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

[BankFodder]

Please don't send anything without running it past us first.

 

Here is a suggested draft of a conciliatory letter which you might want to consider

 

Quote

Dear Mr XXX

 

We have received the defence to our claim number XXX.

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 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. 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.

Only to send them this letter but not send them a copy of the application notice. I think that the proposed letter above gives them quite enough information.

[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

 

 

[BankFodder]

Please don't send anything off until we have looked at everything. In other words we want to do the application notice as well as the letter – and have it already. Once everything is in place then if we have agreed the letter then send it off.

Please don't send the letter without us having looked at and finalise the application notice. Don't be in such a hurry about this please

[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

[BankFodder]

I've just looked at the letter. I have made one important amendment in red and crossed out some text which should not have been there – probably my fault.

Also I've crossed out a load of stuff you've included the bottom about confidentiality et cetera. You don't need any of this. It looks like posturing and strutting. All you need is just a simple letter and that's it. Do not send it without prejudice. You must avoid without prejudice letters at all costs because they only hamper you later on.

Please correct the letter and then repost it here but don't post it until we have seen the application notice. Incidentally I suggest that you change your deadlines to Wednesday morning so that they now have until Tuesday afternoon to respond. I think you refer to your Monday deadline at two instances in the letter

[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

[BankFodder]

Okay, slight change of tack I've drafted up a form N244 but I suddenly realise that they could be to variations depending on whether or not the defendant agrees. Therefore I suggest that you send the letter immediately – by email and also by recorded delivery. Give them until Wednesday – and if you get an answer by then or if they failed to respond then we will send the appropriate version of the N244

 

Have you managed to find the version with my amendment in red and also the crossings out of some of your added text?

 

[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

[BankFodder]

I'm terribly sorry, but maybe something has passed me by. I didn't know that you would sue the DJ as well. If you have post up the claim form here then I'm afraid that with all the to-ing and fro-ing – this is now in six pages it is simply becoming too involved for a relatively simple matter

Can you tell us where you posted this claim

[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

[BankFodder]

Yes I think it will be a good idea to open a new thread about the DJ.

As I say, I was completely unaware that you decided to sue the DJ. Frankly I would have left it for the moment and done one thing at a time

[BankFodder]

Quote

A bride whose dream wedding plans were derailed by Covid-19 has said she is being denied her £16,000 deposit.

Alisha Rehman, 25, from Birmingham, was due to get married at Excellency Midlands' venue in Telford in July in a 500-person ceremony.

Official rules say couples affected by government restrictions have a right to refunds, but getting money back has proved difficult.

Excellency Midlands said the whole sector had been left "on hold".

Mrs Rehman cancelled her booking when restrictions were brought in and got married in a small ceremony in her mother-in-law's garden.

She said the pandemic meant it was not certain when a large-scale event could be held.

 

 

https://www.bbc.com/news/uk-england-54529132

[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 

[BankFodder]

Okay, on this basis I don't think you need to file a form N244. It's clear that they're not raising any objection if you wanted to add your daughter as a second claimant, but more importantly, they seem to accept that you are a beneficial third party under the 1999 Act. Although they say it's a matter for the judge – and which it clearly is – but they are not raising any objection.

In fact I have to say that they seem to be behaving quite decently on this particular point.

[BankFodder]

So that I don't have to go through the whole thread again, can you remind me – have you received the directions questionnaire?

[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?

 

 

[BankFodder]

Is Leicester County Court their local court? Where is your local court? It shouldn't have been transferred to their local court. It should have been transferred to your local court.

What happened to the directions questionnaire?

[intree]

I just want them to refund the money and close the matter I am not at all happy they just dont refund when they have not provided the service, so where do I stand as far as this goes as they clearly want to let the Judge make the order

 

Ours Is Leicester County Court They are in Nottingham BankFodder, we requested Leicester I think they wanted the application dismissed as they have stated they do not want to mediate or attend to give evidence in the response below

 

 

[BankFodder]

Well if it is transferred to your local court, I don't really see what the problem is.

Secondly, I've asked you twice about the directions questionnaire and you aren't answering me

[intree]

This was our response 

 

We have not had any further Directions Questionaire BankFodder

only Notice of transfer we have had nothing else

[BankFodder]

When did you send this off? And didn't it give you an opportunity to take any other requests?

 

[intree]

the last communication from the Court was posted above dated 12 October 2020, I have nothing else at all 

[dx100uk]

Intree

instead of putting up pictures to screen of a pdf everyone can see why not attach the pdf itself?

 

then only registered users can see things