Legal Advice Please - Wedding Cancellation

ChipsAway

I am after some advice please

We booked our wedding in Mar 09 for Jan 2011 paying a £1000 deposit, subsquently my father got ill and we were worried about our ability to pay so wanted to cancel the wedding, however we couldn't get out deposit back so re-insatated the wedding paying an additional £1000 in Nov 09.

Jan 10 we paid an additional £2850 so we have now paid £4850 in total. My H2B got made redundant in Mar 10 and we now really can not afford to go ahead with the wedding and are forced to cancel.

The wedding T&C's state:
For the avoidance of doubt deposits are non-refundable or transferable in any circumstances.

and

In the event of a cencellation the following cancellation charges are applicable:

Where cancellation by the Cutomer is deemed to have occurred more than 6 months but up to 12 months before the function - 30% of the estimated function cost.

The total cost for the venue was £11,500 inc VAT, therefore in my mind we would be subject to a £3450 charge - which although I am not happy about will pay as that is in the T&C's, however they are saying they will not refund any of the money at all - I am asking for £1400 to be refunded.

Where do I stand on this can anyone advise?

We do have wedding insurance which covers redundancy 'in line with current legislation' which I understand the current legislation is they will only pay if the employee had been employeed by the company for more than 2 years (my H2B was only employed for 8 months).

Can anyone advise what we can do or whether we will just lose the £4850 we have paid?

Many thanks

talulahbeige_2

Write to them (recorded delivery) and point out the facts of the contract you signed. (30% is £xx) Then proivde them all details of payemts made (date, amount, copy of reciept)
Politely ask for the difference back, keep the letter to the point and emotion free. Give them a time within which to repay the difference and advise you will be taking further legal action if you dont recieve it. Then take them to the small claims court, their T&C's state one thing and they aren't abiding by it.

I'm assuming you have cancelled the wedding in writing?
If not then do so immediately unless you have written conformation from them that they have cancelled it?

ChipsAway

Thanks for your reply.

I have cancelled the wedding via email, but noticed in the T&C's it did say by post so I was going to send a letter recorded delivery today to cover myself although they have acknowledged the email.

magicgirl

sorry for your troubles and good luck. x

tamarto

Are ou sure also legislation is two years, most insurances i know cover someone after they've been with the company 6 months or more.

ChipsAway

Thank tamarto - we are going to put in a claim to the insurance company for any monies we can not claim back and see how it goes - fingers crossed!

bacard1

talulahbeige wrote: »

Write to them (recorded delivery) and point out the facts of the contract you signed. (30% is £xx) Then proivde them all details of payemts made (date, amount, copy of reciept)
Politely ask for the difference back, keep the letter to the point and emotion free. Give them a time within which to repay the difference and advise you will be taking further legal action if you dont recieve it. Then take them to the small claims court, their T&C's state one thing and they aren't abiding by it.

I'm assuming you have cancelled the wedding in writing?
If not then do so immediately unless you have written conformation from them that they have cancelled it?

I would agree with the above. First thing i would do is print a copy of those emails, just in case your pc die's. I would also ring consumer direct and get a reference number, and include it on your letter. As above point out, that they are in breech of contract and that you expect the money to be returned (put a date but you need to be reasonable, normally 14 days). I would include a copy of the contract, with the relivant point highlighted (do not send them your copy)

Secondally do not refer to the extra payments as deposits, just payments towards the cost of the wedding.

Finally say you will be takeing legal action if the money is not returned


Who is your wedding insurance with?


Regards

ChipsAway

Thanks for that!

Our wedding insurance is with Debenhams, it's the platinum policy.

ChipsAway

I have just received this email from them:

"I have had a word with our accounts department. We can give you a refund of the £400.00 but the deposit you paid is non refundable as stated in 4.2 “For the avoidance of doubt, Deposits are non-refundable or transferable in any circumstances.”

The 30% you have paid is less the deposit - 3.1.1 “Twelve months prior to the function, 30% of the estimated total cost of the Function (less the deposit) is to be paid”

Therefore 30% of £11,500 is £3450.00. You have paid £3850 so we owe you £400.00.

Please let me know who you would like a cheque made payable to."

In my mind the T&C's do not clearly state the 30% excludes the deposits - where do I stand on this?

ChipsAway

The clause 3.1.1 relates to the payments and says I should pay 30% less the deposit at the 12 month point but the cancellation clause in my original email does not state less deposit.

Tired_Mom

Hi I can't help you I'm afraid with the above but just wondered whether you had spoken to the venue about altering your booking to a far cheaper one. You are set to lose so much money it seems a shame to cancel. Is there anyway they could do you a small intimate wedding for nearer the amount you have already paid?

Good luck

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