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Goosedale WEDDING VENUE REFUSING REFUND


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We have a concern regarding the following matters and would be grateful for your advice on how to proceed in this matter.

 

 Wedding Hall Hire, Nottingham - Dry Venue only

Booked 02 April 2019- booked for 350 people

Paid £7700 cash due 

 

Wedding was to be held on Saturday 23rd May 2020.

Venue confirmed cancellation of venue via email however stated that we must take postponement and stated we were not going to get a refund.

 

We told them if a date could not be agreed on then we would need our money back.

They said they could postpone the date but will not provide refund.

the venue refused point blank stating they have incurred costs, but could not explain or state what these costs were (based on our booking). 

 

Payment of £7700 was for the hire of room only.

All other services (catering, decor, DJ and drinks) were paid to external providers who have since who have refunded us our deposits/money paid.

In some cases external providers have accommodated to provide their services on the new wedding date.

 

Following some conversations with the venue, they said the only availability they had was 18th July 2020.

We therefore grudgingly obliged as we were very concerned about the loss of money we would loose if we didn't.

This was agreed on the following; similar amount of guests, full service for what we had paid for and all the amenities that we had signed and paid for. 

18 July 2020. Lockdown was still in force. No one from venue contacted us so did not contact us. 

 

Following this we then rearranged the wedding for Thursday 8th October 2020 (private religious ceremony in accordance to government guidelines), notifying the venue of this change.

The venue confirmed that this was okay (confirmation email available on request).

This agreement was based on the original contract, no changes made (no reduction of guests or services).

 

We now seek for the amount of £7700 now to be refunded as under government guidance, social gatherings/wedding receptions exceeding 30 people are prohibited.

Our contract with the venue was signed and confirmed for services which would no longer be allowed and 350 guests (illegal under COVID policies). 

 

In order to protect our money we have now had to postpone the wedding twice, all to adhere to the venue's availability.

We can no longer go ahead with this as the wedding reception we had agreed upon can no longer be carried out. 

 

It is now 28 August, we still have a wedding reception planned for 350 guests as venue have now ceased contact with us.

venue (last contact made was 17/04/2020) had stated Thursday 8th October was the only date now available to us and repeated no refund will be given.

 

This is extremely unfair as we have now postponed twice to assist them, but they have not made any attempt to help or assist us, we have now no option but to continue with the wedding, but will not be able to use the services of the Venue or Dry Hire of the Hall.

 

venue cancelled in May 2020 and we accepted this cancellation (because of the lockdown), they have since stated it was no a cancellation but we can cancel by all means but still will get NO REFUND.

 

Our concern now is that we have to continue with the wedding as planned (religious ceremony confirmed for October).

venue have point blank refused to (after we moved the wedding day twice to match the venue's availability) to give any of our money back.

We still need to pay for the religious ceremony and are in a difficult financial position as venue is holding onto a large amount of our personal funds.

 

The absence of calls (venue are no longer answering our calls) and other communications have evidently placed a significant amount of anxiety upon ourselves as this is a large amount of money for myself and my family and we struggle with the knowledge of our money being deliberately withheld from us. 

 

Further assistance on this matter would be greatly appreciated,

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Yes I have to agree with Bankfodder...your particulars are far too much in depth...plus you will be restricted to 1080 characters anyway... It will form the basis of your witness statement further int

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Dear Sirs

Thank you for your advices I include the paragraph which they are using to deny the refund under Clause 5.1, they state that the Government has placed restrictions on the Contract therefore force majeure clause is being applied, but they are simply using a blanket refusal to return all the funds,I attach there copy of terms which seem to be Unfair under the Contract law regulations but we await your advice, we have copied the terms if you are unable to read the full terms, attached, from the relevant section, we await your advice further.

 

 

Quote

Amendments or cancellation by Goosedale
5.1 If Goosedale, (acting reasonably and at it sole discretion) considers that it needs to change any of the
arrangements for and/or other aspects of the Event (including but not limited to the date of the
Event) Goosedale will use its reasonable endeavours to offer the Client comparable alternative
arrangements at no additional cost and, in such circumstances the Client may (at its option):
5.1.1 accept any such comparable alternative arrangements by notice in writing (in which event the
Contract shall be deemed to have been amended accordingly); or
5.1.2 cancel the Contract by notice in writing in which event Goosedale shall refund to the Client the
Non- Refundable Deposit, the Security Bond and any Payments previously made under
Condition 2 and any other monies paid under the Contract in advance of the Event, provided that
whichever option is chosen by the Client under this Condition 6.1, the fulfilment by Goosedale of
its obligations shall constitute the limit of Goosedale’s responsibility and liability to the Client in
relation to the change or cancellation of the Event and the Contract in such circumstances.
5.2 Goosedale may cancel the Event and terminate the Contract without liability if:
5.2.1 Goosedale has reason to believe (in its sole discretion but acting reasonably) that the Event
might have an adverse effect on the reputation of the Venue and/or of Goosedale;
5.2.2 Goosedale has reason to believe (in its sole discretion acting reasonably) that the Event (or the
holding of the Event) may result in damage or harm to persons or property at the Venue or,
may represent health and safety risks
in which event Goosedale shall refund to the Client the Non-Refundable Deposit, the Security Bond and
any Payments previously made under Condition 2 and any other monies paid under the Contract in
advance of the Event and such refundsshall constitute the limit of Goosedale’sresponsibility and
liability to the Client in such circumstances.
5.3 Goosedale may cancel the Event and terminate the Contract without liability if:
5.3.1 the Client (being an individual and any of them if more than one person) becomes bankrupt
or subject to any circumstances which Goosedale reasonably considers means the Client will5.3.3 Goosedale receives information or otherwise becomes aware of any other material adverse
alteration in the Client’s financial situation which Goosedale reasonably considers means the
Client will be unable to make all Payments in full when due; or
5.3.4 the Client commits any material breach of the Contract,
and, in such circumstances, Goosedale may deem the Client to have served notice cancelling the Event
and the provisions set out in Condition 5 above will apply.
5.4 Goosedale will not be liable for any failure or delay in providing facilities, services, food or beverages
under and/orin accordance with the Contract as a result of any event(s) or matter(s) outside itsreasonable
control, including (without limitation) fire, storm, explosion, flood, Act of God, action of any
Government or Governmental agency, shortage of materials or goods, strike or lock-out. Goosedale
strongly recommends that the Client take out its own insurance against such an eventuality affecting the
Event.
5.5 Subject to Condition 6.6,
5.5.1 Goosedale’s liability under and in connection with the Contract shall be limited to direct losses
only and shall in no circumstances exceed the actual proceeds received by Goosedale under
any relevant insurance policy in respect of the liability in question or the sums paid under the
Contract by or on behalf of the Client to Goosedale, whichever is higher; and Goosedale shall
not be liable to the Client by reason of:
any representation (save for any representation made fraudulently );
any implied warranty, Condition or other term; or
any duty at common law,
or under the express terms of the Contract for any indirect or consequential loss or damage
(whether for loss of profit, business, contracts, goodwill, revenue, anticipated savings or
otherwise), costs, expenses or other claim for indirect or consequential compensation
whatsoever (and whether caused by the negligence of Goosedale, its employees or agents or
otherwise) that arises out of or in connection with the Event or the Contract.
5.6 Nothing in the Contract or these conditions shall limit or exclude Goosedale’s liability for death or

Thank you we look forward to your response in due course to pursue this matter further


 

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So from your last post what are they actually saying.....no refund ?  Your post does not really confer where you are and what they have said...simply a copy of the T&Cs.

We could do with some help from you.

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6 minutes ago, Andyorch said:

So from your last post what are they actually saying.....no refund ?  Your post does not really confer were you are and what they have said...simply a copy of the T&Cs.

That's correct they have refused to provide any refund since March 2020. We have received contact from them this evening requesting an additional £250 "security bond" they have refused to Refund since April 2020

 

This is the first contact we have had from them since April...instead of updating us on the current situation, they are asking for more money! Suggests they have no intention of providing a refund as they originally refused in March 2020. 

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5 hours ago, Andyorch said:

So from your last post what are they actually saying.....no refund ?  Your post does not really confer where you are and what they have said...simply a copy of the 

B72BF868-9BB2-4A74-89E3-B7268905242C.png

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This is their stance since April 2020 despite the fact that we have now postponed twice and it looks like 8 October 2020, which is a Thursday and the only date they would confirm  ( originally booked the venue for a Saturday wedding) they will not refund the money and use the clause above 

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I can only upload the terms and conditions via copy and paste hence my earlier post, so apologies if that caused confusion and hopefully the post is clearer on our position 

8379169A-0C96-4B41-8794-B4A9BEDF875B.png

29CC9645-B0BF-4277-B52C-927FBB6DD58C.png

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So this is where we are I did not want to post up their details but I have been left with no choice as they simply don’t care and I really need to get advice to get a refund 

 

 

thank you 

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How did you make payment ?   Please dont state bank transfer...credit card ?

We could do with some help from you.

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They only accept cash or bank transfer they refused credit cards - we understand that this is problem hence we need to go down the Court route as they just do not care so any advice on this will be greatly appreciated 

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Then start the process.....draft out a letter of claim stating your position and what you require using the relevant legislation I have provided...not too lengthy..allowing them 14 days to respond.

 

May also be worthwhile registering a complaint with the FOS.

 

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/banking-and-payments/disputed-transactions

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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They only accept cash or bank transfer they refused credit cards - we understand that this is problem hence we need to go down the Court route as they just do not care so any advice on this will be greatly appreciated 

6 minutes ago, Andyorch said:

Then start the process.....draft out a letter of claim stating your position and what you require using the relevant legislation I have provided...not too lengthy..allowing them 14 days to respond.

 

May also be worthwhile registering a complaint with the FOS.

 

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/banking-and-payments/disputed-transactions

God bless you Andy we will start claim now 

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We could do with some help from you.

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

 

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  • 2 weeks later...

Letter before claim was delivered on 6 September 2020 by recorded delivery

 

We have not had a response but a call indicating they will not refund.

 

These are their details on Companies house and they are trading still so we cant understand their logic?

 

https://beta.companieshouse.gov.uk/search?q=goosedale

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Time to start preparing your claim in MCOL...then you can click it off say next Tues.

We could do with some help from you.

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I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!

 

Are they not bothered about customers at all, they are prepared to keep money without providing any service at all

 

Its so shameful

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  • BankFodder changed the title to Goosedale WEDDING VENUE REFUSING REFUND

I've just scanned this thread briefly. They are not proceeding with the contract because of laws which have been imposed as a result of the virus crisis.

If this is correct then this amounts to a frustrated contract. Frustrated by supervening illegality and in principle the contract should be set aside and  you should be entitled to recover all of your money.

Please post up the particulars of claim – keep it very short. No need to send any further details. However it should mention that the contract is frustrated.

 

post it up here before you click it off

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