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    • d0nkeyk0ng
    • By d0nkeyk0ng 11th Jan 18, 3:19 PM
    • 503Posts
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    d0nkeyk0ng
    Videographer avoiding contact
    • #1
    • 11th Jan 18, 3:19 PM
    Videographer avoiding contact 11th Jan 18 at 3:19 PM
    Three years ago, I contacted a videographer to record our wedding, We met, he produced a quote which we were happy with and booked. Booking involved paying 50% upfront, 25% immediately before the wedding, 25% once we received the DVD.

    After a few months, I tried contacting through email and it kept bouncing. Eventually got through and found the guy had been unwell with illness, off work etc. Lots of issues. Promised to get back to us.

    Over the year, I've been emailing, contacting via facebook, phone calls etc. Wouldn't answer. Managed to get face to face contact at his house after he invited us round, explained his situation and made more promises to get the video to us.

    I sent a formal letter and followed it up with a phone call. Again, promised to get the video to us.

    I'm fed up. It's been over two years. He's had £2500 from us, and we've received nothing. I want to go through small claims court but the contract was through a limited company. Any likelihood of success? Is there anything else I can do?
Page 1
    • ringo_24601
    • By ringo_24601 11th Jan 18, 3:29 PM
    • 17,122 Posts
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    ringo_24601
    • #2
    • 11th Jan 18, 3:29 PM
    • #2
    • 11th Jan 18, 3:29 PM
    Have you tried asking for the raw footage? It could be that he's just not capable of doing the backlog of work, to get 'DVD ready'.

    I'd then expect at least 25% of the money back, but getting *some* footage is better than none.
    • d0nkeyk0ng
    • By d0nkeyk0ng 11th Jan 18, 4:02 PM
    • 503 Posts
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    d0nkeyk0ng
    • #3
    • 11th Jan 18, 4:02 PM
    • #3
    • 11th Jan 18, 4:02 PM
    Have you tried asking for the raw footage? It could be that he's just not capable of doing the backlog of work, to get 'DVD ready'.

    I'd then expect at least 25% of the money back, but getting *some* footage is better than none.
    Originally posted by ringo_24601
    I did ask (with the idea of either editing it myself, or paying someone else to do it). He said the video was with his editor and he needed to get in touch with him.

    I want to send a letter to kick his backside into action, but not so that he shuts down the ltd company.

    Worse case scenario, I could harass him at his house.
    • Diamandis
    • By Diamandis 11th Jan 18, 4:23 PM
    • 142 Posts
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    Diamandis
    • #4
    • 11th Jan 18, 4:23 PM
    • #4
    • 11th Jan 18, 4:23 PM
    You've been very patient. I'd send a letter before action as soon as. How did you pay?
    • Greta Sharbo
    • By Greta Sharbo 11th Jan 18, 6:20 PM
    • 130 Posts
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    Greta Sharbo
    • #5
    • 11th Jan 18, 6:20 PM
    • #5
    • 11th Jan 18, 6:20 PM
    You probably want to avoid anything that could be classed as harassment.
    (Appreciate that may have been tongue in cheek )
    • d0nkeyk0ng
    • By d0nkeyk0ng 11th Jan 18, 8:29 PM
    • 503 Posts
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    d0nkeyk0ng
    • #6
    • 11th Jan 18, 8:29 PM
    • #6
    • 11th Jan 18, 8:29 PM
    You've been very patient. I'd send a letter before action as soon as.
    Originally posted by Diamandis
    There's been a lot going in the background with family, sibling with leukaemia etc. Otherwise I would have contacted him regularly.

    How did you pay?
    Originally posted by Diamandis
    Bank transfer and cheque. Have had confirmations of payments received by text from videographer.
    • dj1471
    • By dj1471 11th Jan 18, 9:04 PM
    • 1,039 Posts
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    dj1471
    • #7
    • 11th Jan 18, 9:04 PM
    • #7
    • 11th Jan 18, 9:04 PM
    You can potentially get your money back through small claims (you can object if he tries to wind up the company), but what you really want is the video of your wedding.

    Unfortunately there's nothing you can do to force him to complete the contract or provide the raw video. There's every chance they'll delete it if you start legal action.

    My recommendation would be that you keep chasing to get the raw video, once you have it you will be free to start legal action to recover some money. If the "editor" has it then ask for their contact details so you can chase them directly.
    • Deastons
    • By Deastons 11th Jan 18, 10:40 PM
    • 8 Posts
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    Deastons
    • #8
    • 11th Jan 18, 10:40 PM
    • #8
    • 11th Jan 18, 10:40 PM

    Unfortunately there's nothing you can do to force him to complete the contract or provide the raw video. There's every chance they'll delete it if you start legal action.
    Originally posted by dj1471
    Would that not then be criminal damage?

    The OP contracted the videographer to do the job and has paid upfront, so doesn't the raw footage somehow belong to the OP? If they were to delete it, that would be criminal damage.

    If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?
    • Greta Sharbo
    • By Greta Sharbo 11th Jan 18, 11:05 PM
    • 130 Posts
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    Greta Sharbo
    • #9
    • 11th Jan 18, 11:05 PM
    • #9
    • 11th Jan 18, 11:05 PM
    .

    If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?
    Originally posted by Deastons
    That would be rather a disproportionate remedy I'd suggest.
    • Deastons
    • By Deastons 11th Jan 18, 11:19 PM
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    Deastons
    That would be rather a disproportionate remedy I'd suggest.
    Originally posted by Greta Sharbo
    I tend to agree, but one's wedding day can be an incredibly important day. Priceless, one might say.

    And I think, legally, I'm correct in what I say?
    • d0nkeyk0ng
    • By d0nkeyk0ng 12th Jan 18, 12:31 PM
    • 503 Posts
    • 191 Thanks
    d0nkeyk0ng
    I'd much prefer the video rather than the money, even if it's unedited - I can always pay someone else to edit it (bearing in mind there was £500 left to pay on receipt of DVD).

    But I want to stop this dragging on and on.
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 1:43 PM
    • 884 Posts
    • 426 Thanks
    Warwick Hunt
    Would that not then be criminal damage?

    The OP contracted the videographer to do the job and has paid upfront, so doesn't the raw footage somehow belong to the OP? If they were to delete it, that would be criminal damage.

    If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?
    Originally posted by Deastons
    No.

    I tend to agree, but one's wedding day can be an incredibly important day. Priceless, one might say.

    And I think, legally, I'm correct in what I say?
    Originally posted by Deastons
    Based on what?
    • Deastons
    • By Deastons 12th Jan 18, 2:10 PM
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    Deastons
    No.



    Based on what?
    Originally posted by Warwick Hunt
    Ah. I see now. Thanks for explaining your points so clearly.
    • Warwick Hunt
    • By Warwick Hunt 12th Jan 18, 2:14 PM
    • 884 Posts
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    Warwick Hunt
    Ah. I see now. Thanks for explaining your points so clearly.
    Originally posted by Deastons
    When you asked a closed question I thought that you’d required and appropriate answer.
    • Elle Woods
    • By Elle Woods 12th Jan 18, 2:49 PM
    • 16 Posts
    • 13 Thanks
    Elle Woods
    If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?
    Originally posted by Deastons
    I tend to agree, but one's wedding day can be an incredibly important day. Priceless, one might say.

    And I think, legally, I'm correct in what I say?
    Originally posted by Deastons
    How would anyone go about re-staging their wedding? I agree that a wedding day is an incredibly important day, but a staging would not be your wedding day! To stage a fake ceremony with guests etc. for a new wedding video sounds really very odd.

    When you say that you think you are correct legally, it would be helpful for the OP to have a link to some support for this. In my limited experience, courts generally award monetary compensation for actual losses.
    • Deastons
    • By Deastons 12th Jan 18, 8:50 PM
    • 8 Posts
    • 0 Thanks
    Deastons

    When you say that you think you are correct legally, it would be helpful for the OP to have a link to some support for this. In my limited experience, courts generally award monetary compensation for actual losses.
    Originally posted by Elle Woods
    You tell me to give a link to back-up my advice, but then don't give a link to back-up your advice...
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