County courts

I run a small business based in Kent. Earlier this year I was in an unfortunate position where I had to take one of my clients to court in order to retrieve funds for services rendered.

In the beginning of September we had a mediation where we tried to settle out of court. After accepting a reduction of 78% we settled (reluctantly). Unfortunately we find ourselves in a position where our client has refused to honour the agreement. We applied to the a county court in the middle of September for a hearing and guidance. Unfortunately after almost three months of no movement and frankly rude telephone manners, we found that our case has not been even looked at.

Understandably the county court is busy but I offered to apply to transfer the case to another county court that was not as busy. I was told by a member of staff that it is still up to the judge and it is more luckily for us to wait even longer to get the case transferred to another county court.


I was hoping you could help.

It has now been more than half a year and I havent heard anything from the courts.

All we wanted was for the agreement to be enforced.

Is this normal or is there something I can do?

You might want to consider Article 5(1) of the Directive (2000/35/ec):
"Member states shall ensure that an enforceable title can be obtained, irrespective of the amount of the debt, normally within 90 calendar days of the creditor's action or application at the court....."

What next (i)complain to the court, (ii)complain to your MP , (iii)contact the relevant Minister at the Department of BIS (Mark Prisk MP)and complain about any failure by the Courts,(iv)draw the attention of the possible breach of Article 5 (1) to your MEP and invite him or her to draw the matter to the relevant authorities in Europe.

Good luck.