Legal/procedural tool · Reviewed 18 August 2026
Prepare for the hearing
Telephone mediation was scheduled but did not proceed after Eagerstates did not attend. The defended claim later reached an in-person County Court hearing, supported by a clear bundle, checked calculation and short answers to the legal questions raised by the defence.
From defence to payment
Use this as a preparation and record-keeping sequence. These events describe what happened; they are not presented as reasons for the outcome.
Directions questionnaire
Record the hearing venue, witnesses, availability and mediation position using the current court process. Treat the court's later order—not the worked example—as controlling.
Mediation
Telephone mediation was booked for 2 July 2025. The claimant attended and recorded that Eagerstates did not; HMCTS marked the appointment ‘Not Conducted’ because one or more parties had not attended. No confidential discussion is reproduced, and non-attendance is not presented as proof of the claim.
Witness evidence
The claimant used clear headings for the FTT history, calculation, answer to each defence point and the remedy sought, with references to the supporting exhibits.
Indexed bundle
The useful sections were the claim and defence, court orders, FTT decisions, lease and account evidence, pre-action material, evidence answering the defence and the final calculation.
In-person hearing
The final County Court hearing took place in person on 5 January 2026. Short answers were prepared for questions about direct enforcement, Termhouse, Cannon, whether issues were being decided again, the online claim service and the signed document.
Judgment and payment
The order separated principal, interest, costs and the payment deadline. The claimant checked the payment evidence before closing the file.
Questions to be ready for
Use these as speaking prompts, not a script. Answer briefly, then show the judge the relevant claim paragraph, legal source and evidence.
- Is this direct enforcement under CPR 70.5?
- No. The service-charge element is pleaded as a fresh County Court repayment claim. The FTT findings are relied upon for the issues they decided; enforcement would follow only after a money judgment.
- Does Termhouse mean the claim must fail?
- Termhouse confirms that a section 27A determination is declaratory and cannot itself be enforced as a money judgment. Identify the separate legal basis for the repayment claim and show how the calculation applies the findings to money paid.
- Is this asking the court to decide the service charges again?
- Identify precisely which issues the FTT decided and explain that those issues are not being put back before the court. Do not overstate the effect against a different party.
- Why was an online claim service used?
- It was only the service used to issue the claim. The claim must still state an available legal basis and meet the service’s current requirements.
- Did the signed document end the claim?
- Its effect must be decided from its words, context and applicable law. Address timing, intention, settlement status, consideration, statutory effect and any properly evidenced pressure without assuming the worked outcome supplies a general rule.