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


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Thank you Andy I will make the submissions as soon as I can, after my meetings on skype as I am working from home now until 3.00pm 

 

Your assistance is greatly appreciated.

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Hi Andy Documents have been served in the County Court Leicester, Goosedale and Their representative 

 

I attach the confirmation from the Court, we will not be posting the documents to save costs and have indicated this on the Service of the documents. I thank you for your support and will keep you updated over the next few weeks.

 

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Hi Andy I have sent a  PM as its sensitive, I hope it assists you and the forum and people in a similar position with venues.

 

 

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Hi Andy I am going to send the below to the Court for the emails and contact numbers I just need to run it past you, in regards the contents please can you confirm this is ok so I can submit before 02 July 2021 to court and defendants.

 

Dear Sir/madam

 

Please find attached the email addresses and the Contact numbers for the

 

1st Claimant tel  0000000

Email  :

2nd Claimant  tel 000000

Email

 

We are to join the Hearing at the times specified in the Court order on July 9 2021, for 10 minutes before the Hearing.

 

Please note - 2nd Claimant 

 

The 2nd Claimant is currently out of the County and in order to proceed with Hearing and in line with the order, she will join the Hearing from abroad if this is allowed, if this is not allowed or there are problems connecting from abroad, due to telecom or connection issues, then she wishes to inform parties that her evidence will be that as submitted to the Court and the Defendant and his legal team at DWF.

 

I refer to the below:

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.

 

Thank you

First Claimant

Second Claimant 

 

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Fine....but you don't have to include the wording of CPR 27.9.....I would suggest the following :-

 

Please note - 2nd Claimant 

 

The 2nd Claimant is currently out of the County and in order to proceed with Hearing and in line with the order, she will join the Hearing from abroad if this is allowed, if this is not allowed or there are problems connecting from abroad, due to telecom or connection issues, then she wishes to request permission of the court and inform parties that her evidence will be considered as submitted to the Court and the Defendant and his legal team at DWF pursuant to CPR 27.9

 

 

Make sure you follow the process (a/b/c) above by date

 

 

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Dear Sir/madam

 

 

I will send this Andy tomorrow morning 09.00 am if its confirmed as OK by you,  thank you

 

Dear Sir/madam

 

Please find attached the email addresses and the Contact numbers for the

 

1st Claimant tel  0000000

Email  :

2nd Claimant  tel 000000

Email

 

We are to join the Hearing at the times specified in the Court order on July 9 2021, for 10 minutes before the Hearing.

 

Please note - 2nd Claimant 

 

The 2nd Claimant is currently out of the County and in order to proceed with Hearing and in line with the order, she will join the Hearing from abroad if this is allowed, if this is not allowed or there are problems connecting from abroad, due to telecom or connection issues, then she wishes to request permission of the court and inform parties that her evidence will be considered as submitted to the Court and the Defendant and his legal team at DWF pursuant to CPR 27.9

 

Thank you

 

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And I assume you have Claimant/s x v Defendant x Claim number in the header ?  

We could do with some help from you.

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Yes of course Andy I just put up the main body, on the forum to save me redacting it,  but thank you for your reminder, as always you have helped me so much I am grateful to the Forum and the advices to have got this far.

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Dont forget to always attach as proof of postage to every document served on the defendant/Solicitor...as some try to say they have never received them and try to manipulate with the court for costs. 

We could do with some help from you.

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So you are aware ...read the following link...this is the company that are allegedly representing the defendant in your claim.

 

 

We could do with some help from you.

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Hi I will start preparing for LIP costs for the time I have had to spend in claiming for this matter, please can I be directed to the relevant law and the principles of what is and is not allowed, I do not intend to claim the £90 per day, and would like to keep it simple and in line with the 19.00 per hour, but I am not sure of the layout and what documents I need to send with the costs statement.

 

Do I need to send all the  contact with Court and the orders or just issue the dates and time spent including on writing to the other side and to the Court about the claim and the applications, I have to date now spent over 46 Hours on this matter including time on the Forum for advice and my own research for the claim.

 

On Friday when the Hearing takes place and any other work in addition to this is still to be added to the above, I am mindful of keeping costs to a minimum for fairness and proportionality but do want to claim for everything as I have been forced to take this to the court, when the defendants own contract allowed a refund, if they Varied/postpones the contract under their own clause of 5.1 and they misled us to believe we can not have this right up to the Court Hearing.

 

Thank you

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Costs in the small claim track are legislated pursuant to CPR 27.14.

 

 

We could do with some help from you.

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Posted (edited)

Thank you Andy I will prepare as confirmed to post up on Monday, I am not sure what evidence I need to include, so would be grateful if I could be advised or just list the dates and times I spent on each part of the claim from Letter before claim to the Heating - by date - Ref and number of hours spent - will this be sufficient ?

 

Thank you for the Link to BankFodder I will read through this on Monday on my return and hope to post up on Forum by Tuesday or Wednesday.

Edited by intree
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No evidence required. Simply a statement of what was done what time did it incur and the cost charged.

 

When claiming costs in Fast Track you would normally ask for your costs to be assessed and use form N260.

Here is the form to give you an idea.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958041/n260-eng.pdf

 

But your in Small claims track and as such costs are fixed therefore Summary Assessment is not usually adopted.

 

Under Part 27 of the Civil Procedure Rules that govern civil disputes, the court will rarely make an order for the losing party to pay sums in respect of the winning party's 'costs, fees and expenses', e.g. legal fees. There are exceptions to the general rule however which allow the court discretion to make an award for:

 

The fixed costs attributable to issuing the claim;

Court fees paid by the issuing party;

Travel and accommodation expenses which a witness reasonably incurs in attending a hearing;

Fees incurred in the instruction of an expert to attend the hearing (limited to £200).

 

To assist the judge in calculating awards of costs, Part 45 of the Civil Procedure Rules sets out a number of tables detailing what costs can be recovered by a successful party litigating on the Small Claims Track. These tables can be found on the justice.gov.uk website and vary according to the status, judgment and enforcement of the claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

 

Costs orders for a losing party to pay the winning party's legal costs are therefore very unusual. On the Small Claims Track, parties are expected to bear their own costs, even if they pursue a successful claim.

 

As a caveat to the general rules on costs, it must be stated that if a party brings an unreasonable small claim that obviously fails, or defends a claim by acting unreasonably and subsequently loses, the court has discretion to make a punitive order for that party to pay the other side's costs.

We could do with some help from you.

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Please can the Forum advice if a defendant in his witness statement makes the following statement as a disclaimer in the first two paragraphs 

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 ........

 

The defendant has then gone on to change the facts, miss out important facts and documents including by lying to the Court, he has also denied us the original Contract and made up a new contract, which has never been seen by us or signed by anyone party to the Contract.

 

He then goes on to totally ignore the claim particulars we have raised since March 2020 and changed the timeline of events and submitted documents to support only his version.

 

He has then gone on and stated we cancelled the event when it was the Venue which cancelled this so again untruthful and he has made up things to gain from the claim - this is wholly against the principles of Justice and we wish to draw this to the attention of the Judge, we have concluded our witness statements and with help from Andy also prepared for the case, but we wish to put this into the Forum as this behaviour of the Defendant is further supported by a LAW firm DWF which has been mentioned on the forum now a number of times.

 

 

We have been put through 15 Months of lies and hell by this defendant and now he is lying to the Court and this is the kind of behaviour that makes people ill and these people simply do not give a damn, without this forum where would we be?

 

Any advice appreciated as I am at this stage of the matter so angry that this type of injustice continues in this day and age!

 

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If he has produced a contract which is not signed then it could be argued that this is not the correct contract. 

What you say is facts might not be to them. So they have a right in challenging them and giving there own facts.  This is not saying either of you are right or wrong. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Posted (edited)

Thank you for that clarification GodMother, its incredible how they can just make up facts and documents and leave out others which they should have included and confirm the true facts, its not that we dont agree they should have their own version but surely their version must be actual copies and documents and signed contracts, (which they do not disclose or have as they were never signed or agreed), but lets hope that Judge will see through their actions to date, and Justice is served.

 

I had thought that they would need to have all documents not select ones they feel supports only their version of their defence and/or make up their defence when they never were part of the discussions,  However, we have confirmed in our statement and included the actual full copies of the emails they did not disclose, which shows the full facts in the matter.

Edited by intree
correction
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They could argue a unsigned contract was a second copy held.

I know when credit agreements were signed and sent buy post they would say sign both copy's and keep one then send one back to us. How many ppl actually sign the copy the kept. Tho it would be the same copy. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thank you altosbestos, I thought so, its this Friday 9 July, but they have made up facts  in the defence so its looks like we agreed a new contract (they cancelled and postponed in March 2020 and refused a refund) and have not supplied any documents or a signed contract to vary they terms and conditions or agree to anything, only two emails, which they have supposedly sent to us.

 

 

Their legal representatives DWF have submitted the documents and what concerns us is that these law firms are taking the mockery out of the Justice system and abusing the Court process for their own and their greedy clients, where the general public is then forced to go to Court to get the money back or

 

- this clown wants a 75% cancellation fee:  for postponing the event when they could not perform the contract,when they confirmed the postponement/cancellation of the event and then forced us to postponed the event from  March 2020, at that time he misled us as he informed us that he was within the law to refuse a Refund - he lied in the defence and stated we never asked for a refund in March again untrue,  stated we changed the contract, all of course not truthful and no documents submitted to us or court to confirm this at all.

 

 

I can confirm we have put them to strict proof but we wanted to highlight what is going on as the Forum needs to know this is happening and we have been put through the hoops by this defendant since March 2020, as can be seen from threads,  the defendant then signed up the witness statement as truthful, its shocking!

 

Its just unbelievable 

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Oh and they only have to produce documents that THEY intend to rely on.

The have a copy of your documents and comment during the hearing from there on them.

Why would they produce documents they dont want or have nothing they want to use on them. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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12 minutes ago, The GodMother said:

They could argue a unsigned contract was a second copy held.

I know when credit agreements were signed and sent buy post they would say sign both copy's and keep one then send one back to us. How many ppl actually sign the copy the kept. Tho it would be the same copy. 

 

We have no copies of any signed Contract they have submitted to us from 2019 or at all !

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So you dont have the original contract that should have been signed on booking. 

 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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No we were never provided with a document which was signed and they have none as we never signed one the only agreement we has was in meetings in 2019 and we paid them the money and they sent a confirmation in 2019 stating contract on top left, thats all, they have now added new figures to the same document and stated this is the new contract, but this again was for 350 guests, they can never give the service for such in any event. 

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

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