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

[intree]

thank you BankFodder

 

So shall I write to the Court as above and include your submission in #83  and the evidence stated in #85 above, or wait until the Hearing - I can just write to the Court and ask the Judge considers this under thier own motion, to save costs time and a hearing?

 

or 

 

Wait until the Hearing and see what the Judge says and then submit the Application.

 

Just this to clarify would be a help I can then post up the full submission letter I will send to the Court.

 

I can confirm that I will need to represent my Daughter in Court as she will move abroad, but will be able to provide statements to confirm that the contract she has signed is Frustrated and the money needs to be refunded.

[intree]

2 minutes ago, BankFodder said:

Make sure that anything you write to the court is sent by recorded delivery at least – next day special delivery would be better.

If you are close to the court then I would also suggest that you take a copy in by hand. Of course make sure that the reference numbers or claim numbers appear on whatever you send

 

of Course BankFodder

they do have a email too ? 

hearings.leicester.countycourt@justice.gov.uk

 

but I can send recorded delivery no problem, I will wait for your post up and attach the evidence and post up before I send by tomorrow

4 minutes ago, BankFodder said:

Make sure that anything you write to the court is sent by recorded delivery at least – next day special delivery would be better.

If you are close to the court then I would also suggest that you take a copy in by hand. Of course make sure that the reference numbers or claim numbers appear on whatever you send

Please can you let me know which amendments need to be added and can I include the without prejudice letter they sent to my daughter?

[intree]

13 minutes ago, Andyorch said:

You have not yet received your Directions Questionnaire or submitted ?

The directions Question was sent back on 7 October it just asked if I wanted the claim to continue as there was a defence, I have not received anything else at all other than the letter from the Court about the Transfer of proceedings as Directed by the Judge to Leicester County Court?

 

I dont know what else is coming I just read through all the comments made over last week and was concerned about what I should do, hence I posted up if I need to write to the Court?

[intree]

13 minutes ago, BankFodder said:

In addition to the question that my site team colleague has just asked you above, what bearing has the letter to your daughter on the application that you are making to the court as regards your status as a claimant?

Could we see the letter please. Post it up in PDF format

It is a letter to my daughter stating no refund will be given but they accept the Frustration of Contract, this has been posted up above, I have to refer to this in a short while I am just looking into where it is

[intree]

4 minutes ago, BankFodder said:

Presumably you responded to the DQ?

 

 

Yes I advised above I want to continue with the claim, then the transfer came to Leicester which I posted up above

[intree]

Just now, BankFodder said:

 

Are you actually saying that your daughter has received a letter in which the defendant agrees that the contract has been frustrated?

Please let me try and load it, they accepted it has been frustrated but advised the only a Court can make a Decision and they do not accept the CMA Guidelines I am looking into where it has been posted as I have to reedit everything if I do it again, please bear with me

[intree]

Just now, BankFodder said:

But I have to say that you are drip feeding important information to us. It's very unhelpful. A lot of time is being spent here and we are only discovering new information by accident.

Please will you make sure that your file is in order and let's have the information we need

No no certainly I have mentioned and posted up the letter in #43, I will post this up again, I have also informed the Forum of the defense and the facts all which pertain to the matter, I have not hidden any facts or pointers, only where i can not delete names in a document they have not been posted up

[intree]

1 minute ago, BankFodder said:

I'm sorry, but I can't find the post containing the letter to your daughter. Could you post a link to it please. You do that by clicking the post number and then copy the URL

We've seen the defence but I wasn't aware of the letter to your daughter

 

without prejudice.pdf

[intree]

I have uploaded the letter again, I am sure this was giving problems last time, I have not hidden any facts for me to do so would be wrong, as I am just seeking the best help for a situation where I have lost my life savings for a wedding I could not give to my daughter, I am currently on medication to assist me so I apologise if it appears I am doing something which is not intended at all

 

[intree]

Thank you BankFodder I am just collecting myself, I will do this tomorrow morning, as stated and post this up here, I will then send the application as confirmed after you have had a look fully and commented I will attach the letter and also confirm the details.

 

I shall post up the final version by 13.00 tomorrow

 

Thank you again it has not been easy at all sending my daughter off without any celebrations or what I had hoped to give her since she was 15, but instead be fighting for money that I saved for such intentions since May 2020.

 

 

[intree]

50 minutes ago, intree said:

Thank you BankFodder I am just collecting myself, I will do this tomorrow morning, as stated and post this up here, I will then send the application as confirmed after you have had a look fully and commented I will attach the letter and also confirm the details.

 

I shall post up the final version by 13.00 tomorrow

 

Thank you again it has not been easy at all sending my daughter off without any celebrations or what I had hoped to give her since she was 15, but instead be fighting for money that I saved for such intentions since May 2020.

 

 

Letter re attached without our names

without prejudice.pdf

[intree]

I propose the following

Claim No

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

                               Mrs XXXXXX XXXXXX V GOOSEDALE LTD T/A GOOSEDALE

Application notice 

 

Dear Sir/madam

 

In accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4 we ask that the Judge allows the addition of the claimant Mrs XXXXXX   XXXXXX   to the Claim and under Rule 19.2(4) and ask the Court to allow this in the Interest of Justice.

Mrs xxxxx  xxxxxx

This is to allow the matter to proceed to Court and save costs and time of the Court in the event that the matter will be heard at the County Court,, we duly attach the signed confirmation of the new Claimant who authorises Her addition, this also confirms she asks me to represent her in Court and against all actions against the defendant.

In support we confirm that the First Application:

The applicant has named themselves as claimant in this action as they are entitled under the Contracts (Rights of Third Parties) Act 1999 to enjoy all the rights of a directly contracting party. The applicant is the mother of the bride and in fact is the person who is responsible for the entire organisation of the wedding celebration and its arrangements and who is also paying for the entire event.

The defendant has responded to the claimant's particulars of claim and has defended on the sole point that the applicant lacks locus to sue.

Although the applicant does have locus under the 1999 Act, for the avoidance of doubt, the applicant is now formally seeking to add her daughter as an additional claimant to the action.

The addition of a second claimant does not alter the cause of action in any way. The facts are exactly the same and the applicant does not propose to make any further changes to the particulars of claim at this point.

On that basis, the addition of a second claimant is merely intended to clarify the position and is purely a technical alteration - and as no new issues have been raised in the particulars, there is no necessity for the defendant to make any further response to the claim.

It is in the interests of justice that you be allowed to proceed with your claim either on the basis of your third party rights or with an amendment which is purely technical

 

 

Application to Strike out Defence abuse of Court Process Second application:

We specifically refer to their defence in which they implicitly admit that the contract is frustrated and that by way of evidence we are supplying their letter dated  xxxx in which not only do they acknowledge that I am a close family member and therefore likely to be a beneficiary, but also they make it clear at paragraph XXX – highlighted – that they agreed that the contract is frustrated.

On this basis, the defence lacks any validity and you request that the defence be struck out and judgement given the entire sum plus costs plus the cost of this application

The Defendant has defended purely on the issue of the status of the claimant. The substantive allegation in the particulars of claim that the contract is frustrated has not been addressed and is therefore admitted by the defendant.

Accordingly, it is requested that the court enters judgement for the claimant with an order that the defendant pays the judgement sum forthwith, including Costs and interest. This will prevent further waste of Court time and costs which will be incurred for a claim which has been admitted by the defendant (please refer to attached)

 

.Costs:

As this application is merely a technical clarification but the claimant maintains their position that they are entitled to sue under the Contracts (Rights of Third Parties) Act 1999, and as the amendment proposed by this application raises no new issues, and as the defendant has not defended on any substantive issues raised in the claim, it is requested that the court orders that the costs of this application follow the judgement.

 

 

 

Kind regards

 

Mrs XXXX  XXXXXXX

if this is all good please advise I WILL  post this out tomorrow by 13.00hrs by recorded delivery and post up the final version

 

Thank you 

[intree]

1 minute ago, BankFodder said:

I think you might be better off downloading a form N244 and then working from that. Although in theory there is nothing to stop you making an application by means of a letter, I think that it may not be appreciated that it is a formal application.

Start off with the proper court form and then you can attach extra evidence and also your statement

thank you yes of course this is just a draft if it can be agreed and the wording is all ok I will post it tomorrow and put up the application and letters by 13.00 tomorrow

 

[intree]

Thank you I will do this by tonight, on the N244 and post up before sending the final version tomorrow 13.00hrs

 

I will notify the forum as soon as I have completed this after work tonight

[intree]

This is the letter I will attach to the Court too

 

 

Claim No xxxxx

Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

                               Mrs XXXXXX XXXXXX V GOOSEDALE LTD T/A GOOSEDALE

Dear Sir/madam

 

In accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4 we ask that the Judge allows My name to be added to the Claim number XXXX in addition to Mrs XXXX XXXXX

I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above and also confirm this by the attached Document, which confirmed from the defendant, that the Contract has been frustrated.

 

Mrs xxxxx  xxxxxx

2^nd Claimant

[intree]

9 minutes ago, BankFodder said:

I'm just thinking over this, and I think it might be to your advantage to prepare the N244 and then to write a nice letter to the defendants, pointing out what you are proposing to do and suggesting to them that if they consented, it would save a lot of time and a lot of hassle for everybody including them and the court.

Frankly it would be very sensible of them to consent and if they did then that would probably just about bring an end to the litigation. On the other hand if they objected, then I think that we would include this in the application notice and point out to the court that you had sought to discuss this with the defendants and they were being uncooperative and this was a further reason why costs should be awarded in your favour.

I think this is the correct way to go

I agree I will send this letter tonight and post up I will email them so they cant say they did not receive it also send by recorded delivery, then do I give them 7 days to respond before I send the N244 BankFodder?

 

[intree]

Thank you I will just send this letter tonight and give them 7 days to respond by email and also by recorded delivery tomorrow morning,

 

I will not complete the application to send but will post it up here by 13.00 tomorrow, I will only send anything into Court now and only to Court with the permission and agreement of the Forum

 

Thank you all so much

 

 

[intree]

hi I have just amended the letter which I will send once it has been approved via email or recorded delivery as advised

 

 

Dear Mr XXXXX

                                                     Mrs XXXXXXX V Goosedale Ltd T/A Goosedale

We have received the defence to our claim number XXXXXXXX

I note that the basis of your defence is a technical matter which is that you say that you did not have a contract with me but rather it was with my daughter.

In fact, I shall be relying upon the Contracts (Rights of Third Parties) Act 1999 which gives me complete contractual rights equivalent to the principal contracting party because I am a class of person who is a beneficiary under contract.

I’m sure that you are aware that wedding celebrations are large affairs, involving the close family and generally speaking paid by the family of the bride.

In your letter of 23 September 2020, you correctly identified me as the mother of the bride – so it is clear that you recognise my involvement and my role in the wedding organisation and the wedding celebration

The fact that the person who actually entered into the contract with you was my daughter, by no means simply reflects the fact that as with most wedding arrangements, it is part of a large joint operation shared by a number of parties and in which particular tasks are allocated to particular individuals.

If you look at the Contracts (Rights of Third Parties) Act and also in any litigation protocols you will find that there is no requirement for the 1999 act to be specifically pleaded. And as I have already said, your defence is based on a purely technical matter which does not affect the substantive argument that the contract has been frustrated by events and by legal obligations.

However, in order to put the matter beyond doubt, I am making an application to the court to add my daughter as a party formally to the litigation in the event that the court considers that I should not be treated as a class of beneficiary as contemplated by the 1999 act.

I am writing to you as a matter of courtesy to inform you that I have prepared this application and I shall shortly be filing it with the court. I think it is beyond doubt that the court will agree and so the purpose of this letter is to ask you if you will consent to this order being made which will save time and expense to all parties and also a great deal of inconvenience to the court.

I’m preparing to file the application notice with the court next Monday 19 October 2020. If you agree to the order then I shall inform the court that the whole matter is by consent. In fact it would be easier in that case if you would simply indicate that you have lifted any objection to me being considered as a third party under the 1999 Act.

If you decide to maintain your objection then I shall be filing my application notice with the court and also a copy of this letter.

I do hope that we can cooperate on this. I appreciate that it is not your fault that these events have had to be changed and cancelled – but neither is it mine.

It is clear that this is a frustrated contract.

It’s all very unfortunate time for everybody but I do think that cooperation rather than conflict is the only way to manage it all.

This message may contain confidential information. If you are not the intended recipient please inform the sender that you have received the message in error before deleting it.

Please do not disclose, copy or distribute information in this e-mail or take any action in relation to its contents. To do so is strictly prohibited and may be unlawful. Thank you for your co-operation.

I will await your response by 10 am  Monday 19 October

Mrs Kulbir Johal

[intree]

I attach the letter to acompany the N244 as statement and application as the wording could not be put in just one box, this is on a additional sheet where all details will be added on confirmation. the attached claim will be posted after the application but attached to it on sending.

 

In accordance with rule 23.3 and, unless the application is made under rule 19.2(4)1, be served in accordance with rule 23.4 we ask that the Judge allows the addition of the claimant Mrs XXXXXX   XXXXXX   to the Claim and under Rule 19.2(4) and ask the Court to allow this in the Interest of Justice.

Mrs xxxxx  xxxxxx

This is to allow the matter to proceed to Court and save costs and time of the Court in the event that the matter will be heard at the County Court,, we duly attach the signed confirmation of the new Claimant who authorises Her addition, this also confirms she asks me to represent her in Court and against all actions against the defendant.

In support we confirm that the First Application:

The applicant has named themselves as claimant in this action as they are entitled under the Contracts (Rights of Third Parties) Act 1999 to enjoy all the rights of a directly contracting party. The applicant is the mother of the bride and in fact is the person who is responsible for the entire organisation of the wedding celebration and its arrangements and who is also paying for the entire event.

The defendant has responded to the claimant's particulars of claim and has defended on the sole point that the applicant lacks locus to sue.

Although the applicant does have locus under the 1999 Act, for the avoidance of doubt, the applicant is now formally seeking to add her daughter as an additional claimant to the action.

The addition of a second claimant does not alter the cause of action in any way. The facts are exactly the same and the applicant does not propose to make any further changes to the particulars of claim at this point.

On that basis, the addition of a second claimant is merely intended to clarify the position and is purely a technical alteration - and as no new issues have been raised in the particulars, there is no necessity for the defendant to make any further response to the claim.

It is in the interests of justice that you be allowed to proceed with your claim either on the basis of your third party rights or with an amendment which is purely technical

 

 

Application to Strike out Defence abuse of Court Process Second application:

We specifically refer to their defence in which they implicitly admit that the contract is frustrated and that by way of evidence we are supplying their letter dated  xxxx in which not only do they acknowledge that I am a close family member and therefore likely to be a beneficiary, but also they make it clear at paragraph XXX – highlighted – that they agreed that the contract is frustrated.

On this basis, the defence lacks any validity and you request that the defence be struck out and judgement given the entire sum plus costs plus the cost of this application

The Defendant has defended purely on the issue of the status of the claimant. The substantive allegation in the particulars of claim that the contract is frustrated has not been addressed and is therefore admitted by the defendant.

Accordingly, it is requested that the court enters judgement for the claimant with an order that the defendant pays the judgement sum forthwith, including Costs and interest. This will prevent further waste of Court time and costs which will be incurred for a claim which has been admitted by the defendant (please refer to attached)

 

.Costs:

As this application is merely a technical clarification but the claimant maintains their position that they are entitled to sue under the Contracts (Rights of Third Parties) Act 1999, and as the amendment proposed by this application raises no new issues, and as the defendant has not defended on any substantive issues raised in the claim, it is requested that the court orders that the costs of this application follow the judgement.

 

 

 

Kind regards

N244_web_0818.pdf

[intree]

I await the amended letter to be posted up as I cant see the amended IN RED in the posts at the moment and will then send it tomorrow and will make the changes etc, I had just added the confidentiality part as it was in the original text I did not add this at all, so may have been mistyped up by me, but not intentional

[intree]

Hi please can I also be advised on this matter,

I have now received the defence from the DJ indicating that I have no claim against them as they are not party to the Agreement, I can post up the details on a new post,

 

they are also Using a technicality stating I am suing the wrong party but as confirmed in clause 10.1 of the booking contract, they are the party to the claim, so not sure what they are defending,

 

We have asked for a refund since September 19 2020 and sent a LBC - they did not acknowledge this and have refused to Refund the Deposit of £500 hence the claim, which I submitted including interest and fixed cost,

 

the claim has not been allocated to Track,

I have just requested the claim be heard via online allocation questionnaire and this was due by Monday 19 October 2020.

 

This is their Defence :

166MC442-claim-response.pdf

[intree]

I can do this today if thats ok, but I think I just did not make it clear at the time as there was so much going on and I was also arranging and rearranging my daughters wedding at a very difficult time, as well as dealing with these refusals to refund by the DJ and the Venue

[intree]

Hi BankFodder I can confirm that both the email and the Recorded delivery letter was delivered today and attach the tracking here.

https___www3.royalmail.com_track-your-item#_tracking-results_NJ471660458GB#print.pdf

[intree]

Email received from Goosedale today - Thank you for all advice in advance 

[intree]

Hi BankFodder yes we received the notice of Transfer of proceedings, as the defendant stated we could not bring a claim under my name, it was seen my a district Judge and transferred to Leicester County Court,  as follows: I can confirm  I really dont want to go to Court but they are refusing a refund so what do I now do?