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Wedding venue problems - want to cancel.

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  • beks
    beks Posts: 1,098 Forumite
    Thanks Tartantotty, its nice to know I am not alone :) and you are right, the advice and support I have had on here is overwhelming. I am nice and calm and relaxed now though, his lies and deceipt are not worth the stress. We will show him for what he is .... a liar and an arrrsehole!!

    EllBee - thank you! Again, I hope you are right. Yes, the court costs have added up - we paid £108 for filing the first court papers and an additional £100 for bailiffs. We could only claim £50 of that back though as it took us over the limit. I have no idea what happens to all the court costs now though as if he wins and his case can still be heard, the bailiffs fee has already been paid but cannot be used. So we are out of pocket. He has just paid £75 for his papers but he can claim that back off us if he wins.

    I so wish I could have brought good news and say we got our money back, unfortuntely we are just back to square 3 again!!!! This has to be one of the most frustrating things I have faced but you have all kept me sane and kept me going. Sorry to keep posting bad news and moaning lol!!!
  • poet123
    poet123 Posts: 24,099 Forumite
    I have done a few SCC cases (won them all, as they were all justified) and they are never easy, never predictable and always fraught. All I can say is that you need to keep on being tenacious, dogged and keep your mind on the fact that you are in the right. The ooposition will cheat and lie (that is why you are there in the first place!) they will prevaricate, and draw out the moment of reckoning to the nth degree in the hope that you will get stressed out and throw in the towel. You know you won't, but they are banking on it...quite literally.

    If you do go to the hearing, my best advice is to be calm, polite (through gritted teeth) and do not under any circumstances come across as anything other than the reasonable, wronged distraught bride to be, which is what you are.

    At one of my cases I thought I might be on shaky ground, but didn't rise to the bait of the nastiness of the other side, and the judge found in our favour and said part of his judgement was reached on thefact that we came across as the most reasonable and credible, and the Fireplace fitter came across as liar and a bully.

    Hang in there, and you will get justice.
  • alenax
    alenax Posts: 303 Forumite
    What a barstweard! I really hope you get your money back and everyone sees him for who he is! How can he claim it was sent to the wrong address if he clearly got the letter sent to that address?!

    If you do go to court I think poet123 gives great advice, don't rise up to the bait no matter how much you want to punch him in the face :D wait til he gets outside the courthouse where most of MSE brides will probably be waiting! Hehe
  • mrstrw
    mrstrw Posts: 38 Forumite
    Have just been reading your thread. You poor things. If the Court has listed a hearing then your H2B will be expected to attend, if he doesn't then he risks a judgment being made in his absence. There may be a duty solicitor at Court who may be able to help you. I'm not sure which Court you issued in and whether they would have a duty solicitor scheme. Make sure that you arrive at Court early so if there is a duty solicitor you are able to meet him/ her before the hearing. Duty solicitors generally assist at the hearing free of charge but will not continue to represent you unless you instruct them . Do you have any law centres in your area? They may be able to assist or at least give you some pointers.

    In court your H2B should address a district judge as Sir or Madam and a circuit judge as Your Honour. You and your H2B should remain calm in court even if the guy is talking utter balls. Pretty much as Poet 123 says.

    Is the address that you used for the proceedings the registered address on Companies House?
  • sarah_elton
    sarah_elton Posts: 2,017 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    beks wrote: »
    Thanks girls. Thats what I thought the letter from court was ..... got a nasty shock instead!!!!

    But just checked his website and the address which he says is wrong, is on his website. He says we used the wrong town but it is the same as on his contact us page ..... what???!!!!! It is also under that town as the royal mail postal address. Oh I am fuming!!!!

    Hey hon, I can't remember if I've posted on the thread before, but I've been reading and every time it's top of the page I think you've finally got the money.

    This is the most pathetic argument I've ever heard. Firstly, the website and more importantly the Royal Mail records are pretty damning! Secondly, if the postcode on a letter is correct it doesn't really matter if there's an error in the area/town (not that there was in this case). You can send a letter addressed to "House number and street", "postcode" and it'll arrive with no problems!

    I'm in the 'wary of publicity at this stage' camp (and down the line; what if this idiot has a family or friends who are equally nasty, who see you in the papers?), but as this saga goes on I'd be increasingly tempted to take the offer!

    Keep your chin up hon, you're doing an amazing job against him and I can't wait for the venue to go public (not worked it out) and it all to come crashing down on him. :mad:
  • I do keep wondering why the number of views keeps going up

    Although i haven't replied in the thread, i do read when i see it pop to the top of the page,

    and i was hoping that this was going to say, you'd got your cash back.

    good luck and keep your chin up
  • beks
    beks Posts: 1,098 Forumite
    Thanks poet123, laura.1984, alenax, mrstrw, sarah_elton and saint_chris.
    Have just discovered a problem, royal mail address is as he says :o. All other addresses are as we put on court papers (companies house and own website). Could be a problem but postcode correct and all other parts of the address. I really cannot see it having been delayed for over 2 weeks because of this. Gawd, I hope I am right!!

    I have written a letter to the court refuting his application to set aside judgement for following reasons:
    • All letters have been sent to the same address and there have never been any problems (including those sent by recorded delivery). Royal mail have never disputed the address. The postcode is also correct.
    • The address which court papers were sent to is identical to address on defendants contact us page on his website. If he is refuting his own address, he has the wrong information on his own website or he should be in comtempt of court for giving incorrect information.
    • The defendent only decided to argue the case once the warrant for execution was delivered. We believe that he believed we would not pursue it further (until he got the warrant)
    • We have not requested interest as we just want the return of our miney however, the longer this process takes, the more interest he is earning on our £4950!!
    • If the defendant has emailed and written to the court as he claims, we would expect to see evidence of this. We would also like to see the postmark of the caourt paper which was supposedly delivered late.
    We hope that his case is rejected on the grounds that he is obstructing court and has had ample opportunity to respond before this date. He has had a further letter from court in January but did not respond to this either. Phew, I think I have covered all angles!! :D
    Also, he requested for no hearing to decide this but court has requested a hearing which i think is a good thing. We will definitely be going to this hearing if you are correct and we can. Got to wait until 22nd March though!! :(
  • Horace
    Horace Posts: 14,426 Forumite
    What a complete stinker he is - how strange to wait until the warrant of execution has been issued before asking the judgement to be set aside. I think I am right in saying that if you have a website then you have to have the correct contact address on there. If the address that you have used is the same as on his website, his brochure and registered with Companies House then I don't see that you have a problem. He wants you to chuck in the towel but be calm and be like a tenacious jack russell (once one of them gets their teeth into you they don't let go:eek:).
  • beks
    beks Posts: 1,098 Forumite
    Horace wrote: »
    What a complete stinker he is - how strange to wait until the warrant of execution has been issued before asking the judgement to be set aside.


    Exactly!!! I really think he thought we would just forget about it and not pursue it!!!!
    Ha ha!! Little does he know we have the MSE groupees behind us!!! :) We will fight him all the way and win. My main aim is to fight this initial hearing so if we win that, we have effectively win the case and no more excuses! :D:D:D
  • mrstrw
    mrstrw Posts: 38 Forumite
    Double check but I think that the address registered with Companies House is the legal address for service of documents and so he should be stuffed.

    You are entitled to interest on the sum from the date of judgment at the County Court rate which used to be 8% don't let the swine get away with this. If you have to pay additional court fees etc to enforce it then do so as you should be able to claim these back. That said I would urge you to check with a solicitor who does civil litgation. Perhaps the one you went to at the CAB, at a local law centre or the one through your insurance.

    I can understand your H2B's temptation to get married abroad, we almost did but in the end had a very small wedding in a church followed by a michelin starred restaurant. The venue hire was £500 (we had our own garden, patio, dining room and inside drinks reception area and the cost included flowers, place names individual menus and canapes) and the food about £120 per person - there were cheaper options but we had 8 or 10 courses, the food was amazing, and service was fantastic and it was completely hassle free, I probably only spent 5-6 hours in total considering the restaurant. It was a real treat for all the guests and for my DH and I, I had wanted to go there for years and it came in a lot cheaper than lots of other places but I know other people prefer to have lots of guests and don't want to cut down the numbers.
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