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Hi.

 

I am looking for some advice on how to handle a small claims procedure?

 

The story is that we booked a wedding with the vu in bathgate on the 7/2/2017. The wedding was to be held on the 30/11/2017, and when we signed the agreement we didnt read or were told about the cancellation fees.

 

We paid £500 up front the total cost was £5000. We are going to court as we had to cancel the wedding on the 27/04/2017, because our house was robbed and the money we had saved for further payments was stolen.

 

The Vu are claiming 100% of the total cost according to their contract. But I find this disgraceful, as if we were able to pay the entire cost we would not have had to cancel in the first instance.

 

I feel that the £500 deposit I paid should be more than enough for a cancellation. As they do not have to pay staff wages, catering costs or such likes for that date on 30/11/2017.

 

I don't know how to find out if a wedding took place on this date as this would cancel their cancellation fees. To expect us to pay the entire amount and not have our wedding. To me is incomprehensible. Like I said if we could have afforded this we wouldn't have cancelled.

 

Thank you for taking the time and for any help that anyone could provide us.

 

Forever greatfull.

 

Stewart.

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I am sorry to hear that the wedding had to be cancelled. You have not mentioned whether or not you received the summons and if so, did you respond to dispute the cancellation fees?

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In addition.

 

Our contract states that 100% of the total cost is due if the wedding is cancelled with less than 12 months to go.

 

We never had 12 months, as when we booked our weeding was only 10 and a half months away.

 

We effectively signed an agreement that we could potentially not get out of.

 

My grevience here is surely with less than 13 months remaining when we booked.

Surely they should have been offering a short term agreement, and not an agreement they knew we had no out with, if we had to cancel. Which obviously we had to.

 

We have and didn't respond.

As it stands we are attending court on the 22nd of this month as I had requested a recall so we can give our side of things.

 

Thanks for responding so quickly.

Edited by dx100uk
merge/space

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So you have received a court claim...and Bailiffs are not involved ?

 

Andy


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Any advice is really appreciated.

 

I have received a claim and will be attending court on the 22nd of this month for a discussion with the judge.

 

Thanks Stewart.

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So Bailiffs are not involved and you posted in the wrong forum.

 

Thread moved to General Legal Issues...Forum please continue to post here to your thread.

 

Please answer the following questions.....

 

In order for us to help you we require the following information:-

 

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

What is the total value of the claim?

 

When did you enter into the original agreement ?

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

 

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit/General and cards the other for Current accounts


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Thank you for all the responses. I have no idea how I should be dealing with this in court in 2 days time.

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post 6 please then we have the info to help you...

Edited by Andyorch
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