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

[AndyOrch]

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. 

[AndyOrch]

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.

 

 

[AndyOrch]

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

[AndyOrch]

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. 

[AndyOrch]

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

[AndyOrch]

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.

 

 

 

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[AndyOrch]

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. 

[AndyOrch]

Yes they are fine.

[AndyOrch]

[AndyOrch]

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

 

 

[AndyOrch]

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

[AndyOrch]

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. 

[AndyOrch]

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

 

 

[AndyOrch]

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

 

PART 27 - THE SMALL CLAIMS TRACK - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[AndyOrch]

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.

[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

[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.  

[AndyOrch]

   and don't forget the hearing fee.

 

 

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[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

[AndyOrch]

Hi intree

 

Just checking in as we have not heard from you for a while.... to see if you have now received the refund and that monies have cleared successfully. ?

 

Andy