Legal advice for wedding cancellation

beks

Ok, i have posted this on the wedding board but our problem is getting more and more problematic... will probably be off to get legal advice now as we seem to have no other option ... will try and sum it up as briefly as I can ...

We booked our wedding venue back in June (we paid £4950 over the phone after a pressurised meeting with the owner - we were told we had to pay the full amount within 24 hours or wouldnt get the offer - we fell for the charm). I then spent 8 weeks trying to contact the owner by phone and email for a receipt and confirmation of booking (he was always unavailable and messages were left and emails not responded to).

After over 2 months, I finally received an email from the wedding planner and were told that they had no record of our wedding and had no details of who we were. There was no apology. We drove round to speak to her and were told that she couldnt help and we would have to speak to the manager (who was conveniently away).

After consideration, we decided we could no longer have our wedding somewhere where they could not book our wedding properly (doesnt install faith for what is supposed to be the best day of our lives). In this time, we have been unable to book anything for the wedding as no date confirmed, cannot book elsewhere as we have no money left and are stressed to the limit. Our wedding was supposed to be July next year. We paid by debit card and had no wedding insurance (will not make these mistakes again).

We then met the owner who or more or less denied everything and called us liars (said he had sent the receipt and confirmation although how I dont know as he didnt have our address). We told him we wanted to cancel our wedding, he said he wanted it in writing and would then deal with it.

We gave him a first letter and asked for reply in 7 days, we received nothing, we sent a second letter again asking for a reply within 7 days (again no response) and we have now sent a third letter to say we will be taking him to court if no response in 7 days. The deadline is next week. We have had help from consumer direct and trading standards all the way through but now they are drawing a blank at the court process and what the best way forward is. We are presuming he will not respond to this so are expecting to go to court.

The main problems we have are 1) we cannot afford legal advice but not entitled to free legal advice but have no idea how to take our claim forward 2) our claims is for £4950 plus legal costs and we are considering sueing for emotional distress (is this appropriate do people think)? and would this be considered in small claims where limit is £5k? 3) As time goes on, the more and more difficult it is becoming to find any venues with dates available for next year - any one know how long the court process takes.

I know this is probably a bit specialised and people might not be able to help but if anyone can offer any advice it would be appreciated.

chickywiggle

sorry for the sitiation.

did you pay by CC?? if so aren't they obliged to do 'something'??

beks

chickywiggle wrote: »

sorry for the sitiation.

did you pay by CC?? if so aren't they obliged to do 'something'??

Unfortunately not, we paid by solo card and the bank can't help as it is now 12 weeks later (we learn by our mistakes).

Laz123

I can't offer any advice except you need a heavyweight consumer rights body behind you, like Watchdog et al.

dacouch

Do you have wedding Insurance?

beks

dacouch wrote: »

Do you have wedding Insurance?

No, we only learnt about wedding inurance after the problems arose! Didnt even know it existed. Typical!

Pigeongirl

If you paid by debit card then there will be proof that you made uch a hefty payment to them so unless they can prove they supplied you with something for the money then I would have thought you'll be entitled to your money back. It does sound like you'll need to go through the courts though as the bloke isn't being very co-operative.

Amistoso_2

We paid by debit card and had no wedding insurance (will not make these mistakes again).

Can people not read the whole thread before asking questions!!!

You'll obviously have a record of the transaction on your card, small claims is probably your best course of action, this link might help explain how to go about it.
http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

Good luck xx

wannabe_sybil

You cannot sue for emotional distress in the small claims court.

As for how long to get your money back... When I started work in the county court in 1989, there was one case where a man had been paying 10p per month since 1966 on a case.

You can issue the small claim's court yourself, you only need to start worrying about legal help if the person defends, and not always then. You can get a judgement and send the bailiffs in within a few months, and that often focusses the mind. However, if they defend, apply to set a judgement aside, apply to pay by installments then you could be waiting a long time. There are no guarantees.

I would certainly start with a small claims case, but I would also contact all the local papers, all the local wedding fairs and all the wedding magazines, as many of them like to do their 'pitfalls' articles. That may also focus the mind.

If I was in your position, I would assume that I would not get the money back in time for the wedding and proceed accordingly. A small claims form arriving in the post may do the trick, and you could then have a lovely surprise of the returned money.

I am sorry, I have re-read what I have written and it seems extremely glum, but I do hope you have a wonderful day. Good luck.

foxy-roxy

I agree that a letter regarding small claims court may jog him along with paying your money back.
what an awful situation, i hope it works out for you.

beks

Mmmm, this is all of what I had presumed so thank you. wannabe sybil - thanks, you have confirmed what I suspected so I already know it is a glum outcome. Nice to get it from someone else though!

Amistose - yes we have proof of the transaction - since we havent had a response from him, we dont know what his defence will be (if any) but can only presume that he will say the money is non-refundable or the money wasnt paid (which I hope as this can be esaily proved).

Foxy-roxy - thank you.

There is no way that we can afford to contemplate our wedding without the money so until we get through court, it looks like we will be living in sin!
It sounds like it is going to be a long process and not one I am looking forward to, however, thanks - I would prefer to be realistic in what can be achieved.
We have already sent him a letter giving 7 days before we take him to court so I am starting to get the ball rolling now the deadline is approaching.
This man has been sued in the courts a few times in the past few years and other people have had problems. Each time the owner has buried his head. He hasnt turned up in court and he has refused to accept recorded delivery letters from others. The venue has terrible reviews on trip advisor as well so I dont think this is a one off. I am seriously considering watchdog now even though I would have laughed at the idea a few weeks ago!!! Hindsight is a wonderful thing!!!