Jump to content


DJ REFUSING TO ISSUE REFUND NO RESPONSE TO LETTER BEFORE CLAIM - CLAIM DENIED BY DEFENDANT


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 203 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am posting this to obtain advice,

 

We had booked a venue and a DJ, the Venue is being dealt with under a separate post, However at the same time I also sent a letter before claim to the DJ

 

Timeline of events :

 

1. Booking DJ Contract signed and money deposit sent to them under contract and as detailed in 10 of the booking contract.

 

2. I paid £500 as detailed from my account by bank transfer as detailed by Mr Singh who is Director of Marble Homes Ltd, and T/A kikli Roadshow.

 

3. In May 2020, due to government Rules and the Law the contract became frustrated as defined under the CMA letters and notifications.

 

4. In June and September 2020, despite rearranging the Venue and the DJ we are advised that the wedding can not take place as planned for 350 Guests.

 

5. I asked the defendant to refund the money in August 2020, they did not respond and stated we should postpone and no refunds will be given.

 

6. On 18 September 2020 I  again made a Formal request by Letter before Action, there was no response - however on the same day they sent a email staying take us to Court and we will Counter sue, for the whole balance of £2500, we waited for the repayment of the refund and nothing was issued.

 

7. On 2 October 2020 a claim for costs and Interest and the £500 was submitted through online money claims.

 

8. On 14 October 2020, the defendant files a defence stating we are suing the wrong party, and O should instead be suing another Company with the same address, after checking the Companies house website, the other Company is Dormant however this Company has assets of £1.2 Million pounds so I dont know why they want me to sue a Dormant Company.

 

9. On 14 October 2020 I responded to the claim as the Defendant has not been truthful in his statement as his Company is mentioned as above in the contract and I have made a valid claim for return of money I have paid for serve they can never or will never have provided.

 

a. I attach below in order of date :

 

1. Letter before claim 

2.The Claim in full

3.The defendants response 

 

Letter before claim:

Quote

 

Mr R Singh and Mr S Nagra

Marble Homes LTD

Kikli Roadshow

27-35 Sussex Street

Leicester

LE5 3BF  

 

Letter before Court Claim 

 

Dear Mr Singh and Mr S Nagra,

 

I write in relation to “booking contract” signed by xxxxxx    on 02/07/2019 and £500 deposit paid by xxxx, to Sukh Nagra on 03/09/2019. The contract details an event for 350 people.  As a result of COVID-19, Government guidelines and legislation, this wedding reception will no longer take place, Kikli Roadshow are no longer in a position to provide the contracted service; therefore a full refund is requested. 

 

Below is a timetable of recent key events:  

 

1. The Government issued guidelines on 23/03/2020 detailing the closure of wedding venues as a result of COVID-19. 

2. The current Government guidelines allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract with Kikli Roadshow details an event for 350 people.

3. I  emailed Kikli Roadshow’s two email accounts (both of which I have previously had successful correspondence with) on 02/09/2020 and 17/09/2020 and requested a full refund of the paid deposit.

4. On 18/09/2020 Mr Singh responded by email and advised our £500 deposit would not be returned.

 

 I draw your attention to the following legislations:

 

• GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020.

• The Consumer Rights Act 2015 Unfair Terms - ss.61-76

•           Under The Law Reform (Frustrated Contracts) Act 1943: where a contract has become impossible to perform and the parties have for that reason been discharged from the further performance of the contract. All sums paid or payable to any party in pursuance of the contract before the time when the parties were so discharged shall, in the case of sums so paid, be recoverable and, in the case of sums so payable, cease to be so payable.

 

As you cannot perform the contract as originally agreed, the contract is frustrated, therefore I am entitled to a full refund. Therefore, I request a full refund of £500 within the next 14 days.

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

 

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you. 

 

 

Yours Sincerely,

 

 

 

 the claim :

 

and the Defendants response

 

 

 

 

166MC442-claim-form-claimant-CAG copy.pdf 166MC442-claim-response CAG.pdf

Link to post
Share on other sites

According to Companies House they are not dormant, they are active

 

https://find-and-update.company-information.service.gov.uk/company/11252747

 

But in any event, what was it that decided you to sue Marble Homes Ltd and what made you decide that Kikli was a trading name of Marble Homes Ltd?

 

Link to post
Share on other sites
16 minutes ago, BankFodder said:

According to Companies House they are not dormant, they are active

 

https://find-and-update.company-information.service.gov.uk/company/11252747

 

But in any event, what was it that decided you to sue Marble Homes Ltd and what made you decide that Kikli was a trading name of Marble Homes Ltd?

 

the clear Decision is the fact that on the Contract the only address which gives C/O is for Marble Homes Limited, after checking the Companies house documents, the Company which has the assets are Marble Homes Limited, The DJ has previously stated that if we sue we will not get a penny as they have no assets, hence the claim has been made according to 

 

1. the name under Sec 10 of the booking Contract

2. the continued denial that the defendants wil never issue a refund

3. After consideration of thier actions to date, I felt that the claim is with the address and C/O mentioned in the contract, there is no other mention of the address for kikli,

4. The contract clearly confirmed that Mr Raj Singh is the one who is authorising the payments to be made under 1 and 3 above.

 

This is the reasons why, I hope I have not done the wrong thing as I have just looked at the contract and again, I am just taking from it what is there, I have not been given any other address for the company and on Companies house there are two Companies, one registered as the above and the other as Kikli so I am of the assumption (perhaps I am wrong I dont know) that Kikli Road, show is a Trading arm of the Company Marble Homes Limited ?

 

I can also confirm that after checking the above facts I can confirm that they have Dormant Accounts since 31 March 2019 this was probably another reason in all honesty why they keep saying you will never get a penny back

Link to post
Share on other sites

So do we have to guess the contents of the contract or you can post it up?
Did you get receipt for the money? If so can you post that up

Link to post
Share on other sites

The receipt for the money was in the form of a Bank Transfer to their account as confirmed above they did not provide any further receipts just the refusal to refund the money and to counter sue me for the whole amount of £2500, hence they have never sent another receipt to me, I will of course be able to obtain a BACS transfer print out and will now request this from the TSB

Link to post
Share on other sites

From what you have shown us here, I don't see that you have any basis for involving Marble Homes Ltd. This company may well be run by the same person – but I'm afraid that their limited liability status means that you can't reach them.

On the other hand, there is nothing here to suggest that you are dealing with Kikli Roadshow as a limited liability company, so you could simply have sued them under their trading name and then enforced against the owner or partner.

On that basis, I'm afraid that I think that the defence is probably quite tight and there's not much you can do about it. And personally I think you should probably withdraw the claim and then begin again if you want.

The problem is that you don't really know the the addresses of the owners of the business – meaning where their assets are and so even if you had a judgement, it would be difficult to enforce.

I'm not sure what to advise you here.

 

Link to post
Share on other sites

Thank you BankFodder

 

I will obviously wait for the Court to decide as I have only one Booking contract in this matter, I have already confirmed in writing by views, I am mindful and thankful for your comments, but the confusion lies in the contract and I assumed the address as Confirmed under 10 is the correct one to issue the claim, it is also very confusing as the contract is one which leads to mislead a genuine customer.

 

I am going to wait until the Court decides what to do and then highlight this to the Court as I have just about had enough, to be honest

 

 

Link to post
Share on other sites

Don't forget if you opt to proceed with this then you will have to pay a hearing fee and also if you lose, you will have to pay their reasonable cost travel and any reasonable loss of earnings.

I think we would advise you to withdraw

 

I'm afraid that the address given in clause 10 is not at all probative of the fact that that is who you are contracting with. That is simply their business address.

I'm quite sure they are all one and the same person or people – and I'm quite sure that it is being used to escape liability – but at the end of the day I think the judge will consider that they are right and you have not sued the correct person.

Link to post
Share on other sites

so I i withdraw where do I stand, I have just found the following on line but I think I am not sure what to do, as if the case goes to Court surely the Judge will look at the Contract and sec 10 in particular?

 

https://www.birkettlong.co.uk/site/library/legalnews/Who_is_contracting_with_whom

 

Yes I am confused and equally frustrated but the who do I sue, now if the matter is withdrawn? when there is no other address in the contract, do i just give up?

Link to post
Share on other sites

Well you can sue Kikli Roadshow but the problem with all of these County Court claims is that getting the judgement is often fairly easy – but then enforcing the judgement can be very difficult. I'm afraid that one needs to consider the steps right to the end including enforcement. When you are dealing with small businesses that only have some kind of business or bureau address for service of proceedings – but no assets are kept there then you have to be very wary.

Enforcement is a crucial part of considering whether or not to bring a legal action.

Your other action against the functional organisation will create no enforcement problems at all because they are well established – you know where they are and the not suddenly going to move because they have a judgement against them. On the other hand, a small disco business is very flexible

Link to post
Share on other sites

I dont understand as they are not a small business, they have taken money and are now hiding behind the fact that they have no assets, I completely understand what you are saying but for the general public, how do they use the Courts when this happens, I am deeply confused, when on one hand we have a contract and a payment made, clearly gives a address and a C/O address and mentions Marble Homes Ltd, then goes on to also confirm that payment must be made to them of £500.

 

I dont understand Contract law and I am learning all the time, I am also mindful that I have done nothing wrong, I have also included both Directors on the form, I can confirm that the defendant is named as Marble Homes Ltd T/A kilkli roadshow, and the individual directors also named?

 

I understand that I have a confusing contract and contact details, but as a consumer how is this even possible, surely the contract remains unfair too as it is not clear or is the law such a dead law that nothing matters?

 

yes I am angry and very frustrated, I would be obliged for further advice, but I understand that this may now not be forthcoming so I am left to either lose the whole money and walk away based on a contract which is not legal, or sue a entity which again refuses to deal with a customer fairly.

 

The law is not very good if the General public can be let down in such a way, but I understand that the Matter may go to Court and not succeed but surely a Judge is the one who will look at this contract and decide?

 

Has this case law no relevance either I have found?  I am going to take a break for a few days and then decide hopefully I can think and also maybe more advice can be offered ? or is this the Forums last decision?

 

Thank you

 

 

Link to post
Share on other sites

Yes, but the address you been given is a business address which is far as I can see looking at Google streets, is pretty well a disused building. That means that if you won the case, the bailiffs would go round there and they would either be nobody there or somebody would simply say well they have no assets.

Don't forget, all you are dealing with here is a DJ – which means that somewhere there will be some turntables and records and other audio equipment – but that's all you need to run that kind of business. Very difficult to get your hands on that and put it up for auction and to get the money to satisfy judgement.
If you knew how the owner of the business was and you could identify their assets such as their home, if they owned it – then you would have something to enforce against.

I agree that the people involved in the roadshow business are probably the same as the people involved in marble homes – but I'm afraid that limited liability means that you fence off your liabilities and assets of one business from the liabilities and assets of another.

That's what they call "the corporate veil" to lift the corporate veil, you would have to show quite serious wrongdoing by the owners of the business and you are able to do that here. I'm afraid that the rules about running businesses et cetera can cause huge problems if the business acts dishonestly or decides to avoid liabilities for some reason or other.

By all means proceed with the claim if you want. You already incurred some expense – but I think that you will lose more money and even if you win, it is unlikely that you will be able to enforce the judgement.

If you had asked us about this to begin with, this is the kind of issue that we would have raised and we would have encouraged you to examine the enforceability of any judgement. Although you did refer to suing the DJ in your original thread, it was very much in passing on the first page and you never referred to it again.

You ask whether it is our final decision – this is just the point of view that we hold. It's not a decision. The decisions are for you to take. If you want, ask elsewhere and see what they say. Try citizens advice – but I will be surprised if anybody gives you any realistic chance of success along the route that you have chosen for this so far
 

Link to post
Share on other sites

Thank you BankFodder

 

so I just lose the money in this matter - this is Justice I suppose I should have been wiser, I will wait for the Court to decide and write to them indicating my reasons above, failing which I may see sense and take mediation to resolve the issue by writing to them, as I can not afford to lose any money but understand your advice.

Link to post
Share on other sites

If you want to proceed to mediation then you will have to pay the further fee.

 

Link to post
Share on other sites

i will wait for the Court to decide if they will hear the claim, based on the facts, I have added the names of all the persons mentioned in the Contract, I understand I may be wrong but I have not done anything wrong, and the guidelines are clear, from the CMA, I consider this may be wrong but I can not simply lose money when I have tried everything to recover money owed.

 

Yes the law is very confusing, I also thank you for your assistance in this and other matters and I know you are giving the best advice but at this stage, it is not something I can fully accept, as I cant understand the purpose of a judge and Court where they will disregard the facts, of the contract - and the names in the Contract are the very ones I have initiated the Claim against, but I live to learn and this has taught me, never to trust a contract or persons even if its written down it means nothing.

 

How sad is this? I dont know, but unjust it certainly is.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...