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

[intree]

Its just so distressing Andy that this Venue is putting us through all this extra cost and distress. when all they have to do is refund the money but the refuse to accept the CMA guidelines and now we are at stage one again, trying to recover which is rightfully our money which they have had for the last 19 Months, and incurred not costs for us or provided any service, this Injustice they are causing is wrong, I am not sure what defence they will now raise this is very stressful indeed.

 

thank you for your help to date.

[honeybee13]

I just spotted this in our media forum and thought of you. Here's a link to the article in case it's of use.

 

Quote

COVID-19 refunds: CMA warns wedding firms over unfair practices

The CMA has issued new warnings to firms over concerns that couples are still not receiving fair refunds for weddings that could not go ahead during the pandemic.

Published 26 November 2020

From:

Competition and Markets Authority

 

 

Following the publication of its statement on wedding cancellations and refunds, the Competition and Markets Authority (CMA) took action against Bijou Weddings Group to secure fair refunds for its customers. However, the CMA has continued to receive new complaints from couples who had their big day booked with other wedding party providers, prompting the CMA to write directly to several firms which may have broken consumer law. Couples have complained about being misled about the level of refund they are entitled to or being offered the opportunity to rebook but only at a higher price.

These businesses are being asked to review their practices to ensure they comply with the law, or risk enforcement action if they fail to do so – including being required to provide refunds.

As a result of concerns highlighted by the most recent complaints, the CMA is also making its views clear to all wedding firms:

• businesses should not make deductions from the refund unless they can prove those costs were incurred directly for the wedding in question and have provided a breakdown of those costs. Where a contract is for venue hire only, the CMA would generally not expect there to be any deductions. The CMA has not set a ‘benchmark’ amount when it comes to providing refunds and each case must be assessed on an individual basis
• businesses need to meet their legal obligations promptly and should not unreasonably delay or refuse to provide refunds to couples when they are due
• couples should not face additional charges when they voluntarily agree to reschedule their wedding to a comparable date and service, instead of seeking a refund

All wedding firms are being urged to look at their policies on refunds and cancellations and make changes where needed.

 

https://www.gov.uk/government/news/covid-19-refunds-cma-warns-wedding-firms-over-unfair-practices

 

HB

[intree]

Thank you Honeybee for this, I have just logged on for first time as been dealing with Covid in family, we have still not heard anything from the Court so we as just as lost as everyone else in this story.

[intree]

Hi Andy

I have just been given my works travel and work times, I will be travelling for work in January so will not be available for a Court Hearing until 27 January 2021, after 27 December 2020, please can you advise my next steps and do I need to inform the Court of this and do I just write to them now?

 

Thank you for your help

[AndyOrch]

Have you yet to receive the courts Notice of Allocation (N157) with directions and hearing date or have you already had it.....?

[intree]

Hi Andy no I have not received anything from the Court at all, further to my email on 18/19 November 2020.

 

I have just been told the working pattern from my employer so was just thinking I should tell the court I am not available on the dates above as I will be working away from my local area.

[AndyOrch]

When you actually get your N180...you can submit a note on it for dates unavailable...

[intree]

Thank you Andy, I will wait and let you know when this arrives.

 

[AndyOrch]

4 hours ago, intree said:

Hi Andy no I have not received anything from the Court at all, further to my email on 18/19 November 2020.

 

I have just been told the working pattern from my employer so was just thinking I should tell the court I am not available on the dates above as I will be working away from my local area.

 

keep checking with the court to see if they have served the amended particulars...or if the court wants you to serve them.....until this happens it wont go to allocation.

[intree]

16 hours ago, Andyorch said:

 

keep checking with the court to see if they have served the amended particulars...or if the court wants you to serve them.....until this happens it wont go to allocation.

Hi Andy

 

I have just checked the post again, I can confirm they have served the particulars on 24 November 2020, a copy was sent to me and my Daughter and I presume it was sent to the other side too, it was a copy of the application and the attached order for adding my daughters name and the costs, there was nothing else included, I have not received anything else from the Court after my email above to them asking for the Name to be corrected etc as in post 148 

[AndyOrch]

Good so the defendant has time to submit a further defence...the court will advise if they have  or if not what will happen next.

[intree]

Thank you for your reassurance Andy, I am lost for words on how this Venue has behaved to date, they are just greedy and do not care at all about the Bride, groom or parents and what we have had to do to save this money, and then not been able to give our daughter the wedding we saved for, and now they just play a game with the Court claim.

 

I just hope the CMA are going to help other in a similar situation to us, as this is not right at all.

 

Thank you for your help Andy.

[AndyOrch]

Yes simply follow the order by dates...you file and serve...so thats one to the court and one on the defendant

[intree]

Thank you dx100 I will try and get my son to sort it out again I did post up the PDF but it did not attach so copy and pasted it, I will of course ask him to stop the Pop up blockers he has put in to the web.

 

Thank you Andy, do I just send the particulars of claim, we sent to the court as before and can I send these by email or will they need to be Recorded delivery, do I send to the Court or to the defendants or 3 copies to the Court, sorry for all the questions.

 

General Form of Judgment or Order cag.pdf

Edited December 15, 2020 by intree

[intree]

he has removed the Blockers so hopefully this is now in PDF dx100, please let me know if it can be seen

 

So shall i type this up and send again Andy?

 

In the Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

 

Claimant/s......... V        Defendant.........

 

Amended particulars of claim.

 

The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on 19 April date 2019 in respect of a frustrated contract for a wedding venue for 350 Guests booked for the 23 May 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The leading claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest and costs.

 

Statement of Truth

 

I believe that the  facts stated in the particulars of claim are true.

 

Signed

 

Dated this day xxxxx

Edited December 15, 2020 by intree
particulars of claim to be served

[AndyOrch]

Quote

Thank you Andy, do I just send the particulars of claim, we sent to the court as before  Yes and can I send these by email or will they need to be Recorded delivery, Do you have the defendants email ?...if so yes but I would also send a hard copy  do I send to the Court or to the defendants Already stated one to the court one to the defendant one for your file or 3 copies to the Court, sorry for all the questions.

 

Andy

[intree]

Thank you Andy, I will get this done first thing on Monday 21 December 2020 as the deadline if for 22 December 2020.

[AndyOrch]

I personally would do it now...Monday is cutting it a bit close.

[intree]

15 minutes ago, Andyorch said:

I personally would do it now...Monday is cutting it a bit close.

Thank you Andy I will send it now, as I have a hour free.

[AndyOrch]

 Get proof of postage ...

[intree]

Hi Andy and Forum Happy New Year to all.

 

I can confirm that I have received their embarrassed type defence from a Firm of solicitors in Liverpool on their behalf,

 

making up various facts including that we agreed a new contract with limited guests,

and then cancelled the contract with only 34 days notice,

 

they seem to be implying that we have no claim as we cancelled the contract and it was not frustrated at all and they are entitled to 75% fees, and no costs can be claimed by us,

 

I have been trying to upload the document, but I am having difficulty as it is some 4 pages long, I am trying to load these up in the Forum by Sunday.

 

Thank you all

[dx100uk]

now use PDF merge site please on our upload guide...

else well be here allnight downloading single pages

 

[intree]

Thank you for this information these are merged now, please can the names and identifiers be removed after reading as the system would not allow me to blank out the names.

 

 

 

216845391_RedactedSodaPDF-merged-MergingResult.pdf

Edited January 2, 2021 by BankFodder
document redacted

[honeybee13]

Hi.

 

You need to edit out names, etc, before you upload documents here. It's in the upload guide.

 

HB

[intree]

Thank you HB i just did upload the documents which were previously blanked out, but for some reason the blanking was removed when uploaded so rather than get things more confusing I uploaded them as soon as they have been read I will remove the ones which identify the names on the documents and leave the previous ones.