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    • GEM CARS REPLY TO THIS EMAIL   Hi Claire   You are obviously upset which we don’t want So I have a couple of solutions below I must say I’m not grumpy or mardy or angry or upset. I’m not trying to have a go or start an argument but your email did sadden me greatly I always work better with people that talk things over rather than going straight for the jugular Anyway I have addressed the comments in your email matter of fact and I have some solutions below My main priority is your happiness with the car and the outcome, but unfortunately I wont be bullied into paying over the odds for a repair You need to appreciate that to fully paint the bonnet is betterment as such its not fair to expect the full amount especially as I have sent you the full amount that we would pay already. As you have already said neither of us needs to be thinking about your stone chips all weekend so hopefully this email will be the last one   If its ok I will address each paragraph one at a time   1; I didn’t deliberately deceive anyone I clearly state that the bonnet has odd stone chips here and there and odd stone chips on the front edge (I’ve just watched my video to be sure) (those are my exact words) (please feel free to double check I’ve left the video up for you) If I had said no stone chips or one or two stone chips (like I have on other videos)  then I would agree with you but I clearly stated (odd stone chips here and there) Exactly how many stone chips would you feel is acceptable on a 10 year old car with 117000 miles on ? My wife’s brand new golf R with 5000 miles on the clock has 6 already   2; You state that its clear I already knew how bad the bonnet was because I asked our valeter, This is untrue because after you called my wife to complain I then asked the valeter if he noticed the bonnet being particularly bad before I called you back as I couldn’t remember it being that bad, Also you asked if you could get a chips away type company to just come and touch them in, I simply said there are 100s of tiny chips and it would be cheaper to paint the bonnet this was just a generalisation not an exact count of the stone chips (as I said I had to ask the valeter if the bonnet was really that bad as I could not remember) Any more than 20 chips would be too many for a chips away type repair I hardly counted all the stone chips During our conversation this is exactly what I said   3; You accuse me of deceiving you when I stated that it costs us £150 plus vat to have a bonnet painted I have sent you the copy of our pricing structure from our paint shop I told you the truth I have no reason to lie feel free to call them on Monday and check for yourself If you see option 1 below and decide to bring it to us I will happily give you a copy of the bill     4; My 18 Minute video was completely honest and I did not try to deceive anyone with the video We have sold over 300 cars off the back of my videos and you are the first person to complain I would ask you did I state in my video that the car had no stone chips? Did I say one or two stone chips? NO I DIDN’T  I clearly stated odd stone chips here and there which is exactly what it has as you would expect. I would add that when you called to complain I kindly sent you the full cost that we pay to have a full bonnet painted I didn’t argue the case as most car dealers would as we pride ourselves on our levels of customer service I simply asked you what you would be happy with as compensation and you said £150 so I sent you £150 instantly to your bank.   5; You state that the car was priced at the higher end of the market for the year and mileage yet on our Car Gurus checker it showed as £400 behind market value When you checked the prices were the other cars you looked at all one lady owner white 5 door cars with full service history (as this makes a huge difference in price) So NO I disagree our car was very fairly priced and not at the higher end The condition of the car was fantastic for a 10 year old 120000 mile car you have said yourself you are happy with it apart from the stone chips on the bonnet so I’m struggling to understand what you mean by alleged condition? If you don’t touch stone chip in, the metal goes rusty so no I disagree you should always touch stone chips in   6; You accuse me of compensating you dishonestly when I simply asked you what would make you happy and you agreed £150 which I sent you straight away I would also add that you negotiated an additional £100 off the car after you had bought it as I kindly paid half the delivery for you. When you purchase items from other stores how often do you get a discount after you have agreed to buy the item? So you actually have £250 towards the stone chips.   7; No disrespect intended by I have already reimbursed you for what would be my full costs     8; I’m unsure what you mean by “Please do not be concerned with regards to a review, as I will not be leaving one until this matter is fully resolved” To me that sounds like bullying and blackmail but I could be misreading it?   Even though I found your email very rude I still have 3 amicable solutions to offer you   1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet.   2; Accept a full refund for the car and we will collect it next week   3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   Sincerely Mark and Gina  
    • Last question for now   Am I claiming for £47 which was my loss since I sold them on ebay, or am I claiming for the full amount of replacing the lost item, which is around £200 for the eqivalent model new, sadly this white version is only available refurbished from the states for around $160 posted.   I am not after making money but unsure how I proceed here?   In an ideal world my sold item is in my posession but
    • Yes..but do it yourself you do not need a Solicitor.   Andy
    • Topic moved to the appropriate forum.......Postal and Delivery Services   Regards   Andy
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Goosedale WEDDING VENUE REFUSING REFUND *** Settled by Tomlin Order***


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Thank you for that advice Andy I will post up the final version before submission to the other side and Court at the relevant times given by the Court and for the costs on the 05 July 2021.

 

 

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while we are dealing with unprofessional and less customer focused Venue managers at Goosedale, we have a number of relatives who have been given options by their Venue management including a FULL UNCONDITIONAL REFUND,  the latest one issued to a relative yesterday has been attached.

 

It is now clear not all venues are being unreasonable, and are helping couples who are in need of the funds to plan for their big day at a alternative arrangement.

 

I must state it is extremely vital you look at the history of the venue dealing with Customers before you hand over your money to them, and only deal with Venues now which provide the assurances and services to give you the correct options and not Force the matter through Court like we are : Goosedale shame on you for trading in such a unprofessional manner.

venue refund from a good business.pdf

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Hi Andy just a quick question if we provide links to the law we rely on for instance do we have to provide paper copies in addition or just the links are sufficient as below, if I provide a working link on the court emailed documents do I also need to provide a printed copy to the Court, I will be emailing all  the papers and the statements to the Court as I don't think I will have them finalised before 23 June earliest so, 

 

https://www.gov.uk/government/publications/wedding-services-coronavirus-covid-19-cancellations-and-refunds/wedding-services-affected-by-covid-19-statement-of-the-cmas-position-on-cancellation-and-refunds

 

https://www.gov.uk/government/news/covid-19-refunds-cma-warns-wedding-firms-over-unfair-practices

 

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/guidance/coronavirus-covid-19-wedding-and-civil-partnership-ceremonies-receptions-and-celebrations

 

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

 

 

Consumer Rights Act 2015: https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

       Unfair Trading Regulations (2008):  https://www.legislation.gov.uk/uksi/2008/1277/contents/made

Frustrated Contracts law: https://www.legislation.gov.uk/ukpga/Geo6/6-7/40

 

 

I assume if I am correct I can send by email before 2pm 24 June 2021 to put in the forum and send  to both the defendants and the  Court, please can I be advised what I do if the defendants do not issue me with their documents by the above date as they have been completely unreasonable to date in their dealing with matters in Court.

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Normally you attach the part of the legislation that you refer/rely to...no need for the full legislation.....but the easier you make it for the judge the better.

 

With regards to the defendant not complying on time with the courts directions......you do not concern yourself......if they fail to file and serve by the dates ordered they are prevented from relying on written evidence....and may only be able to give oral evidence. Furthermore the court can strike out their defence for none compliance with directions. 

We could do with some help from you.

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Thank you Andy I will incorporate the law and the sections of the CMA guidance into the statement and provide links for the Court, I will post up the final version on Thursday here and submit to the Court and defendant by email attaching the documents by the evening - I can confirm that I have condensed down my statement and also made it relevant to the particulars of claim so that I am not wasting the 30 Minutes Hearing I will of course attach  only important facts and documents to confirm my claim for the Refund.

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Hi Andy, Please can I be advised if the WS is in order, I am compiling the list of documents and law, Please can I be advised if this is OK to send to Court I can then prepare the letter for Court to attach and the letter for costs for 46 Hours which I need to send. I anticipate I will have all ready by Thursday evening to send to Court, unless there are any changes I am advised by the Forum.

 

Thank you

W S CAG.pdf

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To be honest its a bit messy and heavy...I was losing interest after point 20 and your final point 26 requires polishing. All the points are there but it requires smoothing and made more reader friendly.

 

 

Intro is good points 1-6 ...but...

 

As a Story...

 

Beginning/background dispute....sets  your stall out.

 

Timeline of events, Mediation etc.

 

Why you had to Litigate 

 

What you will rely on (Legislation links)

 

Conclusion ...what you want the court to order.

 

 

We could do with some help from you.

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I will get this done and posted up as soon as its done either tonight or tomorrow ,  Andy Thank you

 

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Better.....I would still like to see the headings inserted to break the statement up...so looks like the following.

 

Introduction

 

1.  A Contract was signed for a wedding reception for 350 guests for 23 May 2020.  A bank transfer of £7,700 was made on 3 July 2019.

 

Supporting Legislation

 

5.  Under the Consumer Rights Act 2015 and the Unfair Trading Regulations (2008), it is denied the Defendant has a right to countersue or with-hold monies paid for services that have not been provided. The Defendant also is not allowed to penalise or impose penalties for a frustrated contract, when they had failed to provide the services on 23 May 2020, the original signed contract date or a like for like weekend date since that time.

 

Timeline of events and mediation

 

7. On 15 March 2020, due to COVID-19, the UK Government issued restrictions on weddings and events allowing up to 15 people to attend a wedding, no date was set when these restrictions would ease. 

 

 

Conclusion

 

15. We have evidenced above, the numerous times we have tried to settle the matter outside of Court by proving the Contract has been frustrated as the Defendant has not been able to fulfil the agreed service.  We have suffered anxiety and distress over the past 16 months and we ask the Judge to make the Judgment in favour of the Claimants for the amount paid of £7,700 plus interest.  I also wish to claim litigant in person costs of 46 hours spent during the above period.

 

 

Also do not start a paragraph with "  Document 7 – The Defendant letter dated 23 September 2020 (para 2 and 6) accepted the contract had been frustrated but a Court of law would decide the refund 

 

Should read as follows.....

 

14. The Defendant letter dated 23 September 2020 (para 2 and 6) accepted the contract had been frustrated but a Court of law would decide the refund ( See exhibit xx ) 

 

Create a separate sheet headed Index of exhibits and list all the documents referred to by name and  Exhibit number...attach all the documents to that sheet and then enclose that with the statement...3 sets (Court/Defendant/File)

 

Job done.

 

Andy

We could do with some help from you.

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Thank you Andy I will complete this as soon as I can as I need to go through the documents and find two more we need to include ,

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WS Amended.pdf

 

Please see above attached Andy I will get the exhibit sheet completed today hopefully all ready by Friday latest to email to both Court and other side before the deadline. but I am not sure they have sent their copy to the Court as there was no indication in the letter other than stating they have.

 

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14 and 16 start with " Document X " I've highlighted in the above

You will have to mark the legislation links with exhibit numbers or one bulk number and put on the exhibit index list and attach the relevant sections as already discussed. 

We could do with some help from you.

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Understood I will compile all legislation - CMA guidelines and the law into the Document Index and refer to them there, I will provide the links in the document list as opposed to actual copies as I do not wish to change any of the format of the law or legislation when sending printed copies by email, as its easier for the Court and everyone to follow the links, I hope this is acceptable - I anticipate to have everything in order by Friday to submit by email.

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WS Amended as per advice..pdf

 

Hi Andy I refer to the attached, please can you advise I will be able to rectify any issues tomorrow evening now, please   can you confirm if this is in order, as I anticipate to send the documents by email before the deadline on Friday once I have completed all the work as I am in between work and meetings at the moment.

 

exhibit bundle.docx

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Yes that's fine...I've just made a few tweaks above...mostly spacing out was far to bunched so now pushed it to an extra sheet just for signatures.

 

So your daughter must do the same...but obviously her statement will be supporting your claim and what you did.

 

Regards

 

Andy

We could do with some help from you.

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Hello Andy

Thanks for your response above.  Just to be clear does my daughter need to submit a separate Witness statement?  Are we submitting 2 - one for 1st Claimant and one for my daughter?

My daughter is living abroad do we need to write this into the statement, will this have any bearing on the hearing?

Thanks.

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I can confirm that my daughter will be able to join the hearing over the internet if this is permitted, please can you advise does the statement need to be in her words but exactly as mine or just a short one supporting my statement.

 

I have redone the statement and attach this I have added and or removed some parts of the statement, which are relevant and others which did not assist.

WITNESS STATEMENT cag final.pdf

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Im not sure to be honest ..did she receive a Notice of Allocation (N157) with directions ? If not and as joint claimants then its possibly just from yourself on behalf of both of you....but you will have to check.

 

Looking at post #202 which contain the N157 it states each party to submit a statement.....as you redacted the top of the N157 I cant see the claimant's names...I assume your both listed and therefore  yes she must submit one.

 

Yes it can be similar to yours but written as a joinder claimant in support of your claim.....only money is owed to you as main claimant.

 

If she cant attend the hearing she can attach a covering letter and advise pursuant to CPR 27.9.

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

 

 

.

 

 

 

 

 

 

We could do with some help from you.

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Thank you Andy I will confirm the above to my daughter to put in the same witness statement confirming the above, I will post up the final versions of both on my return from work in the evening after I have completed these together with the documents I intend to rely on,

 

 

I will write to the Court when next week and inform them that my daughter is abroad, and can join the link via telephone but if this is not acceptable then I provide Notice as follows with the email and the telephone number which has been requested by the Court by 2 July 2021.

 

I will refer to the below in the email next week, 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

 

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Your daughters statement should concentrate on the fact that she entered the contract and then mirror the details of yours although watered down and what steps were taken in trying to to cancel and request the refund. 

 

It really should be about half the amount of your statement but should emphasis the problems incurred and how the defendant frustrated the procedure. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Andy I will be at work tomorrow from 07.45 until 12pm I will complete and send the documents to Court and the other side after your final approval tomorrow. Thank you

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Hi Andy please can the above be confirmed so they can be submitted to court by 4pm Deadline, if there are an amendments I will sort these out on my return at 12 to 12.15.

 

Thank you

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  • Andyorch changed the title to Goosedale WEDDING VENUE REFUSING REFUND *** Settled by Tomlin Order***

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