Lost deposit for cancelled service - how can I get it back

patricia..xx

In June I paid a photographer a £50 for a photoshoot. She cancelled the shoot twice and offered me a refund both times. The second time I said yes please refund by bank transfer, which happened yet. Lots of stories and excuses but no money.

I have today spoken to trading standard who have said send a recorded delivery letter asking for a refund within 7 days. Has anyone got a suitable letter that has proved successful? I cannot see how this will be any different to the many emails that have passed between us.

Thanks for reading

Valli

It will be different because you will have proof it was received. And, if necessary, a paper trail for the small claims court!

Dear photographer,

On (date) I paid a deposit for a photoshoot. This was scheduled to take place on (date) but was cancelled by yourself. At this point you offered to refund or reschedule and I accepted your offer to reschedule. A subsequent date was agreed and the shoot set for (date).

Again you cancelled the shoot. Again you offered to refund my deposit of £50. I decided to accept your offer of a refund. To date I have not received the promised refund of my deposit.

I would be pleased therefore if you would arrange to refund my deposit (state means ie cheque or BACS) within 7 days of receipt of this letter.

Should you fail to refund my deposit I shall take this matter to the small claims court.

Signed

(very patient, so far, customer)

I have NO EXPERIENCE but that's what I would write with, of course, pertinent details inserted where necessary.

HTH

patricia..xx

Thanks for that. That is pretty much word for word what I sent by email to which I got a response saying "very sorry will resend". Never arrived so I posted a comment 10 days ago on her advertising site with my experience which also elicited a response but as yet no money.

What else can I do?

zzzLazyDaisy

patricia..xx wrote: »

What else can I do?

Go back to consumer direct and tell them what you have done so far. They will then escalate it to TS who will write to her direct.

If that doesn't work, you could involve the local press.

Alternatively you can make a claim to the small claims court through moneyclaim on-line. In that case I would send another letter, by special delivery, saying something like:

Dear x

Further to my e-mails of [date and date]. Despite your repeated assurances I have still not received the £50 refund due to me. In the circumstances I am left with no alternative but to formally put you on notice that I require a [cheque/bacs transfer] in the sum of £50 by 4pm on [give date 7 days after the letter will be delivered], failing which I will commence proceedings in the small claims court for the full amount owed, together with interest and court costs. No further notice will be given.

However, do be aware that if she is determined not to pay up and does not care about a CCJ, then you will end up having to pay out even more fees trying to enforce the judgement, with no guarantee of actually getting your money back.

Valli

patricia..xx wrote: »

Thanks for that. That is pretty much word for word what I sent by email to which I got a response saying "very sorry will resend". Never arrived so I posted a comment 10 days ago on her advertising site with my experience which also elicited a response but as yet no money.

What else can I do?

Bear in mind that trading standards have asked/advised you to send a letter by recorded delivery so even if you have sent something similar to my earlier post in an e mail you now need to send it by recorded delivery as per their advice. Because then you have proof it has been sent and received and then can escalate further.

So get that letter typed, signed and posted and, of course, keep a paper copy.

peachyprice

Use this 'letter before action' template

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/letter_before_action/

HTH