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

[intree]

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 !

[intree]

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. 

[intree]

Noted : Thank you Andy as always for your professionalism and support !

[intree]

I am now posting my letter to Court and my LIP costs letter on the forum for advice, I will submit this by 4pm tonight I have to add £100 I paid to add my daughter as the Defendant stated they had no contract with me - Despite taking £7700 in a bank transfer from me and not having a signed contract to send to the Court?

 

Dear Sir/madam

 

Litigant in Person Costs schedule as per Rule 27.5 (part 45.5) for Hearing on 9 July 2021 @ 11.15 am by telephone

 

Please find attached the costs sheet which has been prepared for the Hearing in this matter.

 

We confirm that we have spent a considerable time and resources in trying to resolve this matter with the Defendant as can been seen from our Particulars of Claim, the further issuance of amendments due to the Defendants refusal to deal with the claim and then ignore the relevant legal guidelines.

 

The costs have been for disbursements, legal advice and for research and preparing for the Hearing in line with the Orders from the Court.

 

We have reasonably attempted to deal with the matters, however this has become increasingly difficult given the defendant wanted a Judge to make the Order to refund the money for which nothing has been provided to us since April 2019.

 

We respectfully request that the Judge considers the time and injustice we have had to endure in this matter since March 2020 when the defendant cancelled the event and continued to deny a refund under the Contract or the Law.

 

cag - copy Costs on the small claims track 27.14.pdf

Edited July 7, 2021 by intree

[intree]

All advice appreciated as always, and thank you to the Forum for being here for people like me and my daughter in these very difficult times made worse by them who are supposed to be providing a service then want to keep the money for doing nothing for it!

[intree]

application fee added for N244 £100 to above statement total LIP costs to date £787.80, Please can I be advised if the attached email is ok to send with the costs schedule as confirmed above

[intree]

Hi Andy was stuck in Traffic, just returned I will send now, I have not included a Hearing Fee Andy? only added the N244 application which comes to the total of £787.80...............I will proceed to submit as detailed here with this added.

 

thank you

 

 

[intree]

just submitted to other side and Court and I removed the ref to Hearing in the cover email Andy.

 

Thank you for your enquiry

We are in unprecedented times due to the impacts of Coronavirus

As a result, it may take us longer to answer you

We will respond as soon as we can

 

 

Thank you for your email to The County Court at Leicester.

 

Please DO NOT duplicate any email sent with a hard copy by post or DX.  If a hard copy is required it will be printed by the Court.

 

 

Dear Sir/madam

Litigant in Person Costs schedule as per Rule 27.5 (part 45.5) for Hearing on 9 July 2021 @ 11.15 am by telephone

Please find attached the costs sheet which has been prepared for the Hearing in this matter.

We confirm that we have spent a considerable amount of time and resources in trying to resolve this matter with the Defendant as can been seen from our Particulars of Claim.  The  further issuance of amendments due to the Defendants refusal to deal with the claim and then ignored the relevant legal guidelines.

The costs incurred are for disbursements, legal advice, research and preparing the claim in line with the Court Oder.

We have reasonably attempted to deal with the matters, however this has become increasingly difficult given the Defendant wanted a Judge to make the Order to refund the money for which no service has been provided to us since payment of monies in April 2019.

We respectfully request that the Judge considers the time and injustice we have had to endure in this matter since March 2020 when the Defendant cancelled the event and continued to deny a refund under the Contract or the Law.

 

Edited July 7, 2021 by intree

[intree]

Thank you GodMother for that advice

[intree]

Matter resolved unable to post settlement, tomlin Order

 

Thank you to Andy and BankFodder for your help, your doing a great job..to help the people who have no recourse to any other help...….This Forum is a lifeline for justice even though in the end it may not be given in this crazy greedy world, Cursed are those who take money and put people through injustice and greed for their own gain.

 

DO NOT PAY ANY ONE WITH A BACS TRANSFER

IF A VENUE CANCELS - THEY HAVE BREACHED THE LAW UNDER THE CONSUMER RIGHTS ACT 2015

GET INSURANCE TO COVER LEGAL EVENTUALITIES IN YOUR HOUSE INSURANCE ALWAYS

DONT LET THEM BULLY YOU INTO TAKING MONEY WITHOUT PROOF OF WHAT THEY SPENT IN YOUR ARRANGEMENTS

 

LASTLY PLEASE - DONT DEAL WITH COMPANIES LIKE THIS, THE TRUE TEST OF CUSTOMER SERVICE IS IN THE AFTERCARE, WE RECEIVED NOTHING BUT GRIEF AND PAIN...…

[intree]

Yes Andy has been a great help, but BankFodder assisted with the 3rd party rights etc, in any event I thank everyone who assisted and the Site team.

 

Yes The GodMother, I am happy with the outcome so is My daughter especially considering we will never be using this venue and can spend our money at a decent place with good service.

 

This venue has no regard for couples or their clients - even to the point they wanted us to remove all reference to this matter from the Forum, but were told only the settlement could not be posted - hence it was private.

 

 If the Venue was a good one they would have not put us through this - in the end we will never use such clowns and we have informed all our relatives too, we have just advised all our relatives who were considering this venue to look elsewhere!!

 

 

DONT GIVE YOUR MONEY TO VENUES WHO HAVE NOT ASSISTED OTHERS IN THE COVID DIFFICULTIES - THIS IS ONE OF THEM BE WARNED !!

 

 

Edited July 9, 2021 by intree
correction

[intree]

Thank you BazzaS we completely agree, there are a few things which matter to Customers especially after the Covid situation:

 

1. How a business deals with them if things go wrong.
2. How honest the business is and the people you are dealing with 
3. how the business treat their clients - including but not limited to - trying to deny a refund to customers under the Law
4. Making personal gain more valuable to their business than human morals or customer care
5. Lastly Hiding behind Barristers and Tomlin orders to prevent others from knowing what the truth is.

 

Be CAREFUL WHERE YOU SPEND YOUR MONEY it is very easy to spend it with clowns who have no care in the world but for money!

[intree]

Thank you all for your support.

 

We will of course keep the thread updated as and when the matter is closed and the payment is duly made, or for further legal advice as the case may be.

 

Lastly please can the Forum advise how a Court issues a Tomlin Order and what the procedure should be, with regards a Litigant in Person.

 

[intree]

Thank you BazzaS, I have noted everything, The Tomlin order was made to keep the matters confidential and the final sum, I will not agree to anything else, I had no advice or legal assistance as you confirm and I need to know what I am signing, they can not force me to sign a Tomlin Order which they draft up which is not what the Court order agreed, I have noted the two points and have requested the Transcript of the proceedings should they wish to veer away from what was agreed.

 

I can see how vulnerable LIP are treated by these companies, it does not assist when you have non legal knowledge as I am taking all my advice from this great Forum.

 

Thank you again

[intree]

They made a complaint to the Judge that we were posting on the forum, the judge stated the Tomlin order is confidential, we agreed to this and will not disclose the settlement, they may try and impose other conditions are we at liberty to go back to Court to highlight this to the court if they do this???

 

 Also they sent into Court 90 pages of documents which they never sent to us at all, then stated they did, is this allowed (clearly it is a injustice as we were ignored when we raised this twice) again we asked for the transcript and this was denied, only to be released if they make no payment.

[intree]

A) No we attended a directions hearing at which we were told try and reach a settlement, which the other side gave figures and we were advised to settle.

 

B) The Deputy Judge confirmed the matter was resolved by a Tomlin order and the two points were confirmed to us which were   £0000 FIGURE AND THE CONFIDENIALITY

 

C)we have nothing else and left the hearing just as confused as yourself, and posted up here as we had just about had enough.

 

D) Court gave them 21 days to make payment then commended them for settling????

 

We are just as confused !! Is this Justice

[intree]

we dont know what justice means anymore thats the honest truth!!

 

Any advice appreciated as confirmed we have agreed in the Court to Settle as above, agreed in front of the Deputy District Judge at the Hearing,  but also confirm that we had no knowledge of what a Tomlin order was and it appears The Judge agreed to the two terms and the payment within 21 days, but we will now await the Order, the Transcript was requested for the telephone hearing he advised it was recorded, but also confirmed we could not record or make notes etc, hence the request for the Transcript ! 

 

 

[intree]

On 10/07/2021 at 09:50, BazzaS said:

I am confused.

 

Did you agree (in front of the DJ, at the directions hearing) the terms of the Consent Order (the order and any Schedule). Yes No schedule the order was as above - which were the 1) figure 2)confidentiality and 3)payment by

30/07

If so,  has the case been dismissed, or more likely stayed as long as the TO us complied with? he stated if they dont pay by the agreed date they will get a judgement against them

 

If the latter, the company’s options are:

a) pay up, or

b) believe that the term(s) of the TO have been breached, they don’t pay,

 

 

 

i NEVER POSTED anything up yesterday as I was told its confidential, but I am advised I can take advice and this is not illegal or breaking the terms of the Tomlin order is this correct can I post these matters here

 

Edited August 23, 2021 by dx100uk
formatting

[intree]

Please can any posts which contravene the Confidentiality be removed as I dont want another issue to be raised by them, when all I trying to understand how the process works, and seek legal advice from the Forum.

 

Thank you

 

[intree]

Thank you so much BazzaS I will wait for them to contact me then advise the above to them.

 

can they force me to remove these postings on the Forum as this is what they wanted the order to state, but this was not made, the only two items agreed were the confidentiality and the payment by date, the rest it appears they will try and include this, I will of course seek legal advice here.

 

I will of course await further advice from all members as before before I respond to any letters from them as I have no legal advice and this forum is my main advisor, in this matter to date.

 

Edited July 10, 2021 by intree

[intree]

Thank you BazzaS I will let them write to me and wait for the Order from the Court and raise the above.

 

I expect the Court to confirm this and then the payment to be made by the date agreed, so until i get the Order I have no formal understanding of what they confirmed as to the points raised I will of course seek further legal advice and keep the Tomlin order confidential and not disclose these.

 

 

Edited July 10, 2021 by intree

[intree]

Thank you so much BazzaS now I feel a bit more relaxed and confident to take this further if need be, I will wait for all advice, I will take further legal advice from the Forum as this matter is concerning to say the least, Now that I understand what a Tomlin Order is and as detailed by you BazzaS, thank you so much.

 

if they pay up as agreed the matter is closed if not then we will take further advice and post up what if any Order we get from the Court, we agree that the Court order is a public record.

[intree]

Thank you so Much BazzaS and BankFodder I am reading everything we have agreed to settle and if they wish to impose new terms into what we thought was what the Judge agreed in front of us then we will be back in the forum as we are just as dismayed as to the whole matter as the Forum.

 

The Defendant has been represented since January 2021 they state by DFW and had a barrister at the hearing yesterday, so they are represented even though he admitted documents himself, he was also very rude to me and condescending and the Jude said nothing at all, we are again concerned but just want to close the matter and move on if they allow us to now!!

[intree]

3 minutes ago, BankFodder said:

Not quite sure what this means – but certainly you must not discuss any of the details of the settlement. Simply the logistics of preparing the Tomlin order.

If I have inadvertently posted anything which contravenes this please can this be removed as I am just trying to understand what a Tomlin Order is and how this has been actioned by the Court?

[intree]

Thank you BankFodder and BazzaS I will write up and then post the email as advised by BF to the other side here tomorrow and send this to them on Monday on the following lines, unless you ask me to change which I will 

 

I would suggest that you email the other side immediately and tell them that you are preparing to set out what you believe has been agreed and you are alerting them to the fact that they will probably receive this next week on, say, Tuesday and that you look forward to receiving the same thing from them so that you can hammer out the basis of the Tomlin order.

 

Dear XXXXXXXXXXXXXXXX

your client ;

 

We refer to the Tomlin Order and have now obtained advice in this matter,

1.  can confirm that the contents of the Tomlin order will remain Confidential at all Times
2. The Order of the Court is a Public document as the Hearing was recorded and a transcript available
3. You will pay the Sum agreed within 21 Days.
4. Failure to pay the amount at the agreed time will then make the claim live again and will will proceed to Court
5. Costs we incur in addition to raising the matter and dealing with this claim be claimed in addition.
6. We do not and have not agreed to any further matters unless mentioned here.

 

Finally we confirm that these are the only terms we agreed at the Hearing and based on the legal advice obtained we hope that the matter is now closed and concluded, we can also confirm that we may need to seek further legal advice and or Court directions if we are unable to agree to the Tomlin order as made, we ask that if you wish this legal advice to be private then you pay for independent legal advice as we are litigants in person and in any event we are obliged to save costs and time and proceed to obtain advice from the Consumer Action Group who are our legal advisors and you are aware of them fully.

 

We await your settlement and confirmation of the above, if the matter is not resolved within the times allowed we reserve the right to proceed to Court and the full hearing for which we will have to now incur costs, however we hope this matter will not be complicated by you or your clients further.

 

We expect a response to the above and payment within the time allowed failing which we will remove our consent to the Tomlin Order as we could not agree a way forward.

 

kind regards

 

Claimants