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

[intree]

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.

[intree]

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

[intree]

Quote

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

 

[intree]

amended WS - Please can you confirm if this is OK Andy, thanksWS Amended as per advice..docx

[intree]

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 ,

[intree]

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.

 

[intree]

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.

[intree]

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

[intree]

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.

[intree]

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

[intree]

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.

 

[intree]

Hi Andy I have just scanned the documents, I am thinking of sending the attached I include the documents . I will prepare and send the finals and post these up tonight if I am advised further as I have just got back home at 5.30 and did these .

WITNESS STATEMENT 1.pdf WITNESS STATEMENT 2.pdf

[intree]

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

[intree]

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

[intree]

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.

[intree]

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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[intree]

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.

 

 

[intree]

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 

 

[intree]

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

 

[intree]

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.

[intree]

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

[intree]

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 July 2, 2021 by intree

[intree]

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!

 

[intree]

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 July 5, 2021 by intree
correction

[intree]

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