Wedding supplier issue
Discussion
I have an upcoming wedding booked for next year and have a venue dressing company booked to do chair covers, uplighters, venue dressing etc.
Due to work commitments and a move to Australia coming up we have had to change the date of the wedding and the venue dressers have confirmed this date is acceptable to them. We have also had to change the venue which, again, the venue dressers have said would be fine. However, upon us choosing the new venue the venue dressers have said they will not work at that venue due to issues they have had in the past with the venue losing some of their items.
We now have to find another company to provide chair covers and venue dressing. We have asked the original company for a refund of the deposit we have paid them but they are now refusing even though it is them that have said they will not do they venue.
Further to this we have never actually had any terms and conditions from the company or signed anything. The only thing we have done is accepted their quote via their website and paid the deposit directly to them in cash.
Are we within our rights to ask for the deposit back? Are they within their rights to withhold the deposit if they are refusing to cover the new venue and if they have never sent us any terms and conditions and no terms and conditions are present on their website?
Due to work commitments and a move to Australia coming up we have had to change the date of the wedding and the venue dressers have confirmed this date is acceptable to them. We have also had to change the venue which, again, the venue dressers have said would be fine. However, upon us choosing the new venue the venue dressers have said they will not work at that venue due to issues they have had in the past with the venue losing some of their items.
We now have to find another company to provide chair covers and venue dressing. We have asked the original company for a refund of the deposit we have paid them but they are now refusing even though it is them that have said they will not do they venue.
Further to this we have never actually had any terms and conditions from the company or signed anything. The only thing we have done is accepted their quote via their website and paid the deposit directly to them in cash.
Are we within our rights to ask for the deposit back? Are they within their rights to withhold the deposit if they are refusing to cover the new venue and if they have never sent us any terms and conditions and no terms and conditions are present on their website?
JustinP1 said:
Hell yes.
A company who takes a deposit without providing written terms is procedurally slack.
A company who turns down work because of minor issues is mad.
A company who in this day and age is not aware, nor makes provision for consumer legislation such as the Consumer Rights Act 2015 really needs shooting.
OP, where did you enter into this agreement? If it's not on their premises, and they did not give you anything in writing regarding key information and cancelling, you may have an angle here.
We met them at the original venue and handed over a cash deposit. They sent us a receipt later by email.A company who takes a deposit without providing written terms is procedurally slack.
A company who turns down work because of minor issues is mad.
A company who in this day and age is not aware, nor makes provision for consumer legislation such as the Consumer Rights Act 2015 really needs shooting.
OP, where did you enter into this agreement? If it's not on their premises, and they did not give you anything in writing regarding key information and cancelling, you may have an angle here.
The deposit was not small by any means at £380. They have said they will not deal with this venue as they have lost some of their chair covers in the past. I have no issues with the venue at all and will be continuing with it.
On the day we originally met the venue dressers they were late as they have been to another venue to collect their items and some had gone missing. Is this something that happens a lot or is it something this supplier does a lot?
This supplier have told us they do 1200 weddings a year which I find hard to believe as they are a husband and wife team and run it from a room at their home. This would mean they are doing 3-4 weddings per day every single day of the year.
I have read somewhere about some case law regarding non refundable deposits and their legality. The supplier has to prove they have been inconvenienced and suffered loss in order to retain the deposit. I can understand if we had changed venues with a couple of weeks notice but the wedding is nearly 12 months away I find it hard to believe they have suffered any loss and they would find it hard to prove in court. Would I have a case if I started a money claim online?
InitialDave said:
simoncrowe said:
we have had to change the date of the wedding and the venue dressers have confirmed this date is acceptable to them. We have also had to change the venue which, again, the venue dressers have said would be fine. However, upon us choosing the new venue the venue dressers have said they will not work at that venue due to issues they have had in the past with the venue losing some of their items.
So have I got this straight?"Sorry, I need to change my wedding date to [new date], is that ok?"
"Yes, that's fine."
"We're also going to be moving to a new venue, but it'll still be [sensible distance] from where we were originally, is that ok?"
"Yes, that's fine."
"Ok, here are the new venue details."
"Oh no, we don't like them. Find someone else, and we're keeping your money."
simoncrowe said:
they have never sent us any terms and conditions and no terms and conditions are present on their website?
"Give me my money back and f
k off" springs to mind. (This is almost certainly not how you should approach them, obviously).They have also threatened to take legal action for slander even though I have never even threatened this. All I have said a few emails back was that if this is resolved amicably I will definitely leave positive feedback for them for their assistance in this matter
JustinP1 said:
Legal action for slander? Que? Bunch of jokers.
You've been too kind, and too informal. Don't talk about feedback, or costs, you're being dragged in the wrong direction and it's just allowing them to muddy the waters.
Tell them to read The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and suggest they take legal advice if they are unsure how it applies to them, or what they should have done to be compliant with the law. Tell them in accordance with the same regs that you wish to cancel your agreement with immediate effect and request your full deposit back with in seven days, or you'll bring up the matter with Trading Standards.
Do you have legal coverage with your house insurance?
I have listed extracts from the Consumer Contracts (information, cancellation and additional charges) regulations 2013 that they are in breach of and have sent them a link to the whole document for them to read as per one of your previous replies. I have requested they provide a full refund or come back to me with what they consider to be reasonable expenses they have incurred so far. I have requested this is done within 7 days or I will file a money claim online and it will be up to them to defend it in court and for a judge to decide what their reasonable expenses are. Thank you Justin for your helpYou've been too kind, and too informal. Don't talk about feedback, or costs, you're being dragged in the wrong direction and it's just allowing them to muddy the waters.
Tell them to read The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and suggest they take legal advice if they are unsure how it applies to them, or what they should have done to be compliant with the law. Tell them in accordance with the same regs that you wish to cancel your agreement with immediate effect and request your full deposit back with in seven days, or you'll bring up the matter with Trading Standards.
Do you have legal coverage with your house insurance?
frankenstein12 said:
Some stuff
They were dressing the venue by putting some covers on chairs and tying some pretty bows on them, putting up some lights and drapes. Not exactly something they have done any work on so far. As far as the law is concerned I have been more than fair in offering them the chance to retrieve their reasonable expenses.I have not yet told them they have committed an offence relating to not giving me the cancellation terms. I am still awaiting their response to my last email.
cb31 said:
They may be a hopeless company on the admin side but presumably they must do a good job. Sounds like giving £380 back is a cheap way of getting rid of a nightmare customer.
I presume you would just let them keep the £380 without trying to fight for it then? I wish I had as much money as you to not even care about £380 for a service you have not yet receivedJustinP1 said:
This is not a 'distance selling' issue.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 this is an 'off premises contract'.
A court will certainly decide that the OP has attempted to modify, or cancel the agreement. However, importantly he has the statutory right to cancel that contract, for any reason, if he wishes, and have his deposit back in full.
The law is very straightforward.
I have not yet told them about the right to cancel. As far as I am aware if they do not inform me of a right to cancel this right is extended to 12 months. Is this correct? If so the 12 month period ends in a couple of weeks. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 this is an 'off premises contract'.
A court will certainly decide that the OP has attempted to modify, or cancel the agreement. However, importantly he has the statutory right to cancel that contract, for any reason, if he wishes, and have his deposit back in full.
The law is very straightforward.
Edited by JustinP1 on Monday 26th September 19:04
The Mrs was temped to accept the 50% refund. I want to push this all the way for 100%. Especially as they have taken 2 weeks to reply to my last email
Thank you to everybody that posted on this subject. I went back to them last night with the relevant sections of the consumer contracts 2013 that they have broken and that I am now entitled to cancel the contract for whatever reason and receive a full refund as it is within12 months of the contract inception. They emailed straight back to say they will not be offering a full refund unless instructed to do by a court.
They then must have sought advice elsewhere as whilst I was typing my reply to them I received another email from them to say they will issue a refund within 7 days and thanking me for bringing the relevant sections of the consumer contracts 2013 to their attention and they will be looking to address their contracts asap to make sure they comply. I think it pained them to amit defeat!
Thank you for everybody's help
They then must have sought advice elsewhere as whilst I was typing my reply to them I received another email from them to say they will issue a refund within 7 days and thanking me for bringing the relevant sections of the consumer contracts 2013 to their attention and they will be looking to address their contracts asap to make sure they comply. I think it pained them to amit defeat!
Thank you for everybody's help
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