Can we get money back

sshaw101

Hi,

about 2 years ago my then girlfriend (now wife) had a photo shoot done at a place in Bristol as it was a "special offer". After the shoot she selected the photos she wanted and ordered a CD of all the photos, which is total came to around £300. She paid half of the cost upfront with the remaining amount to be paid when she collected the photos etc.

About a week later she had a call with another "special offer" in which she was told she could have the cd etc for free if she hosted an party with her friends to promote the company. she explained that she had already done the shoot and paid and they told her that therefore this offer would not apply.

She then challenged the company on this (claiming if she had been told this atthe time she would have not paid the £100 ish for the cd. Because of the dispute she never collected the photos and cd, yet they still have the £150 ish pounds. Can we claim this back from them? Would threatening them with small claims make them refund our money?

Many thanks

dmg24

They have fulfilled their side of the contract, the items are available for you to collect. They would no doubt tell you to go ahead and take it to small claims - you will not win, and you will incur costs.

Pollycat

Did she sign a contract agreeing to pay the outstanding balance?

If she did, I think

threatening them with small claims make them refund our money?

might just come back and bite you on the bum!

What was the company's response when she

challenged the company on this (claiming if she had been told this atthe time she would have not paid the £100 ish for the cd.

How was the 'dispute' left?
Who wrote to who last?
What was said?

Regardless of whether she collected the CD or not, the company has incurred costs (photographer's time, cost of doing the CD).

Hintza

No; she should contact them and arrange to pay the final amount for the photos I'm surprised they haven't taken her to court over breach of contract.

sshaw101

Thanks for quick replies.

I agree re small claims court, it most prob will come back on me!

It was left with the manager of the company looking into it but she never came back (this was 2 years ago). Because of one thing and another this has been left and I only noticed that it was outstanding since going through some paperwork.

I sent them an email on Monday asking what happened (as yet no reply). As you said if they have incurred cost then yes they should be paid. But as the dispute was never properly resolved it would be good to know what (if any) rights we have.

vyle

Wait... has this been ongoing for two years? If so, how far along are you with the dispute?

Pollycat

sshaw101 wrote: »

Thanks for quick replies.

I agree re small claims court, it most prob will come back on me!

It was left with the manager of the company looking into it but she never came back (this was 2 years ago). Because of one thing and another this has been left and I only noticed that it was outstanding since going through some paperwork.

I sent them an email on Monday asking what happened (as yet no reply). As you said if they have incurred cost then yes they should be paid. But as the dispute was never properly resolved it would be good to know what (if any) rights we have.

I'd keep my fingers crossed that you haven't opened a can of worms by reminding this company that your wife still owes them £150.

sshaw101

well the dispute was left with them looking into it and us not paying any more money until the situation was resolved - which they have not done

sshaw101

To be honest I dont think they have the photos anymore as they would have chased us for them. If they dont have them then what can we do?

Hintza

sshaw101 wrote: »

If they dont have them then what can we do?

You seem determined to have a go at them. Big assumption on your part that they don't have them, if they do are you going to pay?

maninthestreet

Let me get this right - you agreed to pay £300 for the CD, but have only paid £150. You turned down the offer of getting the CD for free, but have not paid the £150 you still owe them for the CD, so you havent been supplied witjh the CD - so exactly what is your complaint??