediation settlement, government guidance allows you to ask for a judgment or hearing.
Can I claim the original amount after a missed settlement payment?
Do not assume the original claim automatically revives. Ask an adviser to check the release, default wording and court position before choosing between pursuing the settlement balance and seeking a hearing.
What if the seller does not collect the goods?
Record the missed booking and evidence that the goods were available. Check whether collection affects payment. Ask an adviser before disposing of the goods, arranging your own return or adding storage charges.
What evidence should I keep of the breach?
Keep the final settlement, court documents, bank records, collection bookings, photographs and breach notices. Record your own compliance and every payment received. Ask your adviser which documents to submit.