Venture Photography dupe

blau

i had a photoshoot at venture in Oct 09 and was persuaded to buy £900 worth of photos on credit. I filled in the relevant forms, set up direct debit details and was told it was all sorted out.
I received my 3 pictures and thought nothing more of it...
However, I received a telephone call this morning from the manager stating that their staff member who processed my credit application was told that my application was declined. the staff member felt "bad" for me (and a few other customers that this had happened to, the manager explained over the phone) and thought that no-one would realise or be any the wiser if she just kept quiet and said nothing at all. I am not financially astute and i had just presumed that everything was going according to plan- the manager was very, very embaressed about this to say the least.
I am not in any kind of financial situation to find £900 to hand over and the manager told me that she will give me the weekend to let the bad news sink in and then she will phone me next week to sort out how im going to pay the money back - i feel sick with worry. What are my rights here, please help..............

somethingcorporate

Your rights here are you owe the money, but given it was their issue you should be able to negotiate a reasonable payment plan within which time to pay it back.

blau

somethingcorporate wrote: »

Your rights here are you owe the money, but given it was their issue you should be able to negotiate a reasonable payment plan within which time to pay it back.

but i dont have the money. Can i offer to give them the pictures back instead?? thanks for your help

somethingcorporate

No, since you agreed to buy them at that price at the time (and I am sure they have your signiture somewhere to that effect).

You can ask nicely and offer but they can legally say no.

Caroline73_2

I would speak to trading standards and ask their advice. Presumably if you had known that your credit would be refused you wouldn't have had the photos?

For future reference go to local independent photographers in the future - lots cheaper!

jimboban

I could be wrong (and if I am, I am sure someone more learned will provide swift correction) but my understanding is that as you are/were buying them on finance then there are/were 3 parties in the transaction.

By the finance company 'declining', the original agreement should be void as the 'purchase' was clearly conditional upon finance.

The studio appear to have made the error as they should not have done any works (that were to have been financed) / given you the photos without acceptance from the finance company.

I don't see that it's that different in law from say ordering a sofa from DFS subject to finance - if the finance company say "no", then no deal and no sofa - DFS wouldn't deliver a sofa without finance in place or a new agreement to pay otherwise!

Tell them to do one! (But make it clear you're happy to return their property which they've given you in error)

JB

somethingcorporate

jimboban wrote: »

I could be wrong (and if I am, I am sure someone more learned will provide swift correction) but my understanding is that as you are/were buying them on finance then there are/were 3 parties in the transaction.

By the finance company 'declining', the original agreement should be void as the 'purchase' was clearly conditional upon finance.

The studio appear to have made the error as they should not have done any works (that were to have been financed) / given you the photos without acceptance from the finance company.

I don't see that it's that different in law from say ordering a sofa from DFS subject to finance - if the finance company say "no", then no deal and no sofa - DFS wouldn't deliver a sofa without finance in place or a new agreement to pay otherwise!

Tell them to do one! (But make it clear you're happy to return their property which they've given you in error)

JB

You cannot tell them to do one because at present you have a contract to pay the photographers for the pictures. I would say the finance issue is completely seperate from the contract between the OP and the studio because it is merely the method of payment. The finance agreement would be an additional contract between the OP and the finance company.

You still owe the money for the consideration that the studio has given you (i.e. the photos). You could try returning them but by no means should ignore this as it is a legitimate debt whilst you hold the (unpaid for) photos.

millym

jimboban wrote: »

I could be wrong (and if I am, I am sure someone more learned will provide swift correction) but my understanding is that as you are/were buying them on finance then there are/were 3 parties in the transaction.

By the finance company 'declining', the original agreement should be void as the 'purchase' was clearly conditional upon finance.

The studio appear to have made the error as they should not have done any works (that were to have been financed) / given you the photos without acceptance from the finance company.

I don't see that it's that different in law from say ordering a sofa from DFS subject to finance - if the finance company say "no", then no deal and no sofa - DFS wouldn't deliver a sofa without finance in place or a new agreement to pay otherwise!

Tell them to do one! (But make it clear you're happy to return their property which they've given you in error)

JB

Funnily enough, many years ago I purchased some sofas from DFS. I had them approximately 3 months when they phoned and said they needed to come round and speak to me.

They came to my house and said that they needed to take my sofas away as the credit hadn't went through! I said no way were they taking them until I found out what my rights were.

Next day went to Trading Standards, taking my paperwork. Outcome was that DFS had to supply me with the credit as originally agreed, and TS came down on them for their attempt to take my sofas back. I paid my payments in full and on time until it was paid off, but would never use DFS again.

I wouold definitely speak to TS as you are not the one who is in breach, they are!
HTH

somethingcorporate

millym wrote: »

Funnily enough, many years ago I purchased some sofas from DFS. I had them approximately 3 months when they phoned and said they needed to come round and speak to me.

They came to my house and said that they needed to take my sofas away as the credit hadn't went through! I said no way were they taking them until I found out what my rights were.

Next day went to Trading Standards, taking my paperwork. Outcome was that DFS had to supply me with the credit as originally agreed, and TS came down on them for their attempt to take my sofas back. I paid my payments in full and on time until it was paid off, but would never use DFS again.

I wouold definitely speak to TS as you are not the one who is in breach, they are!
HTH

In breach of what and how?

The outcome of you still having to pay for the goods doesn't quite sound like you got the result that the OP would want. Your outcome sounds exactly like what I suggested. Either you will have to pay or they can take them back.

deanos

If i was you i would hand the pictures back £900 for 3 !!

gizmo111

Did you not notice that the DD was not being paid?