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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Morning, A customer who did not show up for Christmas Lunch

Customer Question

Morning,
A customer who did not show up for Christmas Lunch last year, despite booking through open table website, has taken us to court, my accountant sent a letter to the court explaining that we are only a small business and could not afford to attend (this was on 18th August), Myself, I was on Holiday in France, the court went in favour of the customer,
and we are asked to pay £385 by the 1st of September 2014, How do we appeal this decision?
Thank you for your advice in this matter
Kind Regards,
Xavier Le Bellego
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Does the Judgment say that it is a "Default Judgment"?

What exactly did the customer sue you for?

Kind regards

AJ
Customer: replied 3 years ago.

Hi,


The form says General Form of Judgement or Order


 


 


At a hearing on 18th August 2014


Before District Judge Pigram sitting at the County court at Bow, 96 Romford Road, stratford, London, E15 4EG


Upon hearing the Claimant in person and the Defendant not attending


it is adjudged that


1.The Claimant recover against the Defendant the Sum of £200 for debt and interest to date of Judgement and £125.00 for costs amounting together to the sum of £325.00


2. It is ordered that the Defendant pay to the Claimant the Sum of £325.00 on or before 1 September 2014.


 


The Customer did not show up despite us trying to confirm his table on 3 or 4 occasions, he is saying that he had to buy a dress for his wife and that he had to go somewhere else for lunch because he could get to our restaurant, This is totally incredible


 


Regards,


Xavier Le Bellego


 


Forburys Restaurant

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Did you initially respond to the claim with a defence?

Kind regards

AJ
Customer: replied 3 years ago.

hi,


 


yes we did


 


Regards,


 


xavier

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Unfortunately this will probably involve you having to lodge a formal appeal as opposed to just having the Judgment set aside.

I need you to tell me a bit about the nature of his claim and what your defence was?

Kind regards

AJ
Customer: replied 3 years ago.

Hi,


 


My Colleague who has all the paper work is away until sunday, so a bit difficult to tell you all the details now,


What happens if we do not the fee by 1st September?


 


Regards,


 


Xavier

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you do not pay the fee by 1 September 2014, he will be able to commence enforcement proceedings. For example send in the bailiffs. It will also appear on the Company's credit records.

In all honesty if I were you because this Judgment was made on the 18 August, if you just pay it within 28 days you can apply to have it removed entirely from the Company's credit record. I would then just then review your terms and conditions to ensure they exclude liability for any indirect and consequential loss your customer suffers from the cancellation of a booking is excluded in the future, also make sure you always send a representative to go to the hearings - accept this as a lesson learned. Just to note as a defendant you are entitled to insist that the hearing is held in your local county court. The time and expense you would spend on an appeal will probably make paying £325 (even begrudgingly) a practical option.

When your colleague returns can you send me the details of the claim so I can explain the appeal procedure?

Thank you

Kind regards

AJ
Customer: replied 3 years ago.

Thank you,


 


regards,


 


Xavier

Expert:  Alex J. replied 3 years ago.
Thank you.

I look forward to hearing from you.

Kind regards

AJ