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

[intree]

We have a concern regarding the following matters and would be grateful for your advice on how to proceed in this matter.

 

 Wedding Hall Hire, Nottingham - Dry Venue only

Booked 02 April 2019- booked for 350 people

Paid £7700 cash due 

 

Wedding was to be held on Saturday 23rd May 2020.

Venue confirmed cancellation of venue via email however stated that we must take postponement and stated we were not going to get a refund.

 

We told them if a date could not be agreed on then we would need our money back.

They said they could postpone the date but will not provide refund.

the venue refused point blank stating they have incurred costs, but could not explain or state what these costs were (based on our booking). 

 

Payment of £7700 was for the hire of room only.

All other services (catering, decor, DJ and drinks) were paid to external providers who have since who have refunded us our deposits/money paid.

In some cases external providers have accommodated to provide their services on the new wedding date.

 

Following some conversations with the venue, they said the only availability they had was 18th July 2020.

We therefore grudgingly obliged as we were very concerned about the loss of money we would loose if we didn't.

This was agreed on the following; similar amount of guests, full service for what we had paid for and all the amenities that we had signed and paid for. 

18 July 2020. Lockdown was still in force. No one from venue contacted us so did not contact us. 

 

Following this we then rearranged the wedding for Thursday 8th October 2020 (private religious ceremony in accordance to government guidelines), notifying the venue of this change.

The venue confirmed that this was okay (confirmation email available on request).

This agreement was based on the original contract, no changes made (no reduction of guests or services).

 

We now seek for the amount of £7700 now to be refunded as under government guidance, social gatherings/wedding receptions exceeding 30 people are prohibited.

Our contract with the venue was signed and confirmed for services which would no longer be allowed and 350 guests (illegal under COVID policies). 

 

In order to protect our money we have now had to postpone the wedding twice, all to adhere to the venue's availability.

We can no longer go ahead with this as the wedding reception we had agreed upon can no longer be carried out. 

 

It is now 28 August, we still have a wedding reception planned for 350 guests as venue have now ceased contact with us.

venue (last contact made was 17/04/2020) had stated Thursday 8th October was the only date now available to us and repeated no refund will be given.

 

This is extremely unfair as we have now postponed twice to assist them, but they have not made any attempt to help or assist us, we have now no option but to continue with the wedding, but will not be able to use the services of the Venue or Dry Hire of the Hall.

 

venue cancelled in May 2020 and we accepted this cancellation (because of the lockdown), they have since stated it was no a cancellation but we can cancel by all means but still will get NO REFUND.

 

Our concern now is that we have to continue with the wedding as planned (religious ceremony confirmed for October).

venue have point blank refused to (after we moved the wedding day twice to match the venue's availability) to give any of our money back.

We still need to pay for the religious ceremony and are in a difficult financial position as venue is holding onto a large amount of our personal funds.

 

The absence of calls (venue are no longer answering our calls) and other communications have evidently placed a significant amount of anxiety upon ourselves as this is a large amount of money for myself and my family and we struggle with the knowledge of our money being deliberately withheld from us. 

 

Further assistance on this matter would be greatly appreciated,

[intree]

That's correct they have refused to provide any refund since March 2020. 

We have received contact from them this evening requesting an additional £250 "security bond" they have refused to Refund since April 2020

 

This is the first contact we have had from them since April...instead of updating us on the current situation, they are asking for more money! Suggests they have no intention of providing a refund as they originally refused in March 2020. 

 

 

This is their stance since April 2020 despite the fact that we have now postponed twice and it looks like 8 October 2020, which is a Thursday and the only date they would confirm  ( originally booked the venue for a Saturday wedding) they will not refund the money and use the clause above 

 

I can only upload the terms and conditions via copy and paste hence my earlier post, so apologies if that caused confusion and hopefully the post is clearer on our position 

 

 

 

 

 

So this is where we are I did not want to post up their details but I have been left with no choice as they simply don’t care and I really need to get advice to get a refund 

 

 

thank you 

docs1.pdf

[intree]

It was a bank transfer they would not accept credit card 

 

They only accept cash or bank transfer they refused credit cards - we understand that this is problem hence we need to go down the Court route as they just do not care so any advice on this will be greatly appreciated 

[intree]

Letter before claim was delivered on 6 September 2020 by recorded delivery

 

We have not had a response but a call indicating they will not refund.

 

These are their details on Companies house and they are trading still so we cant understand their logic?

 

https://beta.companieshouse.gov.uk/search?q=goosedale

[intree]

I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!

 

Are they not bothered about customers at all, they are prepared to keep money without providing any service at all

 

Its so shameful

[intree]

Particulars of claim :

 

 

Frustration of Contract and Unfair terms in relation to a request of the refund monies paid when no service provided for wedding event on 23/05/2020 as agreed or at any later date up to date of claim or thereafter.

 

1.       On 01/04/2019 we confirmed our booking for 23/05/2020 for 350 guests. Please refer to document titled “Wedding Reception Contract”.  There were no terms and conditions attached nor were they provided to us. 

 

2.       We were pressured into make a full payment of £7,700 to secure the date for 23/05/2020, as the dates would not be guaranteed without a full payment.  Full payment was made on 02/04/2019.

 

3.       On 15/12/2019 we contacted the Events Manager who informed us that she was no longer employed by Goosedale Limited.

 

4.       We made a number of calls but none of these were returned.  We finally made contact with Mrs F on 13/01/2020 to explain that we understand our Events Manager has left and who would be the new Events Manager. 

 

5.       An on-site appointment was made on 20/01/2020 at Goosedale, together with our wedding catering provider but this was double booked and we were seen by the admin officer who had limited information as our wedding plans.

 

6.       On 20/01/2020 after the on-site appointment the new Events Manager, Mr xxxx contacted us he would be the duty manager on the wedding day. 

 

7.       On 21/01/2020 Mr xxxxx sent us the catering pack.

 

8.       On 29/02/2020 we had an on-site meeting with Mr Nick Singh at 10am.

 

9.       On 05/03/2020 Mr xxxxx sent us a summary of the on-site discussion.

 

10.   On 20/03/2020 we emailed Goosedale Limited requesting an update for alternative dates or refunds following Government Guidelines regarding COVID-19.  Mr xxxx responded that Goosedale Limited would be postponing events booked for April and May 2020.  Alternative dates were the only option and no refunds were available.

 

11.   We provided alternative dates none of which were available for Goosedale Limited. They confirmed they had no availability for July 2020 and August 2020 in any of their rooms within their venue.   

 

12.   On 23/03/2020 we requested a full refund as the original wedding date for 23/05/2020 could not go ahead. Mr xxxx confirmed that Goosedale Limited would not be issuing full refunds and attached the Terms and Conditions.  This was the first time we had seen this document. Following his refusal to return the full refund, we offered Goosedale Limited to hold onto out deposit and return the rest of our money until the matter was resolved.

 

13.   In the absence of a response from Mr xxxx, we further emailed him on 26/03/2020 and requested an update. On 27/03/2020, Mr Nick Singh offered us 18/07/2020 for 350 guests which we agreed and received another booking confirmation on 30/03/2020.

 

14.   Due to rise in COVID-19 and the uncertainty with events going ahead in July 2020, on 17/04/2020 we secured an alternative date for 350 guests to take place on 08/10/2020 in line with the original booking. Unfortunately, we have not received a booking confirmation for this event.

 

15.   Wedding venues remained closed until 15/08/2020 and now allow for 30 sit-down guests only.

 

16.   Goosedale Limited have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction.

 

17.   No further communication was received from 17/04/2020 until an email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”.

 

18.   On 04/09/2020, we wrote to Goosedale Limited requesting a full refund.  A Letter before court action was issued giving Goosedale Limited 14 days to refund the money.

 

19.   They received the Letter before Court action on 6/09/2020 in which the request for a refund in full was made, this was sent by recorded delivery which was logged as Received by them and documented the facts to claim a full refund.

 

20.   We have received no communication to the Letter before Court action and have incurred costs up to that date, in trying to resolve the matter.  Goosedale Limited have remained silent on the matter and have no disregard about how this has affected us financially

 

21.   We have been subject to unfair practices under the Consumer Rights Act 2015 as Goosedale Ltd have refused a refund “stating no refunds available under any circumstances”.

 

22.   The CMA issues guidelines on 28 August 2020 (attached) which confirmed that the Contract has become frustrated, and the Terms No Refund are not legal terms to be imposed on customers, who have to cancel due to the COVID.

 

23.   We have tried to be reasonable under the Circumstances including working with the Venue to rearrange dates right up to August 2020 however it has become clear that, the venue can not provide the service we have paid for since 23 May 2020, and they have unreasonably held on to our funds, without providing any service under the Contract.

 

24.   We have no additional contracts with the Venue and they have imposed terms which deny a refund, despite informing them in the Letter before action that we  request a refund of the full amount, this now includes interest from the day the Service was not provided up to the date of Trial, as we have been reasonable throughout the conduct of this matter.

 

25.   We have now had to face additional charges and costs which we will ask the Court to award at the Hearing, we can confirm that we have attempted to resolve this matter amicably since March 2020, but have been met with a blank excuse to deny a refund.

 

26.   The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale Limited are not in a position to provide this service.

Legislation :

 

We have made Goosdale aware of the legislation we will be relying on below, again we have waited for a response and this has not been forthcoming.

 

GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020.

 

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

 

The Consumer Rights Act 2015 Unfair Terms

https://www.legislation.gov.uk/uksi/1999/2083/contents/made

 

The Consumer Contracts Regulations 2014

https://www.legislation.gov.uk/uksi/2013/3134/made

 

[intree]

This is the contract the DJ is relying on to refuse the refund, indicating they can still provide the service and we have cancelled despite the fact that we have no venue, they have threatened to counter sue for the 2500 in addition to the retained deposit.

 

 

T+Cs.pdf

[intree]

Hi BankFodder

 

The marriage was to take place on 23 May 2020, they did not contact us, after the Regulations for Covid restrictions were in place from 15 March, they then stated that no Refund is available, and we can can only have a alternative date, failing which there is no Refund.

 

We have tried our utmost to accommodate the dates they have given however it is no longer possible to keep the venue for 350 people as we have cancelled the wedding and there will be a religious ceremony for 30 persons, accordingly we wrote to them indicating the guidelines from Andy, they have together with the DJ informed us - No refund - take the matter to Court and we will counterclaim for damages.

 

This is where we are at this stage. Hope this clarifies - they only offered alternative dates when we requested the refund as they had postponed all events from May onwards  then stated they are allowed to keep all the money we paid- however the lockdown is still live.

[intree]

39 minutes ago, BankFodder said:

I've only started to look at this. My site team colleague @Andyorch has been dealing with it and is familiar with it. Best to wait until he comes along. However I would say this immediately that your particulars of claim is far too long and there is too much narrative.
I'm afraid most of it can be cut out
 

Oh dear shall we just leave the main points and the law we are relying on as follows:

Below is a timetable of recent key events:

1.      On 20/03/2020 Goosedale advised our original booking for 23/05/2020 had to be postponed in line with Government guidelines. A request for a full refund was disregarded and Goosedale insisted we postpone our event.

2.      Due to our hands being tied as Goosedale held our full £7,700, we reluctantly agreed to post-pone to 18/07/2020.

3.      In line with Government guidelines, wedding venues remained closed on 18/07/2020 therefore a further date was secured for 08/10/2020.

4.      Goosedale have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction.

5.      Since 17/04/2020, we have received one email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”.

6.      The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale are not in a position to provide this service.

 

Please can you advise if this is more appropriate 

 

[intree]

On 19/09/2020 at 15:06, BankFodder said:

In fact I realise that you had originally booked a weekend and they proposed a weekday but without offering a refund.

We have also never seen the terms and conditions until they were asked for a refund in March 2020, they stated they could not offer like for like and there would be no refund despite the fact that we had to move to a Thursday wedding, we have to continue with this date for 30 people alebit at without a reception but they have held our money since April 2019 we are at a total loss.

 

On 19/09/2020 at 15:12, BankFodder said:

Thank you. When you use the word "disregarded" – do you mean that they declined or they simply ignored your request?

Yes they advised no refunds will be given and if we do not postpone we lose the whole amount of 7700

The Dj has now taken the same stance, this is money we can not afford, my daughter is so distraught as she was hoping they would see sense - they just do not care

 

We have a written response where they first postponed the event, then told us nothing is postponed but we can cancel as they are not cancelling and we would get no refund - or we have to postpone and get a alternative date, now lockdown continues and they have disregarded the Letter before claim

[intree]

Based on the CMA guidelines any event before August 28 was deemed to have been cancelled due to a frustrated contract as the venue could not provide the service or offer a suitable alternative, however despite indicating this to the Venue and the DJ they have stated " we will counterclaim" this seems illogical as they can simply not provide the service we have paid for without breaking the law, both in May 2020 and now, so we dont know what they are charging us for?  Can you see our concerns!

 

they did not contact us, however when we contacted them in March to ask if the wedding was to go ahead in May 2020, they advised no they were postponing all weddings, this is when they stated they will not refund and issued us terms and conditions which we have never seen before, indicating that no Refunds can be given, sorry if its confusing 

 

we have it in Writing indicating no refunds can be given and the only thing they can offer is a alternative date, however when we came to make arrangements they could not offer dates which were suitable, but we were advised that there is Strictly no refunds

[intree]

Shall we make this the main focus of the claim and leave all other points as above out BankFodder and shall we link the relevant law as above in post for the claim 

 

I will amend to keep it to just this and remove everything else thank you Sir

 

We will issue this as the claim if this is correct

 

Of Course thank you BankFodder God bless you

 

Agreed we will wait for Andy to reconfirm and just make this the claim

 

thank you again BF

[intree]

Update, they have not responded until after the 14 days and the claim was issued, they are stating they wll not refund and we need to postpone for a further 9 months, and if not they will ask the Court to Decide the outcome, we will now not respond as the claim has been issued

 

Their letter was sent via email - Stating without prejudice and subject to agreement.

 

We are astonished by their behaviour and will now await the Court to decide or their defence to the claim.

[intree]

They must have received the Claim this morning I assume, as it was issued yesterday, today we received the following which does not mention the Claim but gives us 7 days to respond to make alternative arrangements,

 

 They have not responded to the Letter before Claim which was sent until today which was 15 days after they were emailed it and a copy sent by recorded delivery.............

 

No they have not filed a Defence but give us 7 days to agree to postpone into 2021 or make other arrangements, there are no arrangements which will be able to allow them to provide a Service to us as the Wedding is no longer being held for 350 people and there will only be a Religious ceremony

 

This week before the reduction in numbers further to 15 from 30, currently.

 

now we are even more distressed as we just dont know what the hell they are up to, My daughter gets married in three days with just a religious Ceremony for 30 persons, and they want to still keep the money, are they real?

 

the letter of Claim was issued on 4 September 2020, they have not responded to this until after the 15 days

 

the letter they have sent today was by email, this was in response to the above dated letter it was not sent by post but by email to my daughter. They have given us 7 days to respond to their request to postpone the venue for a further 6 or 9 months, they state there will be no Refund

 

the claim was issued online yesterday at 11.59 am - via the online service, they have not responded to the claim as issued.

 

 

[intree]

Hi I have just received this from the Moneyclaim on line 

 

GOOSEDALE LTD T/A GOOSEDALE has rejected your claim.

You need to tell us whether you want to continue with the claim, before 4pm on 9 November 2020.

Sign in to your account to do this: https://www.moneyclaims.service.gov.uk/dashboard

This is an automated email – we can’t respond to replies.

HM Courts & Tribunals Service
Claim number: 164MC057

Telephone: 0300 123 7050
Hours: 9am to 5pm, Monday to Friday
Find out about call charges https://www.gov.uk/call-charges

Email: [email protected]

 

The response they have given is that the Claimant can not bring the claim, this is not right as the money was paid by me, from my account, the contract was signed by my daughter but this is frustrated and in any event they have been in touch with me and been aware of me being party to the agreement, they have rejected the claim on this basis, but we have continued with the claim online

 

The money came out of my account and was paid to them via the contract as my Daughter did not pay for the Venue, they are absolutely disgraceful, if it need be I will reissue the claim in my daughters name and add these costs to that claim too, but they have broken the Contract in any event, and its disgraceful what they are doing instead of issuing a refund

 

Any advice appreciated

[intree]

do I now reissue the claim against them or wait for the Court to issue their decision,

I paid the money from my account and the claim was for my money,

yes the contract was in her name, but they were dealing with me,

 

can I now resubmit the claim again in my daughters name and issue new claim with her name and wait for this one to be considered too.

 

we will wait for the Court to contact us, the claim is live and present our evidence, if this is rejected we will reissue with the my daughters name and also present the claim we issued to the Court, the contract is frustrated, so the money is paid from my account and I have evidence of this coming from my account.

 

Its disgraceful how these Companies can think they will get away with providing no service and take all the money, its more frustrating when then know the law but hide behind it unlike a lay person seeking Justice.

 

there can only be one claimant on the form the rest was described in particulars, hopefully the Judge will see what they are doing, if not we will reissue and add these costs as this claim is valid and they are just buying time, not to pay back money that have been paid in full since 2019

 

164MC057-claim-response (2) - Copy.pdf

[intree]

response from defendant.pdf

Edited October 7, 2020 by intree

[intree]

Thank you

shall I post up the claim too

 

goosedale redacted 1 pdf.pdf

 

THIS WAS THEIR WITHOUT PREJUDICE LETTER i dont care about them now I will post everything

 

this is the claim and i will post up the Letter before claim which they also did not respond to.

164MC057-claim-form-claimant-copy fni.pdf

 

letter before claim

4 September 2020

 

Mr Hayer
Goosedale Farm
Goosedale Lane
Bestwood Village
NOTTINGHAM
NG6 8UJ

Letter before small claims court claim

 

Dear Mr Hayer,

I write in relation to contract reference 3057: venue hire for a wedding reception of 350 guests; a total payment of £7,700. This amount was paid in full by me on 02/04/2019. The contracted event is unable to take place due to current Government guidelines and a full refund is requested.

Below is a timetable of recent key events:

1.      On 20/03/2020 Goosedale advised our original booking for 23/05/2020 had to be postponed in line with Government guidelines. A request for a full refund was refused and Goosedale insisted we postpone our event.

2.      Due to our hands being tied as Goosedale held our full £7,700, we reluctantly agreed to post-pone to 18/07/2020.

3.      In line with Government guidelines, wedding venues remained closed on 18/07/2020 therefore a further date was secured for 08/10/2020.

4.      Goosedale have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction.

5.      Since 17/04/2020, we have received one email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”.

6.      The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale are not in a position to provide this service.

I draw your attention to the following legislations:

·         GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020.

·         The Consumer Rights Act 2015 Unfair Terms - ss.61-76

In line with the detailed legislation and guidance, you are unable to carry out a service that I have paid for; subsequently the contract has been frustrated. Therefore, I request a full refund of £7,700 within the next 14 days.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours sincerely,

 

track and trace for delivery of Letter before claim

Track and Trace - Track your Item _ Royal Mail Ltd.pdf

 

Thank you Bankfodder, I can not understand how a claim could be made by my daughter when the payment went out of my account and I have this evidence, the contract has been frustrated and accepted as such by the idiots in the Without prejudice letter and the claim is valid, my Daughter will attend as witness in any event so let them tell the judge what they want I am sick of them now

 

This is Real money I have saved for years to give my daughter a wedding which we could not now pay for, as they did not refund, we have just has a civil wedding with 6 people on Sunday as we had not received the refund.

[intree]

I will await further advice in any event my daughter will attend as a witness so the Judge can talk to her direct, as lay persons we are not aware of the legal situation, my contract was giving them money from my account and the relevance of them taking it - as far as the contract is concerned it has been frustrated so in any event it does not exist, so to preserve my claim as a lay person I used the best of my judgement, I am not legally qualified hence I am sure a Jude will understand this, but I will await further advice,thank you for your responses to my issues in this matter, I know you are trying to help.

 

 

and thank you Bankfodder I will await your response tomorrow 

[intree]

Thank you all and Especially BankFodder, I will post up the responses to the claim as and when they appear for further advices. (Please can you advise if you can see documents now as for some reason my laptop has not access to certain posts as I have a adblocker attached)

 

Thank you for you reassurance in this most difficult time of ours, we can confirm that once the matter is resolved we will make a donation to the website on a yearly basis, as this site is more valuable than any so called law firm we have ever been too or will go to.

 

Without this website, so many people would be left poorer and unheard, this website is one which is not only a very informative resource but in fact has become a reliable and credible source for me in the past 10 years I have been a member.

 

I thank you all sincerely for this wonderful help you provide and long may it continue to afford justice to the those who have no one else to turn to, against the bad and ugly of this world

 

Kindest regards

[intree]

Thank you Bankfodder

 

i have responded that the matter proceed to Court

 

Directions Questionnaire Online In the County Court Business Centre Online Civil Money Claims Claim number: 164MC057 Issued on: 22 September 2020 - response received 08 October 2020 11.13 am

 

I have informed the Court directions online that I wish the Hearing to take place in Leicester which is my nearest Court, I have also confirmed that two witnesses will need to attend myself with my husband and daughter.

 

We will now await the next stage as confirmed 

 

I will be back on line only when I get a further response as I know you are all busy with other peoples issues too, I do apologise for ranting on sometimes, but its so disheartening to see people treat customers like this.

[intree]

Hi this is Just to Update :

 

 

We’ve transferred your claim to Leicester County Court.

From now on, you should send any forms, letters or other documents to this court and contact them with any questions you have.

Sign in to see the court contact details: https://www.moneyclaims.service.gov.uk/dashboard

This is an automated email – we can’t respond to replies.

HM Courts & Tribunals Service
Claim number: XXXXXXXX

 

We’ve transferred this case from CTSC to Leicester County Court. Reason for the transfer: Judge's order Yours sincerely, District Judge McClure HM Courts & Tribunals Service

[intree]

HI please can anyone advise further as I am not sure if I should add My Daughter to the claim or not, as the defence is purely based and made on me not being party to the Agreement, hence should I now add her by writing to the Court?

 

I am a bit confused after reading all of the above comments? as to which way to take this.

 

All advice appreciated 

[intree]

Thank you Andy

 

I think you are correct it will save a lot of hassle in the long run

 

I propose the following

 

Claim No

Leicester County Court

 

Dear Sir/madam

 

Application notice  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.

 

I wish to add the name of an additional claimant to my name in this matter 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.

 

Application to Strike out Defense 

 

I also now ask the Court to Strike out the Defence of the Defendant and make summary Judgements in favour of the Claimants as noted in the Particulars of the Claim no XXXXXX

 

Kind regards

Mrs XXXX  XXXXXXX

 

Please can this be checked I will then email this to the Court I am not sure what this will cost in addition or if there needs to be two applications, but can I add this as costs to my claim?

 

 

Edited October 13, 2020 by intree
corrections

[intree]

Thank you so much Andyorch and BankFodder

 

I am mindful that I was wrong to not include the name of my daughter in the original claim, but MCOL only allow one claimant, I was also of the opinion (wrong now I know) that the money went from my bank and I have a contract on this basis, they have accepted the payment direct from me to their Business of £7700, hence my claim in my name.

 

I understand they wish to dispute this as per their letter to my daughter above titled Without Prejudice  knowing I was dealing with them all the time, they have refused to refund money for which they have never provided anything, other than grief and where I am incurring further costs to recover my money they have had since April 2019.

 

I am also concerned of the further cost implications, I can confirm my daughter was married in September and a registry took place on 4 October 2020, she will now be moving abroad, however I can confirm I have not been able to give any kind of reception to her as I had no money and my husband is not well, I have had to just do the two ceremonies without any event, this is so distressing as I had saved for my daughters special day since she was 15.

 

Going back to the current situation:

 

I can now either wait for a Hearing date to be set, and present the above and/or hope the Judge will just make the changes free of charge as detailed in the Rules under their own motion to do so. hopefully the Judge will make the order on their own or I if not at that time I can send in the Submission from BankFodder and the approach by Andyorc

 

If this does not happen I can then present the Application above, and the evidence as follows:

 

1. Daughters signed consent to be added to the claim

2. My Invoice and bank statements to the effect that I paid 7700 by BACS transfer to Goosedale accepted payment and this is the Contract with me.

3. The without prejudice letter to my Daughter refusing a refund 

4. The contract which is 2 pages long and was given to my daughter to sign.

 

The only concern I had was that they are just buying time, again and again, and if the Hearing is in 4 weeks, my daughter in any event will not be in the country and I will be representing her at that time, will this be a concern or should I proceed and get the application in, and deal with the matters as they arise.

 

The other concern I have is that they have had the money since 2019, I have been left out of pocket I really do not have any money to continue spending like they want me to as they clearly do not care, they basically dont give a damn as you can see from their responses, they also do not want to mediate or send any evidence to support their defence.

 

So I can wait until the Hearing but then they can continue to change the defence at that time also, which is another 4 to 6 weeks away they will then just prolong the matters, I have sent them a Letter before claim and also been asking for a refund since that time, they have refused stating "without Prejudice" NO.

 

I would be grateful if this can be looked at so that I can approach this correctly from now.