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

[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.

[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

[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

[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.

[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

 

[Nongki]

Not yet

[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

[Nongki]

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

[Nongki]

275 quid to apply for case to be adjourned !!

[Nongki]

Argh, didn’t know that

[Nongki]

Good afternoon.

 The Court will require a formal application and the relevant fee to   adjourn the hearing listed on the 3^rd January 2024.

 The form required is a form N244, and the relevant fee of £275.00.

 You can consider contacting the other party to see if they would be agreeable to  adjourning the hearing.  If so, the parties could file a consent application, and  draw up a draft Order.  The application again would be a form N244 and the relevant fee for a consent Order is £108.00.

[Nongki]

What happens if one of the parties fails to submit evidence within the 14 days prior to court ?

[Nongki]

Neither. It’s another case on a different forum

Court date is 23rd November and DWF have not supplied defendant with anything

[Nongki]

They are supposed to supply you with any documents they intend to rely upon in court, no later than 14 days before the court date

[Nongki]

Apologies, just got back from a month out of the country yesterday. Tried replying while out there but firewall prevented me, there was a link which was to get around the firewall but that didn't seem to work

By way of update, at my request date was adjourned until 1st March. So will hoping to get some assistance in putting my evidence together at some stage please.

Strangely, I returned to a letter from DWF saying that the case had been moved to 1st March, 10:00am at Liverpool Court. Double checked my paperwork and it is 1st March, 10:00am, but Newcastle, certainly not in Liverpool.

They went on to say that the court had expressed a desire that we come to an agreement without the need for a court case, and very kindly (NOT) had offered me the chance to pay a reduced amount of £1000 before end of January. Surprisingly I wont be taking them up on this.

Should I reply to them to advise on both the above, or just ignore. The court location could be a typo of course, or could mean they turn up at the wrong court

[Nongki]

I have today received a further letter from DWF, once again stating that the hearing is taking place in Liverpool. I have double checked this with Newcastle County Court and it is definitely taking place in Newcastle

This time they have made a final offer and are willing to accept 750.00, which I will obviously decline

Back on post number 12 the offer was made to assist in “sharpen” my defence and I guess I am at that stage now so calling out for any assistance you can offer please

[Nongki]

Yeah, apologies, I meant witness statement

1st March is new hearing date and WS 14 days prior

[Nongki]

Thanks Andy, much appreciated

Is it advisable to reply to them declining the offer ?

[Nongki]

Cheers Andy

Just along the lines of ......  thank you for the offer but, as I am innocent of your accusations, I will kindly decline

[Nongki]

Dear Sirs

 

Whilst I appreciate that all parties would prefer to avoid a court hearing I hereby decline the Final Offer.

 

I recently paid a fee of £275 to have the hearing adjourned and moved to the new date, hardly the actions of someone who feels they are liable for the costs alleged by your client.

 

Likewise, the generous discount offered to the alleged amount claimed must surely add suspicion that the said figure is, at the very least, questionable.

[Nongki]

cheers

[Nongki]

Yes it was

the first one, where they offered to acceot £1000, 11th Jan wasn't

second one, dropped to £750, 5th Feb was

Edited February 8 by Nongki

[Nongki]

cheers again

[Nongki]

Hi

Would it be possible to have a look at advising on witness statement please. By my working out needs to be with them this friday latest

Thanks

[Nongki]

Brilliant, thank you