Wedding vendor problem

[Bane]

Last year I booked a supplier for my wedding for 03/04/2020*

i bank transferred him the deposit no T&C’s were mentioned by the vendor prior to the transfers, he then later sent the invoice via email and I didn’t read it as I knew the invoice amount...

same again I transferred deposit for the same supplier for a pre-wedding event and my fiancée noticed the T&C’s it says ‘non-refundable’ of deposits. Again holding the money ransom and giving T&C’s attached to the back of the invoice.*

wedding has been postponed but he can’t provide services *for the new date given.*

a friend of mine has said the vendor owes me money back as the contract has been frustrated in 2 parts.*

As T&C’s were not provided before the contract was formed and I wasn’t aware of them I am entitled to money back as this is unscrupulous by the vendor and judge would side with me.*

Second CMA have said, due to Covid-19, wedding industry and suppliers should give money back for services they cannot provide, which he can’t but refuses to do so.*


i have been advised of small claims court.*

any help?

[Bane]

Celestine*sorry to tag you without invitation but if you could kindly work some magic and ask someone to help would be great. Already stressed about wedding, house , life and don’t want people taking advantage of my vulnerability at the moment which I think the vendor is doing*

[Bane]

Amethyst* sorry, to tag, could you help?

[Celestine]

Sorry to hear this. What services does this supplier provide? Just trying to form a picture of 'reasonableness'*
Ultimately, the only resolution if they refuse to refund is the small claims court. We can help you draft a claim if you need help. How much money have you lost? You only paid by bank transfer?*

[Bane]

Hey Celeste,

It was for a videographer. Two separate transactions £1000, and then £1250 totally £2250.*

I’ve also read the current CMA guidelines and the vendors T&C’s do look biased towards himself...but of course, I accept, I am invested in the matter, and therefore biased.*

Yeah, he only accepted bank transfer. I have the address, bank details, name, address, Instagram page which he advertises, mobile number, email.*

Thanks*
*I don’t know why this is appearing? €?

Thank you and stay safe and look after your families. *

[Bane]

Hey? Any support? Thanks guys*

[Celestine]

Hi there - obviously right now it is very hard to force refunds as per usual trading rules. Yes, the ultimate recourse would be a county court claim issued against him to recover your lost money. This can be done as a Moneyclaim online fairly easily, 89% of these go straight to default judgment, so unless s/he has a defendable point, they would be likely to just pay up to avoid a CCJ.

[Bane]

Hey thanks.*

Prior to submitting this, should I write a Letter before action and email it to him? I’ve trawled the site for a letter before action but to no avail. I just want the wording correct and not be left sour faced if he claims the wording was misused etc.*

thanks again.*

[Celestine]

Hi, yes you should send a letter before action a minimum of 14 days before submitting any claim.


https://www.justice.gov.uk/courts/pr...action_conduct Objectives of pre-action conduct and protocols

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a)*understand each other’s position;

(b)*make decisions about how to proceed;

(c)*try to settle the issues without proceedings;

(d)*consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

(e)*support the efficient management of those proceedings; and

(f)*reduce the costs of resolving the dispute.
*

[Bane]

Many thanks for your help. You are brilliant. *How do I D E F?*
im really nervous to go court but I will. Thank you*

[Celestine]

D E F? I'm unsure what you mean?
It is pretty unlikely this will end up in a physical court room, the whole online claim can be done via MCOL. If you want to keep this thread running and share any letters/court forms (suitably anonymised) we can take a look to check they're right.

[Bane]

Of course I will Celestine. In terms of the alphabet letters, I was quoting bullet points above.*

I’ve attached the T&C’s, as mentioned we sent the money prior and then received the invoice. No signature was done either physically or electronically but I understand it’s still legally binding? These T&C’s don’t seem fair?

[Celestine]

It's interesting reading their T&C's - cancellation is covered and burden entirely on you; which would be fairly standard in wedding services. They must see a fair few last minute cancellations of cold footed brides/grooms. Its also interesting that they say they will provide an alternative photographer if they are unable to make the wedding. (This happened to a photographer friend recently when she got stranded abroad, she had to find a stand in fast) Why have they not offered this as a solution to your alternative dates?
As for DEF - its just the duty to set out exactly what the claim is and to give them a chance to resolve before filing a claim. If you post your proposed letter, we'll tell you if its DEF worthy!*

[Bane]

Hi
Yes I thought it would be suitable avenue to go also to provide and alternative person however he has said his team is fully booked! So I asked for the refund and he said no it’s non refundable.*

so as we were not acquainted with the T&C’s prior to formation of contract I’ve been informed it’s completely wrong and just on that basis we should be offered a refund and secondly CMA have released guidelines for the service sector to issue refunds also.
just overly stressed with this and the lockdown. Really getting to me*

[Celestine]

I can totally understand your frustration and distress, after all you've just had your wedding day pulled from underneath you as well as dealing with all the contractual fall-outs that follow. It seems as if this is becoming a growing issue with inconsistent behaviour from certain service providers. What alternative date did you propose? It seems unlikely that a future date would be fully booked by both the main photographer and the stand in?*
It is correct that the photographer should have supplied you with t&cs ahead of the contract, however you may have somewhat weakened that point by not checking them until you needed them so to speak. Personally I think the failure to provide a replacement photographer for your new date is your strongest angle because by complying with this part of their own contract, they would protect you from avoidable financial loss. It feels as if they see this as an opportunity to keep your money and not even bother trying to provide the service at a future date.*