Unpaid COT3 Settlement: How to Enforce It (UK)

What this document is

A COT3 is the document used to record the terms of a settlement reached with the help of an ACAS conciliator. Once signed by both sides it becomes a binding agreement, and entering into one usually ends the tribunal proceedings (or prevents them from being started).

The problem this page addresses is simple: the agreement says the respondent will pay a sum of money, the deadline passes, and nothing arrives. A COT3 is not a court judgment, so you cannot immediately send in bailiffs the way you could with an unpaid County Court Judgment.

You first need to convert the unpaid sum into something enforceable. The Fast Track scheme offers a streamlined way to do this, using a High Court Enforcement Officer to register the debt and pursue it against the respondent. Understanding how that process works, and when it is the right choice, is the focus of the guidance below.

How to use this document

1. Check the settlement terms carefully. Before taking any enforcement action, read through the COT3 to confirm the amount due, the payment date, and any conditions attached to payment. If the deadline has passed and no payment has arrived, you have the basis for enforcement. If the wording is ambiguous, clarify it before spending money on the process.
2. Write to the respondent first. A short, firm letter reminding the respondent of their obligation under the signed COT3 can sometimes prompt payment without the need for enforcement. Set a clear payment deadline, usually seven to fourteen days, and say that you intend to enforce the settlement if payment is not received. Keep a copy of everything you send.
3. Apply to the Fast Track enforcement scheme. If payment is still not forthcoming, you can use the Fast Track route, which allows a High Court Enforcement Officer to take on the case. You complete the application form, send it with a copy of the signed COT3, and pay the relevant fee (check gov.uk for the current amount). The Registry Trust processes the application.
4. Wait for acknowledgement and HCEO instruction. Once the application is accepted you will receive confirmation with a reference number and details of the enforcement officer assigned. The HCEO will take the necessary steps to register the sum with the court and obtain a Writ of Control so they can recover the money from the respondent.
5. Respond to any challenge promptly. The respondent may try to dispute that the sum is owed under general contract principles. If that happens, the enforcement process can pause while the dispute is resolved, so be ready to provide the signed COT3 and any supporting correspondence quickly. Keep detailed records throughout.