Restart a civil claim

[Barbarah]

You've mentioned in those particulars of claim about the problems with the original claim. So I assume they are the current particulars of claim?

What were the Particulars of Claim used in the first case that were struck out.

And do you have a copy of the original strike out order?

Did you go through the full complaints process with Weatherspoons and issue a letter before action before issuing the claim?

Hi Amethyst

So the original POC were:

"I flew from Gatwick on 11/4, bought a meal at the Flying Horse. I was given the wrong time and had to leave the meal to catch my flight. I contacted JD on Facebook to get my refund, and they were arranging, then they blocked my account for no reason. I called their 0844 number on 19th April and spoke to a female receptionist for the first time, who was insistent she had just spoken to me, accusing me of lying. I swore, angry, and she hung up on me. I called again. I told her I would take legal action, and asked for escalation. This idiot lady repeatedly terminated my calls. There were a total of 58, from abroad I recorded all of them. I am FURIOUS. I am sure they record their calls too, so they can confirm the truth, then refund my meal and £155 call costs, or answer to a Judge. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/04/2018 to 19/04/2018 on £170.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.03."

The original strike out order states the Court basically states the Court strikes out on own violation, due to lack of cause of action, and 7 days to ask to stay, vary etc.

Only I was on holiday when this was sent, so could not get a request in to the Court within those 7 days.

Most interestingly - I just spoke to the Court - they have sent me a copy of a letter that this man at Wetherspoons sent them, which he alleges was also sent to me - First class post - asking for further information on my case, clarification, etc.

I never got a copy of this letter.

A week later it was struck out.

Regarding a letter/complaint before action - this was not possible, because every time I called their head office to complain their damn receptionist would hang up on me.

Also, remember, I thought I'd been purposely blocked on Facebook, and couldn't even get a word in edgeways ot discuss the matter with them, because of BAD RECEPTIONIST.

rob I take onboard your comments on my aggressive behaviour, but I think it is understandable. I have been treated appallingly, not least by BAD RECEPTIONIST who hung up on me every single time I tried to talk to her, and by the dick working in Wetherspoon's legal department. He sent me an email basically gloating when the claim was struck out.

I do think that the second bite of the cherry link you sent me is helpful. It cannot be argued that I have originally abused the Court's process. I was given no opportunity to amend my POC, and it would seem now that the Defendant failed to send me a letter he states was sent, misleading the Court that I have basically failed to follow the CPR in responding.

[Amethyst]

Okay this will be a problem

"I flew from Gatwick on 11/4, bought a meal at the Flying Horse. I was given the wrong time and had to leave the meal to catch my flight.

I didn't eat a £17 meal in Gatwick Wetherspoon. It came cold and I had a flight to catch. I was told I'd be refunded.

The first claim you state you had to leave without eating your meal due to needing to catch your flight as you had been given the wrong time .... however then in your second claim you say the meal arrived but was cold and you didn't have time to have it redone before you had to leave to catch your flight.

The first claim was struck out ( rightly ) for there being no cause of action. I'm not sure what you could have amended it to had you had opportunity as the claim simply has no grounds. It appears to simply be a complaint about shoddy customer services.

The second claim you seem to have amended it to put the fault on the kitchen in serving your meal cold and being told you would have a refund ( which sounds like that was at the bar?) In your messages that you did send through FB or other means do you mention anywhere about the meal having been cold. Did you make a complaint in the bar at the time? Who first said they would issue a refund ?

Unfortunately that Weatherspoons had a narky receptionist matters not, you could have put your complaint in writing to Head Office and gone through the complaints procedure, and at the very least sent a letter before action to them in writing.

I think you're going to have an uphill battle to avoid ending up with costs being awarded against you.

Anyway I think anything you have that is in writing, and this letter the Weatherspoons legal guy wrote to you and the court that you didn't receive may help see if you do actually have any prospect of success in the case. Also their Defence in this claim pls.

I'd get a SAR off to Weatherspoons anyway, as that should get the call log, complaints log and any other info which might assist your case - Subject Access Request Letter