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

[intree]

Thank you for that advice Andy I will post up the final version before submission to the other side and Court at the relevant times given by the Court and for the costs on the 05 July 2021.

 

 

[intree]

while we are dealing with unprofessional and less customer focused Venue managers at Goosedale, we have a number of relatives who have been given options by their Venue management including a FULL UNCONDITIONAL REFUND,  the latest one issued to a relative yesterday has been attached.

 

It is now clear not all venues are being unreasonable, and are helping couples who are in need of the funds to plan for their big day at a alternative arrangement.

 

I must state it is extremely vital you look at the history of the venue dealing with Customers before you hand over your money to them, and only deal with Venues now which provide the assurances and services to give you the correct options and not Force the matter through Court like we are : Goosedale shame on you for trading in such a unprofessional manner.

venue refund from a good business.pdf

[intree]

Hi Andy just a quick question if we provide links to the law we rely on for instance do we have to provide paper copies in addition or just the links are sufficient as below, if I provide a working link on the court emailed documents do I also need to provide a printed copy to the Court, I will be emailing all  the papers and the statements to the Court as I don't think I will have them finalised before 23 June earliest so, 

 

https://www.gov.uk/government/publications/wedding-services-coronavirus-covid-19-cancellations-and-refunds/wedding-services-affected-by-covid-19-statement-of-the-cmas-position-on-cancellation-and-refunds

 

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

 

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

 

https://www.gov.uk/guidance/coronavirus-covid-19-wedding-and-civil-partnership-ceremonies-receptions-and-celebrations

 

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic

 

 

Consumer Rights Act 2015: https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

       Unfair Trading Regulations (2008):  https://www.legislation.gov.uk/uksi/2008/1277/contents/made

Frustrated Contracts law: https://www.legislation.gov.uk/ukpga/Geo6/6-7/40

 

 

I assume if I am correct I can send by email before 2pm 24 June 2021 to put in the forum and send  to both the defendants and the  Court, please can I be advised what I do if the defendants do not issue me with their documents by the above date as they have been completely unreasonable to date in their dealing with matters in Court.

[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. 

[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

[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.

 

 

[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

[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

[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.

 

[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. 

[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

[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

[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

[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.

 

 

 

.

 

 

 

 

 

 

[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.

 

[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. 

[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

[AndyOrch]

Yes they are fine.