Come to a dead end ..

[jao18]

Hey everyone. I've just joined this forum.

I am struggling at the moment. I really could do with some advice. I have just finishing sending emails to numerous solicitors now, as I think, what could have been resolved amicably is going to go to a small claims court. But I am stuck now and no idea how to move forward.

Basically, I'll try to shorten this as much as possible. Me and my partner got engaged in 2014 and found a venue near us which has a marquee. I got in touch, and they invited us in to look around. We attended a wedding fayre the next year and was really excited to get started. Our wedding is to be July 2018, so we had quite a long wait yet. We ended up putting down the deposit of £500, which secured our wedding date but also meant we got to have our wedding in the marquee.

Things started slowing down, because we needed to take time to build up our budget, so for a few months, we didn't do a lot in terms of organising the wedding. In 2015, I got in touch with the venue, asking for some prices for different things they offered so I could start pricing. They replied to say that their packages was going under changes and could not provide with me any prices, but to ring them. I don't like using the phones much, and prefer to have things in writing. A month after this, we got a call from this guy, who was the "wedding coordinator" but also the chef.... at the time, things didnt seem as weird as they do now!! The guy told us that they had new owners, and the old owners had cocked loads of things up but not for us to worry about, all is OK. He gave us different menus to look at and we even met the venue dresser - so things seemed ok.

Then skip to August 2016, I was showing my work colleagues the venue on their website, to my surprise - their website had expired. At the time, I thought that was strange but assumed it might have a server issue and would be back up in a few days. On Facebook a few days later, they annouced their new website. I noticed looking at it, there was no mention of the marquee or that they do weddings. I was extremely worried now. I got in touch with them and asked them about it, I told them I had put a deposit down to have my wedding in 2018, the person I spoke to, asked if I had hired it. I was worried even more now, because I put down the deposit?! They ended up revealing that they were in discussion of keeping the marquee at all! They ended it by saying the new owner would contact me. My partner ended up going down to speak to him, (I was in work, and couldnt go), he ended up giving (what I think was) a sob story. He revealed a lot about the old owners and the marquee itself, they had left him in loads of debt and stolen money, including our deposit. He said he would honour us the money and pay it back, but to give him a few weeks. A few weeks went by, and we heard nothing, we asked about it, to be told that, he is no longer the owner but the original old owner is now the owner again and to contact them!

Since then, I have sent recorded a breach of contract letter to the venue as well as their accountant. I gave them 14 days to acknowledge me and to respond. It's been 14 days now and still nothing. I know it's been christmas but I feel they arent getting back to me now . I have also found out that the marquee is coming down and there is no planning permission for it now, as it ran out Dec 2016, so why did they take my money from me for my wedding in 2018 if it was to come down?

Can anyone help?

Sorry for the long message, this is the short version!

Thanks to anyone

[des8]

Re: Come to a dead end ..

Hi and welcome to LB

Not the first time we have heard ths sort of tale, but no consolation to you.

The company to which you paid the deposit, was it a limited company, and could you care to name them for us

[jao18]

Re: Come to a dead end ..

Hi des8

Thanks for the reply.

Really? I can't believe this has happened to anyone, it's horrible going through this!
The money was given to us from my fiancées dad who sadly passed away a year ago so I'm trying everything at the moment to get it back.

I believe they are a limited company - I have checked companies house.
I hope I don't sound rude but currently with the way things are going, I'd rather not name them, just so it doesn't jeopardise anything. I hope that's ok.

[des8]

Re: Come to a dead end ..

Hi des8

Thanks for the reply.

Really? I can't believe this has happened to anyone, it's horrible going through this!
The money was given to us from my fiancées dad who sadly passed away a year ago so I'm trying everything at the moment to get it back.

I believe they are a limited company - I have checked companies house.
I hope I don't sound rude but currently with the way things are going, I'd rather not name them, just so it doesn't jeopardise anything. I hope that's ok.

That's fine, not rude.

Unless the company have actually stated they will not be supplying the marquee, I don't see where your claim lies.
Your wedding is not for another 18 months, plenty of time in which to obtain Planning Permission and erect a replacement marquee.

If hearsay says various people are stealing from the company, it does not automatically mean the company will go into liquidation.
If it does go into liquidation you will be one creditor among others probably.
The fact the original owners have returned is surely a positive sign.... having once left, would they return to a sinking enterprise?
The temporary" owners seem to have been keen to blame the original owners for all the problems.. can you believe them?

[jao18]

Re: Come to a dead end ..

Thanks Des8

I see your points. My thread was so long that I have missed points out, I've wrote this story out so many times in different ways that I always seem to miss points!

My friend had recently contacted them direct about a month ago and asked about weddings, they said they are no longer taking bookings and the marquee is coming down due to being in a state that will not last longer staying up.

[wales01man]

Re: Come to a dead end ..

Have you asked for the money back?if you get refusal you can take them to court

[des8]

Re: Come to a dead end ..

I think you should first contact them directly in writing and tell them you have heard the marquee is being dismantled.
Then ask for confirmation that, if they are taking the marquee down, they intend to replace it.
Their response will determine your next move.

From your posts it seems that all you have is rumour and third party reports, and that would not be enough proof to initiate a court claim.
If you ask for your money back at this stage, it may be read that you are cancelling the contract (and I suspect there are pretty onerous cancellation terms)

[jao18]

Re: Come to a dead end ..

Wales01man - yes I sent them a letter from CAB from their advice, asking for our money back.

Des8 - I completely understand your points. They have said first hand themselves they are no longer doing weddings now but the marquee is to come down. As mentioned to wales01man, unfortunately I have already wrote to them asking for the money back due to them being in breach ( meaning how can I put a deposit down for a venue for a wedding in 2018, that isn't going to be there? )

[des8]

Re: Come to a dead end ..

Des8 - I completely understand your points. They have said first hand themselves they are no longer doing weddings (in post 5 you said they are no longer taking bookings which is slightly different to "no longer doing". Have THEY confirmed directly with YOU they will not honour your booking?) now but the marquee is to come down.(because it is in poor condition as post 5, but will it be replaced?) As mentioned to wales01man, unfortunately I have already wrote to them asking for the money back due to them being in breach ( meaning how can I put a deposit down for a venue for a wedding in 2018, that isn't going to be there? (Have THEY confirmed this directly with you? )

Sorry for the questions,but if you intend court action you will need to be positive

[jao18]

Re: Come to a dead end ..

Hi sorry for the delay. I've been in touch with the place and they have told me, that they are no longer having the marquee it is to come down and therefore I have no wedding to have here.
I think I am going issue a claim form as I have since asked again for them to refund me but they are avoiding me now

[ostell]

Re: Come to a dead end ..

First of all write a "Letter before Claim" to them outlining the problem and what you want as a resolution. Give them 21 days to respond.

[Diana M]

Re: Come to a dead end ..

How did you pay the £500 deposit - was it on a credit card?

Di