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

[jk2054]

I may be wrong here but i think so long as the court gets theirs you can send your one to the claimant 1st class post on the working day before its due (by which time it is too late for DWF to counter as there's will be due by then) so long as you get proof of postage

[Nongki]

The biggest disappointment is that they, for some reason, have been saying it is being heard in Liverpool. Obviously my statement reveals to them it is in fact Newcastle. Can't believe they would have actually turned up at Liverpool but the thought was good

[Nongki]

Received nothing from DWF today

I have been reading that they can ask court for “relief of sanctions” ?

[AndyOrch]

Sit tight let them dig the hole ....no sanctions imposed yet

[Nongki]

Day before hearing and still nothing from DWF

Just received an email from the CC however advising that, due to DJ having another hearing at 10:00, the hearing has now moved to 11:30

[jk2054]

is this no hearing evicence from them?

 

Is the hearing on march 1?

Did you contact them by email to make them aware you don't have anything from DWF?

 

[Nongki]

Mate, I think I have stuffed up big style, presuming instead of actually reading letters

Tomorrow is an ENE Hearing, there was no stipulation to supply other party with evidence and I have sent them everything !! IDIOT

Maybe the Judge taking the ENE Hearing will advise them that they won't win, am I clutching at straws 

 

 

 

 

2023-10-19 N157.pdf

[AndyOrch]

hearing was on 3rd Jan 24 did you attend ?

[Nongki]

Sorry, that was the original notice, I paid £270 for it to be adjourned as I was out of the country. New date is tomorrow

New notice literally just states new date

Edited February 29 by Nongki

[AndyOrch]

Okay so tomorrows hearing is a CMC (case management conference old name) in reality the judge will set the directions and time table for each party to exchange statements and evidence.

Why did you send yours when no dates had been set ?

 

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[Nongki]

Because i am a ******* idiot.

Had mediation, it didn't work, presumed next step was the actual court case.

Hopefully I have given everyone a lesson that you should really read rather than presume

[AndyOrch]

Don't worry nothing lost...take your statement along with you and stick to the facts of your defence and statement. The court will then issue fresh directions and by date for both parties to exchange statements and evidence (which you have already completed)

After a court claim has been issued you submit a defence -tick

Then you receive a Notice of Allocation with Directions and hearing date (with mediation in between)failed -adjourned -tick

If the Notice of Allocation does not give directions (like yours) you have a CMC (Case Management Conference now called ENC)

The court will issue a further order with dates to exchange and a hearing date.

 

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[AndyOrch]

20 minutes ago, Nongki said:

I paid £270 for it to be adjourned

You shouldn't have paid £275 for an adjournment it does not require a hearing the fee should have been £110.

Raise that whilst your there also and ask for a refund.

[Nongki]

Thanks Andy

I will report how tomorrow goes

[Nongki]

Well, that didn’t really go how I was expecting.

Not sure what I was expecting to be honest but came out feeling very negative - that’s typical of me.

About half hour before the advised hearing time a suited guy approached me, introduced himself as the claimants representative and asked if I wanted a chat.

He then said he had been instructed to offer a final agreement of a 50% reduction. I politely advised that I was already considerably out of pocket for something I hadn’t done so wasn’t particularly inclined to pay out a further 650.

He advised that if it went to court then Adidas would “roll out a whole lot of evidence”, so to think about before going into the hearing.

Just before going into the hearing he asked if I had thought about the offer and I informed him that I was happy for the case to continue with no agreement.

Inside the hearing the Judge said if he was still a solicitor he would advise a client to come to an agreement and that my desire to pay nothing, whilst ideal is not often achieved.

I told him that with lost wages and the fee I had paid for an adjournment I was already out of pocket, and agreeing to pay £650 would mean I had lost £1000 on the strength of an accusation, not a guilty charge.  

He told me quite abruptly that it is not a criminal case, there is no accusation or a guilty verdict. The court is merely to decide if I owe Adidas the money or not.

He then asked if I had kept my receipts from the Post Office as proof of posting. I advised that under Adidas returns policy goods are received at the warehouse, condition checked, and refund paid. Once I had received refund there was no reason to keep the receipt, he just kind of shrugged his shoulders.

The Adidas rep then said that Adidas had advised that refunds were paid out before goods were received back at the warehouse, and that the goods were never received.

Judge then said he would put the case down for a 2 hour hearing.

Advised that I add to my evidence by inserting bank statements showing refunds and also proof of postage, which I had already told him I don’t have.

He then advised the claimant that he needed to clarify adidas returns policy

[jk2054]

sounds pretty standard

the offers step already shows he knows nothing.

Do as the judge said. when the matter is decided if you win you can ask for all your costs back

costs should be in case. Did he say that during his order making?

[Nongki]

He didn’t to be honest.

The claimants representative said to me, during our initial chat, that costs are capped in a small claims court so I wouldn’t get all my costs.

At that stage I thought, why is he talking about my costs if he is sure I owe them money.

Is it likely that the lack of proof of postage will go massively against me

[dx100uk]

sorry you should have been advised not to have little chats before you went in. its always done to intimidate and unsettle.

so time to get your bank statements then.

dx

 

[jk2054]

2 hours ago, Nongki said:

Is it likely that the lack of proof of postage will go massively against me

no 

[AndyOrch]

Mmm sometimes little chats can be invaluable to give a flavour of the strength of the claimants case as above 

On 01/03/2024 at 16:45, Nongki said:

during our initial chat, that costs are capped in a small claims court so I wouldn’t get all my costs.

Strange thing to raise 

 

On 01/03/2024 at 16:25, Nongki said:

Advised that I add to my evidence by inserting bank statements showing refunds and also proof of postage, which I had already told him I don’t have.

How did you pay for the postage ? 

Andy

[Nongki]

Adidas supplied a returns label, there was no cost involved only a drop off at Post Office

[AndyOrch]

On 01/03/2024 at 16:25, Nongki said:

He then asked if I had kept my receipts from the Post Office as proof of posting. I advised that under Adidas returns policy goods are received at the warehouse, condition checked, and refund paid. Once I had received refund there was no reason to keep the receipt, he just kind of shrugged his shoulders.

So once dropped off did the PO not even give a receipt...surely Adidas have some system in place with the PO to prove you did ? 

[Nongki]

A receipt would have been given at the time but once the tracking showed it had been delivered back to Adidas and my refund had been received there was no reason to keep the receipt. The tracking number would have showed when and where I dropped it off and followed its route back to Adidas

Edited March 4 by Nongki

[AndyOrch]

Then you need to insist that Adidas disclose their own internal tracking data...its for them to prove you didn't not you prove you did...but from your initial post of the last hearing this District Judge may be hard work to convince.

[Nongki]

Fortunately he won't be the judge.

He advised that, because he had seen that offers had been made, he could not be the judge.

He removed any offer letters from the case files and gave them back to Adidas rep.