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

[AndyOrch]

Quote

1.  I am the owner of the Defendant business in the above matter.  I make this witness statement in support of the Defendant's defence.

2.  The contents of this Witness Statement are based upon my own personal knowledge unless the contrary appears , in which case the source of my information is provided and contents are true to the best of my knowledge, information and belief.  Attached to the Witness Statement is a bundle of documentation marked as ........

 

Not really a disclaimer...its standard intro response legally sound I would advise anyone to use in response to a claim.It must be the truth though as they will have concluded the statement with a statement of truth and if false they would risk themselves in contempt of court.

 

Andy

[intree]

Noted : Thank you Andy as always for your professionalism and support !

[The GodMother]

Tho if it is found the documents are fake l very much doubt the judge would do anything about the contempt of court. I am yet to hear about small cases having this done to. 

[AndyOrch]

Well thats a matter which must come during the hearing as the defendant will be put to strict proof to prove the authenticity of any document and will be aware of the consequence's if found out.  

[intree]

I am now posting my letter to Court and my LIP costs letter on the forum for advice, I will submit this by 4pm tonight I have to add £100 I paid to add my daughter as the Defendant stated they had no contract with me - Despite taking £7700 in a bank transfer from me and not having a signed contract to send to the Court?

 

Dear Sir/madam

 

Litigant in Person Costs schedule as per Rule 27.5 (part 45.5) for Hearing on 9 July 2021 @ 11.15 am by telephone

 

Please find attached the costs sheet which has been prepared for the Hearing in this matter.

 

We confirm that we have spent a considerable time and resources in trying to resolve this matter with the Defendant as can been seen from our Particulars of Claim, the further issuance of amendments due to the Defendants refusal to deal with the claim and then ignore the relevant legal guidelines.

 

The costs have been for disbursements, legal advice and for research and preparing for the Hearing in line with the Orders from the Court.

 

We have reasonably attempted to deal with the matters, however this has become increasingly difficult given the defendant wanted a Judge to make the Order to refund the money for which nothing has been provided to us since April 2019.

 

We respectfully request that the Judge considers the time and injustice we have had to endure in this matter since March 2020 when the defendant cancelled the event and continued to deny a refund under the Contract or the Law.

 

cag - copy Costs on the small claims track 27.14.pdf

Edited July 7, 2021 by intree

[intree]

All advice appreciated as always, and thank you to the Forum for being here for people like me and my daughter in these very difficult times made worse by them who are supposed to be providing a service then want to keep the money for doing nothing for it!

[intree]

application fee added for N244 £100 to above statement total LIP costs to date £787.80, Please can I be advised if the attached email is ok to send with the costs schedule as confirmed above

[AndyOrch]

   and don't forget the hearing fee.

 

 

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[intree]

Hi Andy was stuck in Traffic, just returned I will send now, I have not included a Hearing Fee Andy? only added the N244 application which comes to the total of £787.80...............I will proceed to submit as detailed here with this added.

 

thank you

 

 

[intree]

just submitted to other side and Court and I removed the ref to Hearing in the cover email Andy.

 

Thank you for your enquiry

We are in unprecedented times due to the impacts of Coronavirus

As a result, it may take us longer to answer you

We will respond as soon as we can

 

 

Thank you for your email to The County Court at Leicester.

 

Please DO NOT duplicate any email sent with a hard copy by post or DX.  If a hard copy is required it will be printed by the Court.

 

 

Dear Sir/madam

Litigant in Person Costs schedule as per Rule 27.5 (part 45.5) for Hearing on 9 July 2021 @ 11.15 am by telephone

Please find attached the costs sheet which has been prepared for the Hearing in this matter.

We confirm that we have spent a considerable amount of time and resources in trying to resolve this matter with the Defendant as can been seen from our Particulars of Claim.  The  further issuance of amendments due to the Defendants refusal to deal with the claim and then ignored the relevant legal guidelines.

The costs incurred are for disbursements, legal advice, research and preparing the claim in line with the Court Oder.

We have reasonably attempted to deal with the matters, however this has become increasingly difficult given the Defendant wanted a Judge to make the Order to refund the money for which no service has been provided to us since payment of monies in April 2019.

We respectfully request that the Judge considers the time and injustice we have had to endure in this matter since March 2020 when the Defendant cancelled the event and continued to deny a refund under the Contract or the Law.

 

Edited July 7, 2021 by intree

[The GodMother]

The hearing fee you can claim back as its standard to. Tho u can ask the judge on the day to add it 

[intree]

Thank you GodMother for that advice

[intree]

Matter resolved unable to post settlement, tomlin Order

 

Thank you to Andy and BankFodder for your help, your doing a great job..to help the people who have no recourse to any other help...….This Forum is a lifeline for justice even though in the end it may not be given in this crazy greedy world, Cursed are those who take money and put people through injustice and greed for their own gain.

 

DO NOT PAY ANY ONE WITH A BACS TRANSFER

IF A VENUE CANCELS - THEY HAVE BREACHED THE LAW UNDER THE CONSUMER RIGHTS ACT 2015

GET INSURANCE TO COVER LEGAL EVENTUALITIES IN YOUR HOUSE INSURANCE ALWAYS

DONT LET THEM BULLY YOU INTO TAKING MONEY WITHOUT PROOF OF WHAT THEY SPENT IN YOUR ARRANGEMENTS

 

LASTLY PLEASE - DONT DEAL WITH COMPANIES LIKE THIS, THE TRUE TEST OF CUSTOMER SERVICE IS IN THE AFTERCARE, WE RECEIVED NOTHING BUT GRIEF AND PAIN...…

[AndyOrch]

Delighted this has been resolved......its been a long slog but we got there in the end.

 

Well done...topic title updated.

Regards

 

Andy

[The GodMother]

I know you say you cant discuss due to order but l hope you have got a fair chunk of your money back and costs. 

Well done for not back down. Hope.your daughter and you are happy with the result. 

[BankFodder]

Thanks for the thanks – but to be clear, I have had absolutely no involvement with this thread since very early on in its life.

All work has been done by my site team colleague @Andyorch

[intree]

Yes Andy has been a great help, but BankFodder assisted with the 3rd party rights etc, in any event I thank everyone who assisted and the Site team.

 

Yes The GodMother, I am happy with the outcome so is My daughter especially considering we will never be using this venue and can spend our money at a decent place with good service.

 

This venue has no regard for couples or their clients - even to the point they wanted us to remove all reference to this matter from the Forum, but were told only the settlement could not be posted - hence it was private.

 

 If the Venue was a good one they would have not put us through this - in the end we will never use such clowns and we have informed all our relatives too, we have just advised all our relatives who were considering this venue to look elsewhere!!

 

 

DONT GIVE YOUR MONEY TO VENUES WHO HAVE NOT ASSISTED OTHERS IN THE COVID DIFFICULTIES - THIS IS ONE OF THEM BE WARNED !!

 

 

Edited July 9, 2021 by intree
correction

[BazzaS]

I suspect they don’t want the settlement to be public to discourage others:

a) from not using them, and

b) from being willing to go to court in similar circumstances.

 

For me, I’d take them wanting to keep it quiet;

for a) as even more reason not to use that firm not more likely I would!, and

b) as more reason to be willing to go to court : if the outcome  was so good for them they wouldn’t want it to be kept quiet.

 

Streisand effect, too. I hope lots of people find this thread ……. Did I mention Goosedale Wedding venue??

Edited July 9, 2021 by BazzaS

[intree]

Thank you BazzaS we completely agree, there are a few things which matter to Customers especially after the Covid situation:

 

1. How a business deals with them if things go wrong.
2. How honest the business is and the people you are dealing with 
3. how the business treat their clients - including but not limited to - trying to deny a refund to customers under the Law
4. Making personal gain more valuable to their business than human morals or customer care
5. Lastly Hiding behind Barristers and Tomlin orders to prevent others from knowing what the truth is.

 

Be CAREFUL WHERE YOU SPEND YOUR MONEY it is very easy to spend it with clowns who have no care in the world but for money!

[The GodMother]

Customer service is important any time but yes after all this it is. 

 

I am glad you won have a nice celebration tonight u deserve it 

[intree]

Thank you all for your support.

 

We will of course keep the thread updated as and when the matter is closed and the payment is duly made, or for further legal advice as the case may be.

 

Lastly please can the Forum advise how a Court issues a Tomlin Order and what the procedure should be, with regards a Litigant in Person.

 

[BazzaS]

The court doesn’t issue a Tomlin order but merely notes it has been agreed*, in association with the claim being discontinued.

 

* There are, as ever, exceptions, such as if one of the parties doesn’t have capacity, such as the case being on behalf of a minor, where the court can order the Tomlin order must be approved by the court on the minor’s behalf.

 

So, the business gets a TO drafted.

there is the order itself, which becomes public as part of the court record.

There can be a Schedule which can be confidential (so, the public record says “the Schedule” but without giving the details!).

 

You then review the Order, and schedule, and if you and the Defendant agree, this becomes a new contract. The existing court case is stayed.

 

Your protection comes from the fact that it creates a new contract. If they breach the new contract (e.g by not paying what they said), you have a slam dunk action for breach of contract (rather than having to restart the initial court action).

 

If they provide you with an initial draft of the Tomlin Order / Consent Order (the terms can be used interchangeably) and associated Schedule that is so convoluted that you’d need legal advice to decide if you can accept it, tell them that’s what you need to do (& make them agree to pay for it!), or tell them to come up with a simpler draft Consent order.

[intree]

Thank you BazzaS, I have noted everything, The Tomlin order was made to keep the matters confidential and the final sum, I will not agree to anything else, I had no advice or legal assistance as you confirm and I need to know what I am signing, they can not force me to sign a Tomlin Order which they draft up which is not what the Court order agreed, I have noted the two points and have requested the Transcript of the proceedings should they wish to veer away from what was agreed.

 

I can see how vulnerable LIP are treated by these companies, it does not assist when you have non legal knowledge as I am taking all my advice from this great Forum.

 

Thank you again

[BazzaS]

The court shouldn’t have ordered anything yet, surely, (as you haven’t agreed the draft Tomlin Order is accepted yet, have you?)

 

Re: ‘transcript of proceedings’ : do you mean court hearing proceedings? (Have there been any in court??), or the mediator’s notes (which can’t be used in open court).

 

If the draft Tomlin Order doesn’t get agreed by both parties it shouldn’t go to the court - it’d become “mediation failed” and the stay on the case gets removed.

the TO only goes to the court once both parties agree the draft (since it is a ‘Consent order’, both parties have to consent it is acceptable!)

Edited July 10, 2021 by BazzaS

[intree]

They made a complaint to the Judge that we were posting on the forum, the judge stated the Tomlin order is confidential, we agreed to this and will not disclose the settlement, they may try and impose other conditions are we at liberty to go back to Court to highlight this to the court if they do this???

 

 Also they sent into Court 90 pages of documents which they never sent to us at all, then stated they did, is this allowed (clearly it is a injustice as we were ignored when we raised this twice) again we asked for the transcript and this was denied, only to be released if they make no payment.