Hula Groove Wedding Band - Threatened court action!

OlliesDad

somethingcorporate wrote: »

If you feel something is inappropriately posted then report it to the abuse team and they will remove it if they feel it is necessary.

It appears that several of the SEO abusing posts have already been removed anyway.

OlliesDad

pinkshoes wrote: »

It's good to hear the other side of the story, but firstly, your T&Cs only state that if you cancel within 6 weeks of the performance, you need to pay 75% of the deposit. The only mention of payment is paying within 2 weeks of the performance date.

I think you may have misread pinkshoes. The t's and c's state that within 6 weeks 100% is due, outside of 6 weeks 75% is due.

This is irrelevant anyway as they arent enforcable without consideration anyway.

I also suspect that the member "Hula Groove" is not really the band manager

edgex

Takoda wrote: »

"Cancellation and Postponement Policy

All bookings are legally binding from the moment the Band sends a booking confirmation to the Client by email."

Really? What if the email goes astray? Or the wrong email address is typed in? Or the customer doesn't receive the email due to some problem with their ISP? How do the band know the customer has actually received the email?

What about the deposit? Surely the deposit is key here? There was no deposit paid.

These were NOT the original T&C's ^^^
http://www.hulagroove.co.uk/TandCs.pdf

document has been changed
PDF was created 09/08/2010 17:15:33







edgex 09-08-2010, 12:41 PM

edgex wrote: »

T&C's are not obviously available, only linked to from booking form
http://www.hulagroove.co.uk/TandCs.pdf

Contracts & Booking requirements
The Band cannot guarantee the presence of any specific Band members at the event. All Band members are subject to change without notice.

A deposit of 25% is due at the time of booking. The remaining cleared payment must be received no later than 14 days before the event (by bank transfer or cheque).
Cancellation and Postponement Policy
In the event of Client cancellation or postponement more than 6 weeks in advance of the performance, 75% of the agreed Band fee will be due. At less than 6 week’s notice or in the event of any breach of these Terms and Conditions the full fee will be due.

Equaliser123

pinkshoes wrote: »

It's good to hear the other side of the story, but firstly, your T&Cs only state that if you cancel within 6 weeks of the performance, you need to pay 75% of the deposit. The only mention of payment is paying within 2 weeks of the performance date.

It certainly does NOT state that instant payment is required, with a ridiculous daily % rate. That is an unfair T&C which would be laughed out of court.

It also states that the band (and thus contract) is not confirmed until the deposit has been paid, so in a court of law, the judge would see it as no contract.

This is simply not correct.

The cancellation clause says:

"In the event of Client cancellation or postponement more than 6 weeks in advance of the performance, 75% of the agreed Band fee will be due" (emphasis added)

I don't think they have said that there is a daily rate of 8.5%.

And as for your final point, the terms actually say: "All bookings are legally binding from the moment the Band sends a booking confirmation to the Client by email."

agmoore

We were emailed to say that 8.5% daily interest would be charged if we didn't pay on time.

The terms have been changed. I have hard copies of both and screen shots of both PDFs with different creation dates. The band cannot enforce different Terms that were only amended on 9th August 2010.

Takoda

Are you going to try the CAB? See what they say about the change in T&Cs?

Again the 'fine' of 8.5% smacks of of desperation. I'm 100% sure that charging such a sum cannot be legal.

I would call their bluff if I were in your position. I have a hunch that it won't come to anything. Like the parking 'fines ' that supermarkets try to charge people.

Do you mind if I ask how much he's trying to screw out of you? There are no prices on the website - they probably try to get more money out of rich people.

Spartacus_Mills

agmoore wrote: »

Thanks for your comments, some have been really helpful and we are appreciative of them.

While we appreciate the constructive advice, could these be restricted to the dispute and the contractual issues rather than slurring the band.
The band itself have a good performance reputation, that was never the issue. The issue has always been about the contractual issue, not the bands ability to perform.

Would those that have nothing constructive to say, please refrain from posting defamatory comments about the band going forward.

I would also like to state (for the record), that my partner and I do not form the opinions of any members of this forum.

Thank you.

Ooops, whose got a smacked bottom from the band and their management then !!!!!!!

Spartacus_Mills

Takoda wrote: »

Are you going to try the CAB? See what they say about the change in T&Cs?

Once a contract is formed the terms cannot be changed without the agreement of either party.

Spartacus_Mills

OlliesDad wrote: »

I think you may have misread pinkshoes. The t's and c's state that within 6 weeks 100% is due, outside of 6 weeks 75% is due.

This is irrelevant anyway as they arent enforcable without consideration anyway.

I also suspect that the member "Hula Groove" is not really the band manager

Consideration exists in the original contract, if it is held, the money from the OP in exchange for the performance from Hula Groove.

Altarf's post on the first page summed up the situation very well.

Hula Groove should be seeking liquidated damages for breach of contract. I do not see how they can charge a flat 75% or 100% of the cost. They should simply be offsetting their losses which can be quantified.

agmoore

Spartacus_Mills wrote: »

Consideration exists in the original contract, if it is held, the money from the OP in exchange for the performance from Hula Groove.

Altarf's post on the first page summed up the situation very well.

Hula Groove should be seeking liquidated damages for breach of contract. I do not see how they can charge a flat 75% or 100% of the cost. They should simply be offsetting their losses which can be quantified.

There was/is no Liquidated Damages Clause in the T&C's.