Nongki
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Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
I have been advised that I need to email the court, however, the clerk I was speaking to noted that I had made the court aware back in December that I would be out of the country for those dates -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Thanks, Trying to call them now The court fee of course is paid by the claimant not me -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
This is wearing me down now, seriously feel like they are deliberately trying to make me give. At the hearing on 1st March I specifically advised I would be out of the country from 17th April until 8th May. The judge noted this and said it wouldn’t be that quick. Received trial date today and it has been set for 1st May !!! I will, once again, have to pay for an adjournment as well as a trial fee of £123. Including 2 days lost work, 2 adjournment fees and a court fee, I am at the stage where I am paying out almost as much as the initial claim -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Fortunately he won't be the judge. He advised that, because he had seen that offers had been made, he could not be the judge. He removed any offer letters from the case files and gave them back to Adidas rep. -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
A receipt would have been given at the time but once the tracking showed it had been delivered back to Adidas and my refund had been received there was no reason to keep the receipt. The tracking number would have showed when and where I dropped it off and followed its route back to Adidas -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Adidas supplied a returns label, there was no cost involved only a drop off at Post Office -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
He didn’t to be honest. The claimants representative said to me, during our initial chat, that costs are capped in a small claims court so I wouldn’t get all my costs. At that stage I thought, why is he talking about my costs if he is sure I owe them money. -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Well, that didn’t really go how I was expecting. Not sure what I was expecting to be honest but came out feeling very negative - that’s typical of me. About half hour before the advised hearing time a suited guy approached me, introduced himself as the claimants representative and asked if I wanted a chat. He then said he had been instructed to offer a final agreement of a 50% reduction. I politely advised that I was already considerably out of pocket for something I hadn’t done so wasn’t particularly inclined to pay out a further 650. He advised that if it went to court then Adidas would “roll out a whole lot of evidence”, so to think about before going into the hearing. Just before going into the hearing he asked if I had thought about the offer and I informed him that I was happy for the case to continue with no agreement. Inside the hearing the Judge said if he was still a solicitor he would advise a client to come to an agreement and that my desire to pay nothing, whilst ideal is not often achieved. I told him that with lost wages and the fee I had paid for an adjournment I was already out of pocket, and agreeing to pay £650 would mean I had lost £1000 on the strength of an accusation, not a guilty charge. He told me quite abruptly that it is not a criminal case, there is no accusation or a guilty verdict. The court is merely to decide if I owe Adidas the money or not. He then asked if I had kept my receipts from the Post Office as proof of posting. I advised that under Adidas returns policy goods are received at the warehouse, condition checked, and refund paid. Once I had received refund there was no reason to keep the receipt, he just kind of shrugged his shoulders. The Adidas rep then said that Adidas had advised that refunds were paid out before goods were received back at the warehouse, and that the goods were never received. Judge then said he would put the case down for a 2 hour hearing. Advised that I add to my evidence by inserting bank statements showing refunds and also proof of postage, which I had already told him I don’t have. He then advised the claimant that he needed to clarify adidas returns policy -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Thanks Andy I will report how tomorrow goes -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Because i am a ******* idiot. Had mediation, it didn't work, presumed next step was the actual court case. Hopefully I have given everyone a lesson that you should really read rather than presume -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Sorry, that was the original notice, I paid £270 for it to be adjourned as I was out of the country. New date is tomorrow New notice literally just states new date -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Mate, I think I have stuffed up big style, presuming instead of actually reading letters Tomorrow is an ENE Hearing, there was no stipulation to supply other party with evidence and I have sent them everything !! IDIOT Maybe the Judge taking the ENE Hearing will advise them that they won't win, am I clutching at straws 2023-10-19 N157.pdf -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Day before hearing and still nothing from DWF Just received an email from the CC however advising that, due to DJ having another hearing at 10:00, the hearing has now moved to 11:30 -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
Received nothing from DWF today I have been reading that they can ask court for “relief of sanctions” ? -
Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.
Nongki replied to Nongki's topic in General Legal Issues
The biggest disappointment is that they, for some reason, have been saying it is being heard in Liverpool. Obviously my statement reveals to them it is in fact Newcastle. Can't believe they would have actually turned up at Liverpool but the thought was good
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