Legal advice - wedding supplier contract - HELP
Discussion
Hi All,
Bit cheeky to post twice, I know, but I'm after legal help, and have now posted the whole sorry saga in the Pie & Piston.
Full story:-
www.pistonheads.co.uk/gassing/topic.asp?t=268423&f=141&h=0
Short story - DJ for next Friday failed to respond promptly to e-mails and messages, has now failed to show for appointment with us, but his contract says full amount due if cancelled within 28 days. We don't now trust him to show at wedding, and we can't take the chance as it's our wedding. Where do we stand? Can we avoid paying the 200 notes balance due?
(We THINK he's pratting us around deliberately to get us to cancel...but no proof...and with a week to go we're really up sh't creek!!!)
Thanks very much,
Martin
Bit cheeky to post twice, I know, but I'm after legal help, and have now posted the whole sorry saga in the Pie & Piston.
Full story:-
www.pistonheads.co.uk/gassing/topic.asp?t=268423&f=141&h=0
Short story - DJ for next Friday failed to respond promptly to e-mails and messages, has now failed to show for appointment with us, but his contract says full amount due if cancelled within 28 days. We don't now trust him to show at wedding, and we can't take the chance as it's our wedding. Where do we stand? Can we avoid paying the 200 notes balance due?
(We THINK he's pratting us around deliberately to get us to cancel...but no proof...and with a week to go we're really up sh't creek!!!)
Thanks very much,
Martin
Did the contract mention anything about the other communications?
If you can find a term of the written contract between you then you could cancel. But there isn't enough info. etc to form a proper leagal response.
If you have his number and e-mail tell him that you want a straight answer from him of you are going to book another and wont be paying him. Give him a reasonable deadline within which to reply. If there is no reply or if it is equivial then get planning a replacement or at least a stand in.
In any event I’d sort someone else out unless there is a damn good reason for his lack of communication!
If you can find a term of the written contract between you then you could cancel. But there isn't enough info. etc to form a proper leagal response.
If you have his number and e-mail tell him that you want a straight answer from him of you are going to book another and wont be paying him. Give him a reasonable deadline within which to reply. If there is no reply or if it is equivial then get planning a replacement or at least a stand in.
In any event I’d sort someone else out unless there is a damn good reason for his lack of communication!
Whilst it may be a good idea to sack him, the problem may then come as to who else you can get at short notice, and there is a chance that after the bad start he may have come good.
Legally although his terms may be 28 days and cancellation yada yada, if you had discussed with him that you would have to meet him before the wedding before you signed any agreement, then legally the content of that discussion is also part of the contract. If you have given him two chances, a court may decide that he has defaulted, and you could reasonably look for someone else. A different court may decide that at this point he has not defaulted as there is still time to meet.
I see that there are two ways forward:
If you cant get anyone else, I would write a letter and send it by recorded delivery. I would be polite and respectful but found out that he has failed to show twice, and this has eroded some of the trust you have in him for your big day. Suggest a time and place to meet and if he cannot make this you will assume that he will not be coming to the wedding, and you will use someone else.
The second way is just to get someone else. When you have got someone else, and only then so you are not leaving yourself in the lurch, ring him and tell him he is not needed as he had two no-shows and you cannot trust him.
He will probably just accept this. If he will probably threaten to sue. If he does, invite this, and say that you will report him to Trading Standards and vigourously defend the claim so that it will be on public record how bad he is. there would be too much risk for him to continue, and whilt he still could sue the hassle of it and the fact that he would have to plan a day to go to court my bets are he wouldnt bother. Even if it does go to court, my bets are you have a good case on the basis that your trust was broken and he did not act professionally which do doubt a professional should.
hope this helps! Let us know how it goes!
Legally although his terms may be 28 days and cancellation yada yada, if you had discussed with him that you would have to meet him before the wedding before you signed any agreement, then legally the content of that discussion is also part of the contract. If you have given him two chances, a court may decide that he has defaulted, and you could reasonably look for someone else. A different court may decide that at this point he has not defaulted as there is still time to meet.
I see that there are two ways forward:
If you cant get anyone else, I would write a letter and send it by recorded delivery. I would be polite and respectful but found out that he has failed to show twice, and this has eroded some of the trust you have in him for your big day. Suggest a time and place to meet and if he cannot make this you will assume that he will not be coming to the wedding, and you will use someone else.
The second way is just to get someone else. When you have got someone else, and only then so you are not leaving yourself in the lurch, ring him and tell him he is not needed as he had two no-shows and you cannot trust him.
He will probably just accept this. If he will probably threaten to sue. If he does, invite this, and say that you will report him to Trading Standards and vigourously defend the claim so that it will be on public record how bad he is. there would be too much risk for him to continue, and whilt he still could sue the hassle of it and the fact that he would have to plan a day to go to court my bets are he wouldnt bother. Even if it does go to court, my bets are you have a good case on the basis that your trust was broken and he did not act professionally which do doubt a professional should.
hope this helps! Let us know how it goes!
Thanks Justin!
Trading Standards' call-centre said pretty similar things - small-claims, if he bothers, could go either way due to lack of documentary evidence. But get everything in writing going forwards...I feel a recorded delivery letter coming on...
Good news though - have found a couple of DJ companies who still have DJ's available for next Friday, so they're sending stuff through and we'll see what they look like!
Trading Standards' call-centre said pretty similar things - small-claims, if he bothers, could go either way due to lack of documentary evidence. But get everything in writing going forwards...I feel a recorded delivery letter coming on...
Good news though - have found a couple of DJ companies who still have DJ's available for next Friday, so they're sending stuff through and we'll see what they look like!
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