Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

[jk2054]

Yep, They charge for an N244 which is what gets the case delayed. Then if you win the judge awards this to you

[AndyOrch]

£275 is for any application that requires a hearing I wouldn't of thought it required a hearing to change a date.

[Nongki]

Good afternoon.

 The Court will require a formal application and the relevant fee to   adjourn the hearing listed on the 3^rd January 2024.

 The form required is a form N244, and the relevant fee of £275.00.

 You can consider contacting the other party to see if they would be agreeable to  adjourning the hearing.  If so, the parties could file a consent application, and  draw up a draft Order.  The application again would be a form N244 and the relevant fee for a consent Order is £108.00.

[AndyOrch]

Go for the second option then

[Nongki]

What happens if one of the parties fails to submit evidence within the 14 days prior to court ?

[honeybee13]

Is that you or the other side?

HB

[Nongki]

Neither. It’s another case on a different forum

Court date is 23rd November and DWF have not supplied defendant with anything

[honeybee13]

I don't really understand. Could you tell us more please?

HB

[dx100uk]

you mean their witness statement?

 

[Nongki]

They are supposed to supply you with any documents they intend to rely upon in court, no later than 14 days before the court date

[dx100uk]

nothing to do with 'documents' 

its their witness statement with their exhibits they intend to rely upon mentioned in their WS.

trick is NOT to file yours till you have theirs, they cant complain about it in court because they were obv late too.

the judge wont swallow any of their play acting esp as you must always point out in your ws your are a litigant in person. even though its obv.

DWF and the like have pulled this stunt for years, its why its so very very important you always tell them (in writing) not to use email but posted letters only early on .

moneyclaim are not out to get anyone, they simply action the claim raised by the claimant through their sols DWF

[dx100uk]

please update and post on your OWN THREAD @Calmcoolcollected21 post now moved

this one is for @Nongki

same goes for you @Maus  post now moved

you've not updated it for a YEAR despite posting everywhere else....

dx

 

 

[Nongki]

Apologies, just got back from a month out of the country yesterday. Tried replying while out there but firewall prevented me, there was a link which was to get around the firewall but that didn't seem to work

By way of update, at my request date was adjourned until 1st March. So will hoping to get some assistance in putting my evidence together at some stage please.

Strangely, I returned to a letter from DWF saying that the case had been moved to 1st March, 10:00am at Liverpool Court. Double checked my paperwork and it is 1st March, 10:00am, but Newcastle, certainly not in Liverpool.

They went on to say that the court had expressed a desire that we come to an agreement without the need for a court case, and very kindly (NOT) had offered me the chance to pay a reduced amount of £1000 before end of January. Surprisingly I wont be taking them up on this.

Should I reply to them to advise on both the above, or just ignore. The court location could be a typo of course, or could mean they turn up at the wrong court

[Nongki]

I have today received a further letter from DWF, once again stating that the hearing is taking place in Liverpool. I have double checked this with Newcastle County Court and it is definitely taking place in Newcastle

This time they have made a final offer and are willing to accept 750.00, which I will obviously decline

Back on post number 12 the offer was made to assist in “sharpen” my defence and I guess I am at that stage now so calling out for any assistance you can offer please

[dx100uk]

On 03/02/2023 at 11:45, Andyorch said:

Await allocation now if they wish to proceed and if so, we can sharpen your defence into an effective witness statement.

Andy.

you've already filed a defence as stated.

ws time. 14 days prior to hearing?

what date is your hearing?

 

[Nongki]

Yeah, apologies, I meant witness statement

1st March is new hearing date and WS 14 days prior

[AndyOrch]

Bump your topic say middle of next week as a further reminder.

 

Andy

[Nongki]

Thanks Andy, much appreciated

Is it advisable to reply to them declining the offer ?

[dx100uk]

go no.

never enter into pointless letter tennis

dx

 

 

[AndyOrch]

38 minutes ago, Nongki said:

Thanks Andy, much appreciated

Is it advisable to reply to them declining the offer ?

You can in case they raise it and state you didn't respond it could impact costs should you lose as they would state you failed to mediate.

Alternatively we can raise it in your statement ?

Your choice

.

[Nongki]

Cheers Andy

Just along the lines of ......  thank you for the offer but, as I am innocent of your accusations, I will kindly decline

[AndyOrch]

Yes...perhaps add a little more sarcasm 

In view of your generous offer of discount to the alleged amount claimed surely that would add suspicion to a court that in fact the amount initially claimed could be questionable ? 

leave it to you.

[Nongki]

Dear Sirs

 

Whilst I appreciate that all parties would prefer to avoid a court hearing I hereby decline the Final Offer.

 

I recently paid a fee of £275 to have the hearing adjourned and moved to the new date, hardly the actions of someone who feels they are liable for the costs alleged by your client.

 

Likewise, the generous discount offered to the alleged amount claimed must surely add suspicion that the said figure is, at the very least, questionable.

[AndyOrch]

Too waffly

Drop the Dear Sirs

Re Court claim ref xxxxxxx and you recent letter and offer of discount to amount claimed.

Thank you for your recent letter dated xx xxx 2024,  whilst it is appreciated that both parties would rather avoid this claim proceeding to the forth coming hearing and your attempt to mediate and expediate matters.

However I must decline the generous discount offered to the alleged amount claimed which surely the court will consider questionable.

Having already paid out for an application to have the hearing adjourned and moved to the new date at considerable cost, in view of my defence in this matter, It is my intention to claim further costs and disclose your offer to the court.

Signed.

 

 

[Nongki]

cheers