Non delivery of wedding video from 2004

shady99

Dear MSE

Any suggestions for my best course of action here.

We booked a wedding video from a company (Zenos Media, based in Leicestershire) when arranging our wedding in September 2004. This was booked in the Spring of that year at a wedding fair.

At the time we were given no booking confirmation, just the guy took our deposit (credit card) and said he would be in touch.

After many fraught e-mails the wedding duly arrived and at this point we still had received no receipt and no confirmation, however the guy did show up on the day and videoed everything from the bride's house to the church and onto the reception - where he left at around 10.00pm.

So far so good we thought. After our honeymoon we looked forward to the video - and waited and waited. We sent a few e-mails off and also posted letters - and did receive a couple of replies. There was a reason for the delay which he explained and the last letter (which I still have) stated that the video (DVD, sorry I sound so old), was at the duplicators and we should be getting it shortly.

Since then - nothing. The last contact we had was around 2005 and following a house move we sent a letter to the last known address stating that we had moved.

We have sent of other letters and have had no response. We contacted Trading Standards and they advised conacting the credit card company to get the cash back, however this is not the point - we want the video.


After that lengthy explanation - simply - what do we do next ?

I am thinking of writing off to someone like the Crusader consumer column in The Express, but short of this I am at a loss as to where to go next.


Any ideas from you good people ?



Cheers

durham_girl

I think after 5 years you might have trouble getting any further forward.

Is the company still trading? Do you have their address? Could you go there in person?

Tarja

Unfortunately, Trading Standards are correct. The most that is likely is that you get the cash back. This is the nature of contract law.

But perhaps following the contract law route may make them "find" the video". Sad to add that after this time they will most likely no longer retain a copy.

Really feel for you for missing out on the memento of your special day.

Meepster

This is their most current contact details:

18 SHARNFORD ROAD
SAPCOTE
LEICESTER
LE9 4JN

01455 271511

bingo_bango

You have two options.

1. You can take them to court and get an order for specific performance. This will only work if they are still a going concern, and actually have the video. After 5 years, it may be unrealistic to think that they still have it. Specific performance requires that damages would be an inadequate remedy. I would expect that your situation would meet this test.

2. You can take them to court and sue for damages. This would be the cost of the actual video to you. Also you could sue for loss of enjoyment. Jarvis v Swan Tours Ltd 1973 is an old case, but the decision it yielded is still relevant today. It allows a claim for non-pecuniary loss for breach of contract.

Remember that 5 years have passed. It is likely that a judge would take the view that since you did not pursue this through the courts during that period, then you weren't actually that put out by their actions. Such a view would adversely affect any damages you sought.

I would suggest you try to get a free half hour with a solicitor (house insurance / your union perhaps) and run this by them. No point throwing good money after bad.

Lottebear

Is your videographer a memeber of a professional body, whom you could contact?