Wedding venue problems - want to cancel.

tizhimi

I think the guy is just bricking it now he knows your serious at taking him to the small claims court.

joolesw1972

The little s***, he's very clever, he's managed to word it like he's being helpful.

If he had no record of your booking - how can the date have been reserved for you?!? His story doesn't add up.

Suppose you'll have to wait til tomorrow for more legal advice, I hope they advise you to still go to court - then you can name and shame.

Having said that - if he holds over 100 weddings a year he should have no problem filling your date, so he should be confident in returning your money.

Would it be possible (maybe ask the legal peeps) to suggest a comprimise? Such as he retains a more usual deposit, (ours was £250) which he keeps if he doesn't re-book the day and he returns the rest of the money to you now?
(I very much doubt he'll agree though as I'm sure he wants to hold on to your money)

beks

[FONT=Arial Narrow, sans-serif]Dear ....
[/FONT]
[FONT=Arial Narrow, sans-serif]
[/FONT]
[FONT=Arial Narrow, sans-serif]We have asked you for a refund of our money in full without delay. This wish still stands. We have no intention of pursuing a booking with you as you do not fill us with confidence. We informed you of this some 27 days ago but heard nothing from you in response.

We have never received any confirmation of booking or receipt from you despite paying you £4950 on Monday 29[FONT=Arial Narrow, sans-serif]th[/FONT][FONT=Arial Narrow, sans-serif] June some 100[/FONT][FONT=Arial Narrow, sans-serif] [/FONT][FONT=Arial Narrow, sans-serif]days ago (how ironic)!!!. You failed to respond to phone calls and messages left ([/FONT][FONT=Arial Narrow, sans-serif]on … [/FONT][FONT=Arial Narrow, sans-serif]got to find details of all phone calls)[/FONT][FONT=Arial Narrow, sans-serif]. You do not answer written correspondence (on 10[/FONT][FONT=Arial Narrow, sans-serif]th[/FONT][FONT=Arial Narrow, sans-serif], September, 21[/FONT][FONT=Arial Narrow, sans-serif]st[/FONT][FONT=Arial Narrow, sans-serif] September and 1[/FONT][FONT=Arial Narrow, sans-serif]st[/FONT][FONT=Arial Narrow, sans-serif] October) or emails (on 9[/FONT][FONT=Arial Narrow, sans-serif]th[/FONT][FONT=Arial Narrow, sans-serif] July and 22[/FONT][FONT=Arial Narrow, sans-serif]nd[/FONT][FONT=Arial Narrow, sans-serif] August) and generally act in a recalcitrant manner now that you have our money in your account. We therefore consider that you did not enter into a contract in good faith.

This is the first written communication we have received from you and this only as a result of the threat of court action and our intention to expose you for Trading Standards infringements.

We therefore expect the return of our money in full. Failure to supply this immediately will mean that we will pursue the matter in court, through Trading Standards and through the media as your actions in retaining our money against our wishes are now tantamount to theft.

Your inconsiderate actions have caused considerable financial hardship for us as we had to save up for a long time for the money and have been unable to book anywhere else as we do not have sufficient funds. This has put our wedding on hold and this has cost us, and our relatives, a considerable amount in addition as a result. The matter of our compensation for unreasonable treatment by you and our hardship at the postponing of our marriage is still being considered.

You know our wishes. Please send your cheque for £4950 immediately as you have no grounds for withholding the money.
[/FONT][/FONT]


My dad helped me write this, think it says what I want it to say - will run it past legal advice tomorrow!!
Thank you girls. Have added in bits that you have all suggested, just dont want this to be left to go to court. He is lying through his teeth and you are right, this is a delaying tactic. I know of plenty of people who have had problems (FrannyAnn - you know of the venue now too so you can check that out on trip advisor!) Dont want to add in this thread as he will know the in and outs of my plans - best left unsaid for now and hit him with the surprise! Has an email from DOM today BTW (well, one of his cronies anyway)!!!!!



Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr!!!

Little bit more worried about court now as he is obviously going to fight it, oh well, at least I know I am telling the truth. The truth will provail!!!

*Louise*

Just read through all of this - that letter sounds great, I certainly wouldn't be holding off to see if they resold the date, I wouldn't trust him an inch (mind you, I would also turn up on the actual day to check if it got that far lol)


I really hope you get your money back as soon as possible, what he has done isn't fair and you have many valid arguments against him.

Good luck!! x

tizhimi

Excellent letter, your job for tomorrow is to file this with the courts as he has responded you are in a position to go for it.

shellsuit

Brill letter Beks, get it off to the court and we will all keep our fingers crossed that he has the sense to send you a cheque! xxx

Leylauk

beks wrote: »

[FONT=Arial Narrow, sans-serif]Dear ....
[/FONT]


Little bit more worried about court now as he is obviously going to fight it, oh well, at least I know I am telling the truth. The truth will provail!!!

I wouldnt be so sure about this as he is likely to be bluffing back in the hope that you do not pursue legal action. A few more pushes and he may just return the money to avoid the cost/hassle of a court case.

By the way I only skimmed the thread until the end (so apologies if already posted) but you can lodge a county court claim fairly easily via the internet at https://www.moneyclaim.gov.uk/csmco2/index.jsp without the cost of solicitors etc. for (i think £30, which is obviously refundable if you win). Doing this could just give him the push that he needs to settle. He obviously knows a little about legal battles though or he wouldnt be using the term without prejudice. I would not be suprised if he had been sued before!

If you PM me his name/co name, will do a quick case search for you to see if I can dig up any of his past "problems".

Good luck!!!

Edit (also maybe a long shot since the main part of the service has not yet been performed but you could mention, and again apologies if this has already been mentioned) s.13 of Supply of Goods and Services Act 1982 which states that a service contract provided by a business to a consumer must be performed with reasonable care and skill i.e.
13 Implied term about care and skill

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.


If this term is breached, this would entitle you to end the contract and get back your money. It is arguable that by acting in such a useless manner at this stage, is not utilising proper care and skill. Also arguable that with this being a your one and only wedding day, you dont want to wait until after the day to see whether they were completely incompetent IYSWIM.

tizhimi

don't worry leylauk, this guy is most certianly a repeat offender!

joolesw1972

Good letter - good luck.

Mme.Hibou

I honestly wouldn't reply to him just yet and not with that letter - sorry.
I know he's not been the best person to deal with, but your letter sounds angry (which you understandably are) and you're throwing accusations out all over the place. He genuinely might not have read the emails, he may not have known you called and he might not have received your letters, just like you didn't receive the receipt from them.

I'd wait to see what The BBC say, and anyone else you might have contacted and hold fire from writing with such emotion to him.

I know I'm disagreeing with what everyone else has said, but as an outsider i'm just letting you know.