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

[intree]

just received this response from the Court they do waste a lot of time and effort and its not fair

I have now resubmitted all the evidence with the Notice of Transfer and the N244 application via email, I have just had enough, is this justice working?

HM Courts rejection of N244.pdf

 

i just sent this by email sorry if I am angry but it really is not fair how the system works at all

 

Reissued due to Leicester County Court : ref XXXXXXXXXX - Civil Section (letter attached)

Please refer to the attached where this claim has been transferred to Leicester County Court,

We submitted the application attached and this was returned stating the claim is with Money claims, this must be incorrect as we have the letters to confirm that this is not the case.

Please can this matter be dealt with by the County Court as we can not understand why this has been returned as detailed, Please again attached the

  N244 Application for Leicester County Court reissued today from 23 October 2020.

1. Letter from Leicester County Court confirming transfer
2. Letter from Leicester County Court, rejecting the application which we have already send to Court by post.

 

Kind regards

[intree]

Hi Andy I have just logged on and found this email as I was at work until now

 

Does this mean I need to send in 3 copies of the letters and the application and £100 fee now again.

Case number: 164MC057

 

We have now got your file and has been transferred into Leicester County court,

 

Could you please resend the payment with your application triplicated so I can refer it to the judge.

 

When we first received your application and cheque your file hadn’t been transferred in however now it has so we can process your application.

 

Thank you

I will make 3 copies and resend them in again tomorrow Andy

I presume this will be dealt with now hopefully.

 

[intree]

Hi Andy

I have just received this from the Court, they have referred to my Daughter as Mr as opposed to Mrs but I am not going to raise that I will see what the Venue now does, I just dont know what the procedure now is, so I would be obliged if I can be assisted further with your kind help and thank you for getting me to this stage, I really am grateful to be seeing a light at the end of the dark tunnel now.

 

 

General Form of Judgment.pdf

[intree]

Thank you Andy

 

I will send the following after  your approval:

 

Leicester County Court

Fao District Judge

Leicester County Court : ref XXXXXXXXXX   Claimants Mrs xxxxxxxxxxxxxxx and Mrs XXXXXXXXX XXXXXXXX

 

I refer to the General Form of Judgement /Order for the above claim dated 6 November 2020, Please can the court records note that the 2nd claimant is Mrs and Not Mr, please can the records be amended.

 

Further to the Order, we are not advised the that the amended particulars of claim have been issued or whether we should serve a copy on the defendant. Please can the Court confirm:

 

1. Please can we be informed if the court intends to serve the amended particulars 
2. issue further directions in this claim as we have not been informed.

We thank you for your assistance, and would be obliged if we can be notified as soon as possible.

 

Kind regards

 

Claimants

 

 

[intree]

Thank you Andy I will send this now by email

[intree]

Its just so distressing Andy that this Venue is putting us through all this extra cost and distress. when all they have to do is refund the money but the refuse to accept the CMA guidelines and now we are at stage one again, trying to recover which is rightfully our money which they have had for the last 19 Months, and incurred not costs for us or provided any service, this Injustice they are causing is wrong, I am not sure what defence they will now raise this is very stressful indeed.

 

thank you for your help to date.

[intree]

Thank you Honeybee for this, I have just logged on for first time as been dealing with Covid in family, we have still not heard anything from the Court so we as just as lost as everyone else in this story.

[intree]

Hi Andy

I have just been given my works travel and work times, I will be travelling for work in January so will not be available for a Court Hearing until 27 January 2021, after 27 December 2020, please can you advise my next steps and do I need to inform the Court of this and do I just write to them now?

 

Thank you for your help

[intree]

Hi Andy no I have not received anything from the Court at all, further to my email on 18/19 November 2020.

 

I have just been told the working pattern from my employer so was just thinking I should tell the court I am not available on the dates above as I will be working away from my local area.

[intree]

Thank you Andy, I will wait and let you know when this arrives.

 

[intree]

16 hours ago, Andyorch said:

 

keep checking with the court to see if they have served the amended particulars...or if the court wants you to serve them.....until this happens it wont go to allocation.

Hi Andy

 

I have just checked the post again, I can confirm they have served the particulars on 24 November 2020, a copy was sent to me and my Daughter and I presume it was sent to the other side too, it was a copy of the application and the attached order for adding my daughters name and the costs, there was nothing else included, I have not received anything else from the Court after my email above to them asking for the Name to be corrected etc as in post 148 

[intree]

Thank you for your reassurance Andy, I am lost for words on how this Venue has behaved to date, they are just greedy and do not care at all about the Bride, groom or parents and what we have had to do to save this money, and then not been able to give our daughter the wedding we saved for, and now they just play a game with the Court claim.

 

I just hope the CMA are going to help other in a similar situation to us, as this is not right at all.

 

Thank you for your help Andy.

[intree]

Thank you dx100 I will try and get my son to sort it out again I did post up the PDF but it did not attach so copy and pasted it, I will of course ask him to stop the Pop up blockers he has put in to the web.

 

Thank you Andy, do I just send the particulars of claim, we sent to the court as before and can I send these by email or will they need to be Recorded delivery, do I send to the Court or to the defendants or 3 copies to the Court, sorry for all the questions.

 

General Form of Judgment or Order cag.pdf

Edited December 15, 2020 by intree

[intree]

he has removed the Blockers so hopefully this is now in PDF dx100, please let me know if it can be seen

 

So shall i type this up and send again Andy?

 

In the Leicester County Court

County Court

90 Wellington Street

Leicester

LE1 6HG

 

In the Leicester county court Claim, No 164MC057

 

Claimant/s......... V        Defendant.........

 

Amended particulars of claim.

 

The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on 19 April date 2019 in respect of a frustrated contract for a wedding venue for 350 Guests booked for the 23 May 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The leading claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest and costs.

 

Statement of Truth

 

I believe that the  facts stated in the particulars of claim are true.

 

Signed

 

Dated this day xxxxx

Edited December 15, 2020 by intree
particulars of claim to be served

[intree]

Thank you Andy, I will get this done first thing on Monday 21 December 2020 as the deadline if for 22 December 2020.

[intree]

15 minutes ago, Andyorch said:

I personally would do it now...Monday is cutting it a bit close.

Thank you Andy I will send it now, as I have a hour free.

[intree]

Hi Andy and Forum Happy New Year to all.

 

I can confirm that I have received their embarrassed type defence from a Firm of solicitors in Liverpool on their behalf,

 

making up various facts including that we agreed a new contract with limited guests,

and then cancelled the contract with only 34 days notice,

 

they seem to be implying that we have no claim as we cancelled the contract and it was not frustrated at all and they are entitled to 75% fees, and no costs can be claimed by us,

 

I have been trying to upload the document, but I am having difficulty as it is some 4 pages long, I am trying to load these up in the Forum by Sunday.

 

Thank you all

[intree]

Thank you for this information these are merged now, please can the names and identifiers be removed after reading as the system would not allow me to blank out the names.

 

 

 

216845391_RedactedSodaPDF-merged-MergingResult.pdf

Edited January 2, 2021 by BankFodder
document redacted

[intree]

Thank you HB i just did upload the documents which were previously blanked out, but for some reason the blanking was removed when uploaded so rather than get things more confusing I uploaded them as soon as they have been read I will remove the ones which identify the names on the documents and leave the previous ones.

[intree]

Hi Andy 

No we have never been informed of a change of representative or if these are new representatives for Goosedale, we just received the 5 pages attached no other letter or contact in a unmarked unrecorded envelope.

 

I can not understand how they can just make up facts and send these to the Court as they have, then sign a statement to say its the truth?

 

I will not do anything to respond and will again just follow the advices from the Forum as alwaya.

 

Thank you

[intree]

Thank you for your response Andy I had left my laptop logged in all day

 

I can confirm that I propose to write the following as per the advice :

 

The Leicester County Court

Leicester

 

 

Claim no XXXXXX

Claimants XXXXX XXXXXXXXXXXXXXX V Goosedale Ltd

 

Dear Sir/madam

 

We are the Claimants in the Case, we would be grateful if the Court can:

 

1) Provide a copy of the defence from the defendant, which was to be issued by the 5 January 2021.

2) Confirm that the Defendant have sought permission from the Court to use/change Legal Counsel.

3) Note that we wish to proceed with this claim.

 

We await the Directions questionnaire and the response to the above as soon as possible.

 

Kind regards

 

Mrs XXXXXXXXXXX Miss xxxxxxxxxxxxx

 

 

 

[intree]

Thank you Andyorch I will send this off immediately to the court with the amendment made above.

 

I will of course keep the forum updated as soon as any response is received.

[intree]

Hi Andy I can confirm that the Court has listed the claim for a Hearing and we are to submit the DQ before 25/01.

I can post the information on the forum if this is confirmed here.

 

We will be fully disputing the defence as confirmed by BankFodder and the previous postings, as the defendants have ignored the LBC and the Guidance from the Government since March 2020.

 

Indeed the Defendant has confirmed already the contract has been frustrated, but went on to confirm that he wished the claim to proceed before a Judge to make the Judgement as he did not wish to comply with the Competition and Markets Authority advice in this matter which was sent to him in March and also again in September 2020, this is unreasonable conduct and will be dealt with at the Hearing.

 

We have incurred costs and distress and also inconvenience to date, as well as further waste of Court time and our time in this matter, 

https://www.gov.uk/government/news/covid-19-refunds-cma-warns-wedding-firms-over-unfair-practices

https://www.gov.uk/government/news/covid-19-cma-to-investigate-cancellation-policy-concerns

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/915278/Open_letter_to_Weddings_providers_7sept20.pdf

 

We also will be asking for costs in this matter and Litigant in person costs and would be grateful for advice in this from the Forum,

 

we can confirm that we are indebted to the Forum for its assistance, in this matter and hope that other parents, brides and grooms will take their claim to the Court and consider the advice of the Forum here and not let these companies keep money which they have not provided any service for or indeed have any intention to provide, this is illegal as confirmed by the CMA.

 

this was confirmed in the statement below in April 2019.

 

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

[intree]

We have now received the AQ from the Court as attached, I can confirm that my emails have been down since last week and I have not been able to upload further documents as this is not going to be resolved until they have a engineer to come repair the system.

 

I attach the order received from the Court 

Directions Questionaire Goosedale CAG.pdf

[intree]

Hi BankFodder, my emails are all down until Saturday, as Virgin have not been able to send a engineer out to repair the cables, I have logged into my sons account and accessed this website and just found this message, I will of course email the above address as soon as the emails are working which I am advised will be by 3pm Saturday 16 January 2021.

 

I am in the process of doing the AQ and will of course send this as advised by Andyorch by 25 January 2021 to the Court, I am also awaiting the courts response to the failure of the Defendants to follow the procedure regarding change of the defendants legal advisor. please can I be advised do I need to respond defence which came with the DQ, or leave the response as the claim is proceeding to Court. I will keep checking this site periodically as I am not receiving any notifications to my virgin account as advised until 16/01/21.

 

I can confirm that we have reported Goosedale to the CMA and they have also requested further details to investigate this company.

Edited January 14, 2021 by intree
DQ