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

[altosbestos]

On 17/02/2021 at 08:25, intree said:

Thank you for the advice Andy, I will of course post up any further directions or orders as they arrive, including all responses from the Defendant.

 

 

Shocking they'd be so lenient. Please keep us posted.

[intree]

Hi Andy and BankFodder this is the AQ notification and Date of Hearing, we would be obliged if we can be advised further and in particular for our costs in litigation due to the unreasonable behaviour of the Defendants and their defence to date.

 

 

GOOSEDALE LTD TA GOOSEDALE.pdf

[AndyOrch]

Post moved to your own topic.

 

Can you also please scan redact and upload a copy of the defendants DQ.

 

Andy

[intree]

We are particularly concerned that they have mislead the truth in their defence to the Court stating we agreed to a reduced number of guests to change the contract, for 8/10/20 and also stated we cancelled this date, both facts which are concerning as the contract was accepted and confirmed as Frustrated since May 23 2020, we were merely postponing as they refused to refund us, so we had been told "NO REFUNDS - POSTPONE"

 

They are trying their luck and this is one of the most disgraceful companies we have dealt with to date in our concerns, while we have been members in the Forum, please families and couples note, this thread before they book this venue they are not ones to be trusted or relied on for a service, then they will charge you for the privilege of not providing you anything but lies and excuses.

[AndyOrch]

Post moved to your own topic.

[intree]

Thank you Andy I am so frustrated as we have no money and have had to borrow to pay for my daughters wedding last year and still in the situation created by Goosedale, where we are paying back a loan to cover the small wedding event, when they should have refunded this last year, we are so disappointed how they have behaved.

 

Thank you for your assistance, as soon as I can recover the money I will of course make a donation to the Forum as your help and support has been much appreciated.

[AndyOrch]

Understandable.... but if we can get back to the matters in hand....please can you scan redact and upload a copy of the defendants DQ n180.

[intree]

Hi Andy this is a copy of their DQ which they sent to us by recorded deliver but did not post up on the Court until the unless order, we can confirm that we have not still received the Court copy of the DQ or if they have changed the solicitors or indeed if Mr XXXXX is still defending the claim in person so we are not sure.

 

Scans_20210122_150955.pdf

 

sorry I will post in main forum

[AndyOrch]

Not to worry...I thought you had received a further DQ re Unless Order.

 

Going back to the N157...obviously this will now be a remote hearing by way of teleconference. Not ideal but it is what it is and your Court has not offered you the opportunity to vary it....unlike most other cases on here.

 

The directions are straight forward and self explanatory...it is vital you file and serve on time as stated by the dates.

 

Witness statements are quite easy to draft but they must be in the correct format and compliance that the court require. Its a particularised version in your own words and account of the dispute in support of your particulars of claim. If you refer to a document within the statement you must mark it accordingly and that will become a numbered exhibit which you will attach to the statement and if numerous exhibits you prepare a legend sheet with them named and numbered.  That is your disclosure.

 

 

You will have to duplicate the above given there are two claimants.

 

Re Litigant in Person Costs .....this list must be prepared and served on the defendant not less than 2 days pre hearing.

 

With regards to costs see CPR 46 and 46.5

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases#46.5

 

And CPR 27.14 given this is Small Claims Track.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

 

 

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[intree]

Thank you Andy I will start on the witness statements and the documents on file, by end of this month to be issued to Court and as detailed by the date given, I will post up the statements in Private before I submit these to the Court in time for the Hearing.

 

We will of course Post the documents to the defendant to their last address we have on file.

[intree]

I am compiling the relevant legal guidance from the CMA and consumer law, please can the Forum advise which others are relevant in addition to these 

 

Frustrated Contracts Law :

 

https://www.legislation.gov.uk/ukpga/Geo6/6-7/40/section/1

 

CMA LAW GUIDANCE HOW THE LAW APPLIES:

 

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

 

https://www.gov.uk/government/publications/cma-open-letter-to-the-weddings-sector

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

 

[intree]

further clarification of the law by a law firm:

 

https://www.fsp-law.com/to-have-and-to-hold-cma-issues-guidance-for-the-wedding-industry/

 

These Venues are so deluded they have no regard for their customers or any of the brides and grooms who have given them their life savings for a special day, instead they have become greed ridden and have interpreted the law to suit their own affairs, given that the Government has given and supported these venues with Tax payers money while including Furlough support; they really have been taking the money on both sides of the coin and then providing nothing to their customers this is against the CMA guidance and the law of Frustrated Contracts.

 

The Irony is they have accepted the contracts are frustrated but they wish to keep hold of funds to which they have not provided any service for, technically this is theft and the sooner the CMA takes action the better.

[intree]

Please can the Forum also confirm the following as I can not seem to understand how the Defendant proposes to keep funds we have given them on the basis:

 

1. The contract was Frustrated due to covid restrictions in May 2020, and accepted by them as such, hence the proposed new dates which we had been told we must accept failing which there will be no refund.
2. The Contract has no variation clauses, which we have agreed to or can be agreed to as the venue was hired for 350 guests and they have stated a revised contract was agreed, this is a lie, hence we are concerned they are trying to confuse the Court with claiming they are entitled to keep 80% of the whole payment of £7700, which is again against CMA guidelines.
3. In the alternative they are arguing that we have a Frustrated contract but we owe them money and this amounts to 30% of the whole amount due, it seem they wish to rely on the claim of Bijou, however they have not provided any bespoke or relevant or indeed any service to us, in addition this is again against the CMA guidelines.

I can confirm that our witness statement will be completed together with all the above information and together with a letter from the Defendants and their emails and our letters before claim, as we have serious concerns that the defence is misleading the Court.

 

We can confirm that we have spent Hours dealing with this matter to date, since the start of the claim and we understand that, we have incurred additional costs of pursuing a claim which should have been settled at the point when we issued the Letter before Claim, at at the time the Defendant refused to issue the refund based on his own interpretation of the facts and law dated 23 September 2020.

 

We will of course be approaching the press once this matter has been through the Court as there are hundreds of other people who have been left in the same situation and venues like these and the legal advisors have just become greedy and have tried to hold on to funds which the CMA has confirmed they are not and never have been entitled to.

 

I await the good advice of the Forum and can confirm that I am grateful for the advices given to allow the matter to reach this crucial stage before I approach the National and local press in this matter.

[AndyOrch]

Post your draft witness statement/exhibits list here in PDF format when ready and I will run through it and make any necessary amendments if required.

 

Andy

[intree]

Thank you Andy, I will get this ready sometime end of May for further advice and guidance.

[intree]

Hi Andy and BankFodder

 

I will start preparing my witness statements next month to send to the forum in private in first week of June I am currently  going through the documents and would just be obliged if you can let me know if I need to include all documents in the file I have or the most important ones to show the contract, the frustration , Letter before claim and the responses from the defendants. I can confirm that I am still not advised if the Solicitors have informed the Court they will be representing the Defendant and the last response from the Court in this matter was in January when they stated the Defendant was acting on his own.

 

I am hoping to follow the protocol for witness statements here https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements but if this is not correct please can I be advised, I also wish to hold on posting the final version in the main forum until a later date as the Defendant is reading the posts I am making but not in dialogue to resolve this matter, which is very concerning.

 

Thank you for all the advice and assistance to date.

[AndyOrch]

The only documents you can disclose are documents you have referred to in either your initial particulars or the statement you are about to draft..IE so in your statement you refer to a particular document you finish that paragraph with (See exhibit 1a 1b 1c etc etc....so if its in neither ...its not admissible as standard disclosure,

 

The protocol you refer to is okay although the statement of truth is outdated.

 

Andy.

 

 

 

 

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[intree]

I now attach the Draft I am completing the full document list and the statement will be finalised by the deadline, I would be obliged if I can be advised if the format is correct and if the content of the statement is in order, I am also compiling all the Government Guidance issued on the relevant dates and this will be included in the final version.

 

Thank you for all your advice to date and the matter will be ready for the Hearing in due course.

 

WS DRAFT 2.pdf

[intree]

The date for Court and Service is 25 June 2021 so I will post send these by this date once finalised with the documents I need to be seen by the Court, please can it be confirmed will I need separate statements from my daughter and Husband or can this all be included in this document as it has been.

 

My daughter is confirming what I have sated, and my husband needs to make the statement when he spoke to the Venue to confirm that we did not accept their date of 08 October 2020 as it was not a weekend and the venue was not able to provide the service we paid for in full at all, his telephone call was cut off and ignored by the defendant as with all our communication to them including the letter before claim.

[AndyOrch]

Very good you seem to have covered all points on which your claim relies upon. Now with regards to the above and witness statements only you and daughter can submit statements and evidence...as joint claimant's. Your husband can be referred to in the above statement but will not be required to submit a statement.....unless you named him on your DQ as a Witness.....so on your DQ it would have stated 2 witness's (yourself and husband)...your daughters DQ should have stated 1 witness (herself). 

 

I cant really advise to add anything further to the above....just make sure you prepare a disclosure table list and that you have marked in the statement at the appropriate points the exhibit number you are referring to.

 

3 Copies must be prepared...Court/Defendant/ Self.  file.

 

Andy

 

 

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[intree]

Thank you Andy, I will of course post up the final version within the next two weeks, and before submission as confirmed.

[intree]

Hi Andy I am finalising and documenting the final version and will post this up as soon as this has been completed next week, I can confirm that I am preparing 3 Copies of

1) List of documents

2)Witness statements

I expect to be in a position to post the final version once approved here to the defendants by 23 June and send to the Court by email on the same date.

 

I am a little confused about what legal costs I can claim, I understand Litigant in person costs are £19 per hour, I have calculated that I have to date spent over 46 Hours on the matter since the claim went into Court, this includes preparing the documents, scanning and responding to the claim this is in addition to the cots already incurred. please can I be advised what format I need to sent to the Court and by which date or will this go in with the above documents by the deadline of 25 June 2021.

 

All advice appreciated as before,  thank you for all the support to date.

[AndyOrch]

Thanks for the update ......so with regards to costs...all costs in the small claim track are legislated pursuant to CPR 27.14.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

To a degree mostly fixed pursuant to  CPR 45 but if you look at 27.14 g can be awarded above and at the discretion of the court if a party has been unreasonable.....but that is normally by way of having the costs assessed.

 

The procedure is to request costs in the conclusion of your statement, do not state a figure, just request costs in the claim.

You then must prepare a bill of costs, this is an itemised breakdown list of how the costs were incurred. This must be served on the defendant not less than 3 days pre hearing and filled with the court.

 

Refer to link above what is normally claimable , but also don't forget to add any application fees, travelling and parking fees etc and also if time is taken away from employment providing you can disclose a letter from your employer you can also claim up to £90 per day for lost wages.

 

[intree]

Thank you for the information Andy, I can confirm that I will not be claiming for loss of wages but just want to be compensated for the hours of work I completed in dealing with this matter when in fact it should have been resolved and the money refunded in September 2020.

 

I have spent on average over the last two weeks 10 hours a week sorting the documents out, in the time to the claim being submitted and the claim being resent to include my daughter and the venue refusing to deal with me, I had already spent over 20 Hours on preparing the claim, the documents dealing with the issue of re- issuing proceedings and adding my daughter and then a further Research and a further 6 hours in dealing with the defendant.

 

So I propose to claim as follows:

1. 20 Hours Research and issuing of proceedings to Court and defending claim, to add my daughter from 04 September 2020 to January 05 2021.
2. 6 Hours to deal with the matters in relation to the defendant and there DQ and incorrect filing and raising this with the court.
3. 10 Hours per week from 01 June 2021 through to 23 June 2020 in preparing the documents, filing the documents, dealing with all statement issues and calibrating the claim to prepare for the Hearing on 09 July 2021, including 30 minutes to attend that Hearing

I therefore propose to claim as per the guidelines £19.00 per hour for 46 Hours which is a total of £874, I also will list that the defendant owes interest at the rate specified on the claim form at a daily rate together with costs of £105, awarded to me, for him forcing me to add my daughter to the claim.

 

There are also costs associated with the claim issuance and this will be in addition, I will of course send this to the Defendant by recorded delivery on the 5 July 2021 and issue this to the Court by email.

 

I hope that this is on order if there is any mistake or something is not correct please be feel to correct me, I will of course post up the final version on here  on 4 July 2021.

 

Thank you for all your kind support to date, I dont think I could have got this far without your help and guidance and hope that the matter will soon be closed and the refund issued through Court as per the CMA guidelines and the law.

[AndyOrch]

Quote

 I also will list that the defendant owes interest at the rate specified on the claim form at a daily rate together with costs of £105, awarded to me, for him forcing me to add my daughter to the claim.

 

leave the interest due element on debt claim to the court to deal with at judgment...that will be auto added to the judgment ....costs are a separate matter and will be dealt with as so.