Goosedale WEDDING VENUE REFUSING REFUND *** Settled by Tomlin Order***

[intree]

2 minutes ago, BankFodder said:

Make sure that anything you write to the court is sent by recorded delivery at least – next day special delivery would be better.

If you are close to the court then I would also suggest that you take a copy in by hand. Of course make sure that the reference numbers or claim numbers appear on whatever you send

 

of Course BankFodder

they do have a email too ? 

[email protected]

 

but I can send recorded delivery no problem, I will wait for your post up and attach the evidence and post up before I send by tomorrow

4 minutes ago, BankFodder said:

Make sure that anything you write to the court is sent by recorded delivery at least – next day special delivery would be better.

If you are close to the court then I would also suggest that you take a copy in by hand. Of course make sure that the reference numbers or claim numbers appear on whatever you send

Please can you let me know which amendments need to be added and can I include the without prejudice letter they sent to my daughter?

[AndyOrch]

You have not yet received your Directions Questionnaire or submitted ?

[BankFodder]

In addition to the question that my site team colleague has just asked you above, what bearing has the letter to your daughter on the application that you are making to the court as regards your status as a claimant?

Could we see the letter please. Post it up in PDF format

[intree]

13 minutes ago, Andyorch said:

You have not yet received your Directions Questionnaire or submitted ?

The directions Question was sent back on 7 October it just asked if I wanted the claim to continue as there was a defence, I have not received anything else at all other than the letter from the Court about the Transfer of proceedings as Directed by the Judge to Leicester County Court?

 

I dont know what else is coming I just read through all the comments made over last week and was concerned about what I should do, hence I posted up if I need to write to the Court?

[intree]

13 minutes ago, BankFodder said:

In addition to the question that my site team colleague has just asked you above, what bearing has the letter to your daughter on the application that you are making to the court as regards your status as a claimant?

Could we see the letter please. Post it up in PDF format

It is a letter to my daughter stating no refund will be given but they accept the Frustration of Contract, this has been posted up above, I have to refer to this in a short while I am just looking into where it is

[intree]

4 minutes ago, BankFodder said:

Presumably you responded to the DQ?

 

 

Yes I advised above I want to continue with the claim, then the transfer came to Leicester which I posted up above

[BankFodder]

3 minutes ago, intree said:

It is a letter to my daughter stating no refund will be given but they accept the Frustration of Contract, this has been posted up above, I have to refer to this in a short while I am just looking into where it is

 

Are you actually saying that your daughter has received a letter in which the defendant agrees that the contract has been frustrated?

 

 

2 minutes ago, intree said:

Yes I advised above I want to continue with the claim, then the transfer came to Leicester which I posted up above

 

Did the DQ give you any space to say anything else other than you wanted to proceed?

[intree]

Just now, BankFodder said:

 

Are you actually saying that your daughter has received a letter in which the defendant agrees that the contract has been frustrated?

Please let me try and load it, they accepted it has been frustrated but advised the only a Court can make a Decision and they do not accept the CMA Guidelines I am looking into where it has been posted as I have to reedit everything if I do it again, please bear with me

[BankFodder]

Well I have to say that you are drip feeding important information to us. It's very unhelpful. A lot of time is being spent here and we are only discovering new information by accident.

Please will you make sure that your file is in order and let's have the information we need

[intree]

Just now, BankFodder said:

But I have to say that you are drip feeding important information to us. It's very unhelpful. A lot of time is being spent here and we are only discovering new information by accident.

Please will you make sure that your file is in order and let's have the information we need

No no certainly I have mentioned and posted up the letter in #43, I will post this up again, I have also informed the Forum of the defense and the facts all which pertain to the matter, I have not hidden any facts or pointers, only where i can not delete names in a document they have not been posted up

[BankFodder]

If we can see the letter, that will probably change everything and we will take a different approach.

[intree]

1 minute ago, BankFodder said:

I'm sorry, but I can't find the post containing the letter to your daughter. Could you post a link to it please. You do that by clicking the post number and then copy the URL

We've seen the defence but I wasn't aware of the letter to your daughter

 

without prejudice.pdf

[intree]

I have uploaded the letter again, I am sure this was giving problems last time, I have not hidden any facts for me to do so would be wrong, as I am just seeking the best help for a situation where I have lost my life savings for a wedding I could not give to my daughter, I am currently on medication to assist me so I apologise if it appears I am doing something which is not intended at all

 

[BankFodder]

Thank you.

The letter is extremely useful because first of all, it acknowledges you as a close family member and that brings you comfortably within the Contracts (Rights of Third Parties) Act and it will be very difficult for them to challenge that.

Secondly, they admit that it is a frustrated contract and all they are doing is trying to find a solution which does not involve making you a refund.

The fact that it is without prejudice is not relevant here for two reasons:

First of all, the without prejudice element would refer to the settlement proposals that they are making. But their admission that it is a frustrated contract has nothing to do with the settlement.

Secondly, they have admitted (by their silence) in their defence that the contract is frustrated. Their admission here is simply evidence that they accept this – and it makes even more evident that their attempt to derail your claim on the basis that you don't have locus is a highly specious argument. Their admission that the contract is frustrated goes to the substantive issue of your claim and they would not be entitled to deny it in court

I suggest that you make an application notice. There will be a fee but I think it's the fastest way to deal with this.

The application notice will basically deal with the points that we have already laid out the earlier draft, but would it will also specifically refer to their defence in which they implicitly admit that the contract is frustrated and that by way of evidence you are supplying their letter dated XXX in which not only do they acknowledge that you are a close family member and therefore likely to be a beneficiary, but also they make it clear at paragraph XXX – highlighted – that they agreed that the contract is frustrated.

On this basis, the defence lacks any validity and you request that the defence be struck out and judgement given the entire sum plus costs plus the cost of this application.

Something like that.
You would supply a copy of their letter with the relevant sentence highlighted in yellow.

 

 

[BankFodder]

In fact, I apologise – because you did post up the letter although it was at post number #53 – not 43.

I'm very sorry because it passed us by and it would have helped enormously if we had noticed it.

 

 

If you agree that this is the way to go then please post up the text of your application notice before you send it off.

I think you will need to set about this fairly quickly

[intree]

Thank you BankFodder I am just collecting myself, I will do this tomorrow morning, as stated and post this up here, I will then send the application as confirmed after you have had a look fully and commented I will attach the letter and also confirm the details.

 

I shall post up the final version by 13.00 tomorrow

 

Thank you again it has not been easy at all sending my daughter off without any celebrations or what I had hoped to give her since she was 15, but instead be fighting for money that I saved for such intentions since May 2020.

 

 

[intree]

50 minutes ago, intree said:

Thank you BankFodder I am just collecting myself, I will do this tomorrow morning, as stated and post this up here, I will then send the application as confirmed after you have had a look fully and commented I will attach the letter and also confirm the details.

 

I shall post up the final version by 13.00 tomorrow

 

Thank you again it has not been easy at all sending my daughter off without any celebrations or what I had hoped to give her since she was 15, but instead be fighting for money that I saved for such intentions since May 2020.

 

 

Letter re attached without our names

without prejudice.pdf

[intree]

I propose the following

Claim No

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

                               Mrs XXXXXX XXXXXX V GOOSEDALE LTD T/A GOOSEDALE

Application notice 

 

Dear Sir/madam

 

In accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4 we ask that the Judge allows the addition of the claimant Mrs XXXXXX   XXXXXX   to the Claim and under Rule 19.2(4) and ask the Court to allow this in the Interest of Justice.

Mrs xxxxx  xxxxxx

This is to allow the matter to proceed to Court and save costs and time of the Court in the event that the matter will be heard at the County Court,, we duly attach the signed confirmation of the new Claimant who authorises Her addition, this also confirms she asks me to represent her in Court and against all actions against the defendant.

In support we confirm that the First Application:

The applicant has named themselves as claimant in this action as they are entitled under the Contracts (Rights of Third Parties) Act 1999 to enjoy all the rights of a directly contracting party. The applicant is the mother of the bride and in fact is the person who is responsible for the entire organisation of the wedding celebration and its arrangements and who is also paying for the entire event.

The defendant has responded to the claimant's particulars of claim and has defended on the sole point that the applicant lacks locus to sue.

Although the applicant does have locus under the 1999 Act, for the avoidance of doubt, the applicant is now formally seeking to add her daughter as an additional claimant to the action.

The addition of a second claimant does not alter the cause of action in any way. The facts are exactly the same and the applicant does not propose to make any further changes to the particulars of claim at this point.

On that basis, the addition of a second claimant is merely intended to clarify the position and is purely a technical alteration - and as no new issues have been raised in the particulars, there is no necessity for the defendant to make any further response to the claim.

It is in the interests of justice that you be allowed to proceed with your claim either on the basis of your third party rights or with an amendment which is purely technical

 

 

Application to Strike out Defence abuse of Court Process Second application:

We specifically refer to their defence in which they implicitly admit that the contract is frustrated and that by way of evidence we are supplying their letter dated  xxxx in which not only do they acknowledge that I am a close family member and therefore likely to be a beneficiary, but also they make it clear at paragraph XXX – highlighted – that they agreed that the contract is frustrated.

On this basis, the defence lacks any validity and you request that the defence be struck out and judgement given the entire sum plus costs plus the cost of this application

The Defendant has defended purely on the issue of the status of the claimant. The substantive allegation in the particulars of claim that the contract is frustrated has not been addressed and is therefore admitted by the defendant.

Accordingly, it is requested that the court enters judgement for the claimant with an order that the defendant pays the judgement sum forthwith, including Costs and interest. This will prevent further waste of Court time and costs which will be incurred for a claim which has been admitted by the defendant (please refer to attached)

 

.Costs:

As this application is merely a technical clarification but the claimant maintains their position that they are entitled to sue under the Contracts (Rights of Third Parties) Act 1999, and as the amendment proposed by this application raises no new issues, and as the defendant has not defended on any substantive issues raised in the claim, it is requested that the court orders that the costs of this application follow the judgement.

 

 

 

Kind regards

 

Mrs XXXX  XXXXXXX

if this is all good please advise I WILL  post this out tomorrow by 13.00hrs by recorded delivery and post up the final version

 

Thank you 

[BankFodder]

I think you might be better off downloading a form N244 and then working from that. Although in theory there is nothing to stop you making an application by means of a letter, I think that it may not be appreciated that it is a formal application.

Start off with the proper court form and then you can attach extra evidence and also your statement

[intree]

1 minute ago, BankFodder said:

I think you might be better off downloading a form N244 and then working from that. Although in theory there is nothing to stop you making an application by means of a letter, I think that it may not be appreciated that it is a formal application.

Start off with the proper court form and then you can attach extra evidence and also your statement

thank you yes of course this is just a draft if it can be agreed and the wording is all ok I will post it tomorrow and put up the application and letters by 13.00 tomorrow

 

[BankFodder]

I think that it will be better to see it written in the context of the form and to agree it there

https://www.gov.uk/government/publications/form-n244-application-notice

[intree]

Thank you I will do this by tonight, on the N244 and post up before sending the final version tomorrow 13.00hrs

 

I will notify the forum as soon as I have completed this after work tonight

[BankFodder]

I'm just thinking over this, and I think it might be to your advantage to prepare the N244 and then to write a nice letter to the defendants, pointing out what you are proposing to do and suggesting to them that if they consented, it would save a lot of time and a lot of hassle for everybody including them and the court.

Frankly it would be very sensible of them to consent and if they did then that would probably just about bring an end to the litigation. On the other hand if they objected, then I think that we would include this in the application notice and point out to the court that you had sought to discuss this with the defendants and they were being uncooperative and this was a further reason why costs should be awarded in your favour.

I think this is the correct way to go

[intree]

This is the letter I will attach to the Court too

 

 

Claim No xxxxx

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

                               Mrs XXXXXX XXXXXX V GOOSEDALE LTD T/A GOOSEDALE

Dear Sir/madam

 

In accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4 we ask that the Judge allows My name to be added to the Claim number XXXX in addition to Mrs XXXX XXXXX

I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above and also confirm this by the attached Document, which confirmed from the defendant, that the Contract has been frustrated.

 

Mrs xxxxx  xxxxxx

2^nd Claimant

[intree]

9 minutes ago, BankFodder said:

I'm just thinking over this, and I think it might be to your advantage to prepare the N244 and then to write a nice letter to the defendants, pointing out what you are proposing to do and suggesting to them that if they consented, it would save a lot of time and a lot of hassle for everybody including them and the court.

Frankly it would be very sensible of them to consent and if they did then that would probably just about bring an end to the litigation. On the other hand if they objected, then I think that we would include this in the application notice and point out to the court that you had sought to discuss this with the defendants and they were being uncooperative and this was a further reason why costs should be awarded in your favour.

I think this is the correct way to go

I agree I will send this letter tonight and post up I will email them so they cant say they did not receive it also send by recorded delivery, then do I give them 7 days to respond before I send the N244 BankFodder?