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

[Nongki]

Things don't move very quickly do they haha, thought I would give an update but not really an update

MCOL just updated in last couple of days saying that I filed DQ on 22/06 and claimant filed on 05/07

[AndyOrch]

Next they will send you a Notice of Allocation (N157) this will contain the directions and dates of what you have to do next to prepare for the hearing.

 

Andy

[Nongki]

Just received text message to advise mediation call will be between 12:00 and 14:00 tomorrow

My one concern is that it states "Please refer to your email/letter with details you must read before the appointment" , I haven't received either

[dx100uk]

check your online email webportal's junk folder 

[Nongki]

Yeah already done that, nothing.  I have emailed them but got an auto reply saying they take 10 days to reply.  I will try calling them

called and they have resent the email, received this time

any advice on this please, I know short notice

Stage two:

Clarifying each parties position: It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position.

Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options.

[dx100uk]

On 14/04/2023 at 15:09, Andyorch said:

Well given this type of claim you really have not got anything to mediate over and it goes to allocation irrespective as mediation usually fails.

If you do opt for mediation this simply allows a chance for them to settle or you agree a settlement without concession without it proceeding.

Its you choice as some defendants cant face proceeding and fighting their corner and would rather mediate.

pers id not either.

 

[Nongki]

As suggested, mediation was a total waste of time. They had no intention of "coming to an agreement" at all and wouldn't budge on wanting the full amount. Mediator suggested I have some dialogue with DWF as it will look good in front of a judge

[Maus]

That's absolutely crazy! Did you mention the evidence you have of the returned items?

Edited July 26, 2023 by dx100uk
unnecessary previous post quote removed

[Nongki]

Yep, all mentioned to the mediator. He went away to speak to them then returned 10 minutes later to say they were willing to drop court costs and that was it

[dx100uk]

let them get on with it, but thats nothing unusual for DWF. make sure you put a costs order in with your WS.

are you working? if so you can get atleast £90 when they lose...

dx

 

[Nongki]

Yes I am working, total mind blank, what is WS ?

Would you recommend having dialogue with DWF, as mediator suggested, or just leave it

Not sure what dialogue he expects me to have, although I did say to him that the figures DWF had quoted as my refunds don't match my info from Adidas. Worth clearing that up with them i.e. how they have come to that figure ?

Other thing, DWF had told the mediator that Adidas refunds system is automated and that the refund should not have been sent out.

This is Adidas refund policy so total BS = When your return arrives at the warehouse, we’ll have to do a quality check. Because of this, it takes up to 5 business days to process your return. You’ll receive an email once we initiate your refund.

[Maus]

They'll say anything to argue their case, even though Adidas terms and conditions clearly state otherwise. The terms and conditions along with proof of your returns etc should be more than enough to get this case thrown out.

 

Fingers crossed for you

[dx100uk]

well if you dont know what a WS is and at what stage its useful then you need to get reading up here.

you've been on cag since 2008 and returned with this court issue in feb ..more than enough time to to have been reading just about any Claimform threads already here.

 

cag is predominantly self help.

dx

 

[Nongki]

Fully appreciate that cag is "predominantly" self help and the assistance you have given to date is invaluable, I certainly will need it in the coming months. Also appreciate that it is voluntary and none of you receive a penny for doing so.

Apologies for expecting someone to wipe my backside for me and I will certainly find the time to get reading. I am actually on jury service for the next 2 weeks so should find plenty time then

 

[Calmcoolcollected21]

Any update?

[Nongki]

Not yet

[AndyOrch]

On 14/08/2023 at 16:24, Nongki said:

Not yet

You didn't just send the DQ to the claimant did you ..you filed it with the court also ? What does the status say on MCOL ?

 

Andy

[Nongki]

Received court date this morning, it has been set for 3rd January. I do not return from a holiday in Thailand until 14th January.

Can I request a change of date and will it work against me

thanks

[Calmcoolcollected21]

Lol no one will probably attend the court case, its the same way with private parking charges they will get a court date but they do not attend hoping you do not attend either so a default decision is made. DWF are full of doodoo

[jk2054]

2 hours ago, Nongki said:

Received court date this morning, it has been set for 3rd January. I do not return from a holiday in Thailand until 14th January.

Can I request a change of date and will it work against me

thanks

On your DQ did you mark the date as unavailable? 

[Nongki]

DQ was back in April, holiday wasn’t booked then

[jk2054]

Phone the court and ask it to be changed

[Nongki]

275 quid to apply for case to be adjourned !!

[jk2054]

you get it back when you win

[Nongki]

Argh, didn’t know that