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

[intree]

Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.

 

I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.

 

So with the application N244 completed as above for £7700 plus costs and interest

I will attache my daughters letter as detailed under Sec 19 (2.1)

Defendants letter giving no objections 

 

I will send this by email tonight after I have finished work

 

I attach the N244 AND Letter and the defendants letter below in order as I complete each step

 

Thank you I will send these via email to the Court after 13.00hrs

cag N244.pdf

 

draft order

 

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

Before District Judge McClure

Dated 23//10 2020

Claimant/s

Mrs XXXXXX

Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx)

and Defendant

Goosedale Ltd T/A Goosedale

Draft Order

IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1)

###### End of Order ######

Amended Particulars of claim for N1.

The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.

 

 

daughters confirmation

 

Claim number: 164MC057

Leicester County Court
County Court
90 Wellington Street
LEICESTER
LE1 6HG

23 October 2020

 

                               MRS XXXXXXXX v GOOSEDALE LTD T/A GOOSEDALE

Dear Sir/Madam

In accordance with and under Rule 19.2(4)1, I confirm I have no objections that the District Judge allows myself XXXXXXX (nee XXXXXX to be added to the Claim Number 164MC057 in addition to my mother, Mrs XXXXXXXXX

I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above. I also confirm that I would like my mother XXXXXXX to represent me at any Hearings in this matter as Claimant and deal with the issue, proceedings and claim including enforcement.

 

Yours faithfully

 

 

 

GOOSEDALE LETTER 

CAG GOOSEDALE LETTER.pdf

 

Hi Andyorch and BankFodder I have now completed all the steps I just need to have the final approval to submit after checking, I really do thank you all so much and when the matter is resolved I will proceed to send in a donation for all your assistance as I WOULD NEVER have got to this stage without you all at the FORUM

[AndyOrch]

Couple of errors on your N244...not sure why you couldn't save a copy...move your mouse to the side and right click ...save as.

 

Dont complete anything in 6..my 30 mins was an error...as its requested without a hearing..

 

9a should be left blank (it states other than the claimant /defendant).

 

Staple the Draft order to the n244 along with the 2 letters of consent.

 

On the draft order remove the Amended particulars ..that was just for your benefit when you get to the next stage and the court asks you to resubmit amended particulars.Also there is an error in the amended particulars...should state " The leading Claimant " not The principle claimant.

 

Quote

 can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.

 

 

No you cant represent anyone....but you will be in attendance as the main claimant...if necessary and if directed by the court your daughter can submit a statement in support of the claim in her absence.We can cross that bridge if and when necessary.

 

Assuming the application is successful the court will give an order for you to resubmit an amended particulars of claim...nothing else changes..the date of claim the value etc....only the claimants names and the particulars.

 

lastly dont forget to make payment ...the fee is £100...and also be aware that in making this application you may become liable for the defendants costs if your claim is not successful.

 

Andy

[intree]

Hi Andy 

 

I will attach all the final documents here by Pdf I will make the amendments and do I need to post this by recorded delivery or can this be sent by email?

[intree]

n244 application

cag n244 copy.pdf

[AndyOrch]

You have not made the amendments as advised in my last post ?

[intree]

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

Before District Judge McClure

Dated 23//10 2020

Claimant/s

Mrs XXXXXX

Mrs XXXXXX

and Defendant

Goosedale Ltd T/A Goosedale

Draft Order

IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant Mrs XXXXX be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1)

###### End of Order ######

Amended Particulars of claim for N1.

The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on 19 April date 2019 in respect of a frustrated contract for a wedding venue for 350 Guests booked for the 23 May 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest and costs.

 

[intree]

I will have to redo the N244 please bear with me

[intree]

redone letter from my daughter

Claim number: 164MC057

Leicester County Court
County Court
90 Wellington Street
LEICESTER
LE1 6HG

23 October 2020

 

                               MRS XXXXXX v GOOSEDALE LTD T/A GOOSEDALE

Dear Sir/Madam

In accordance with and under Rule 19.2(4)1, I confirm I have no objections that the District Judge allows myself xxxxxxx xxxxxx (neee xxx) to be added to the Claim Number 164MC057 in addition to my mother, Mrs xxxxxxxx

.

I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above.

 

Yours faithfully

 

 

 

xxxxxxxxxxxxxxxx (nee xxxxxx)
2^nd Claimant

[AndyOrch]

Letters of consent are fine...just amend the N244 (6 & 9a) and  remove the amended particulars from the draft order.....job done.

 

You will have to check the county court accepts email applications and on line/phone payment...I would also send hard copies by post ...normal post will suffice simply request a receipt as proof of postage.

[intree]

This is the changed N244 i will complete fully once approved and sign off and put in names etc Andy

N244 - Application notice (08.18) draft cag.pdf

 

My Daughter has not formally changed her name she just advises its still on old name so do I put down old name sorry this is so confusing for me too

 

or should I continue with her new Surname and add Nee 

 

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

Before District Judge McClure

Dated 23//10 2020

Claimant/s

Mrs XXXXXX

Mrs XXXXXX

and Defendant

Goosedale Ltd T/A Goosedale

Draft Order

IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant Mrs XXXXX be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1)

###### End of Order ######

 

This is the final version

 

Please can I be advised can I send this all by email or should it be copied and sent with a Cheque for £100 made payable to Leicester County Court 

 

Thank you

[AndyOrch]

Draft order is fine...... N244 you have still not amended point 6.......no time to be entered and not agreed by parties.

 

Use her old name thats fine.

 

Email and payment arrangements see my post # 134...already advised.

[intree]

final version now done on N244

cag n244 copy final.pdf

[AndyOrch]

Yes that fine.....Im just wondering whether we should include a copy of the amended particulars on a separate sheet to speed the process up.

 

 

So 1 more last sheet for you to attach to the N244

 

 

In the Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

 

Claimant/s......... V        Defendant.........

 

Amended particulars of claim.

 

The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on 19 April date 2019 in respect of a frustrated contract for a wedding venue for 350 Guests booked for the 23 May 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The leading claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest and costs.

 

Statement of Truth

 

I believe that the  facts stated in the particulars of claim are true.

 

Signed

 

Dated this day xxxxx

 

 

 

[intree]

Thanks Andy I will send via Recorded delivery later today, I have done the above letter too, and will send everything by 4 PM I can confirm I have amended the form and removed 6 and 9a too

[intree]

I have done everthing above Andy I will send along with a cheque when I go to town in 1 hour

 

Thank you so much as always

[AndyOrch]

[intree]

just received this response from the Court they do waste a lot of time and effort and its not fair

I have now resubmitted all the evidence with the Notice of Transfer and the N244 application via email, I have just had enough, is this justice working?

HM Courts rejection of N244.pdf

 

i just sent this by email sorry if I am angry but it really is not fair how the system works at all

 

Reissued due to Leicester County Court : ref XXXXXXXXXX - Civil Section (letter attached)

Please refer to the attached where this claim has been transferred to Leicester County Court,

We submitted the application attached and this was returned stating the claim is with Money claims, this must be incorrect as we have the letters to confirm that this is not the case.

Please can this matter be dealt with by the County Court as we can not understand why this has been returned as detailed, Please again attached the

  N244 Application for Leicester County Court reissued today from 23 October 2020.

1. Letter from Leicester County Court confirming transfer
2. Letter from Leicester County Court, rejecting the application which we have already send to Court by post.

 

Kind regards

[AndyOrch]

Hows this transpiring intree...have they decided which court its at yet ?

 

Andy

[intree]

Hi Andy I have just logged on and found this email as I was at work until now

 

Does this mean I need to send in 3 copies of the letters and the application and £100 fee now again.

Case number: 164MC057

 

We have now got your file and has been transferred into Leicester County court,

 

Could you please resend the payment with your application triplicated so I can refer it to the judge.

 

When we first received your application and cheque your file hadn’t been transferred in however now it has so we can process your application.

 

Thank you

I will make 3 copies and resend them in again tomorrow Andy

I presume this will be dealt with now hopefully.

 

[AndyOrch]

[intree]

Hi Andy

I have just received this from the Court, they have referred to my Daughter as Mr as opposed to Mrs but I am not going to raise that I will see what the Venue now does, I just dont know what the procedure now is, so I would be obliged if I can be assisted further with your kind help and thank you for getting me to this stage, I really am grateful to be seeing a light at the end of the dark tunnel now.

 

 

General Form of Judgment.pdf

[AndyOrch]

Its simply conformation that there is now a second claimant in the case..as per your application and costs allowed.Now we are back on track.I think its important that you advise the court re Mrs as opposed to Mr..this may be important at a later stage should you have need to enforce the judgment.

 

They have not confirmed that the new particulars have been issued...or whether you should serve a copy on the defendant...you can seek clarity on that when you speak to the court re Mrs/Mr..... ask if the court intends to serve the amended particulars of issue further directions.?

[intree]

Thank you Andy

 

I will send the following after  your approval:

 

Leicester County Court

Fao District Judge

Leicester County Court : ref XXXXXXXXXX   Claimants Mrs xxxxxxxxxxxxxxx and Mrs XXXXXXXXX XXXXXXXX

 

I refer to the General Form of Judgement /Order for the above claim dated 6 November 2020, Please can the court records note that the 2nd claimant is Mrs and Not Mr, please can the records be amended.

 

Further to the Order, we are not advised the that the amended particulars of claim have been issued or whether we should serve a copy on the defendant. Please can the Court confirm:

 

1. Please can we be informed if the court intends to serve the amended particulars 
2. issue further directions in this claim as we have not been informed.

We thank you for your assistance, and would be obliged if we can be notified as soon as possible.

 

Kind regards

 

Claimants

 

 

[AndyOrch]

Fine ...just a slight tweak above in red.

[intree]

Thank you Andy I will send this now by email