Hula Groove Wedding Band - Threatened court action!

Equaliser123

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.

You are talking out of your posterior. The only claim which could be substantiated is one for UNliquidated damages based upon the assumption that the band has suffered loss.

Equaliser123

agmoore wrote: »

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.

I think the intent was to say that interest at a rate of 8.5% p.a. is claimable accruing on a daily basis. The actual rate is 8% under the County Courts Act.

Can someone confirm how the terms have changed?

Spartacus_Mills

Equaliser123 wrote: »

You are talking out of your posterior.

Coming from you I am sure the irony of that comment is lost on no-one.

My advice to you is to stop frothing.

Equaliser123 wrote: »

The only claim which could be substantiated is one for UNliquidated damages based upon the assumption that the band has suffered loss.

Mere semantics.

How the court would regard the charges of 75% of the full cost and 100% of the full cost would be interesting.

agmoore

OK, when we originally emailed to cancel three days after booking we were reminded of the T&C's. They attached these to an email which is in PDF form.
Under the Document Properties the information is displayed....

Created 11/03/2010 15:29:33
Modified 11/03/2010 15:29:33

PDF Producer: GPL Ghostscript 8.15

A few posts up show that the Terms have been changed (complete with screen grabs) from what I originally pasted at the start of this thread.
http://www.hulagroove.co.uk/TandCs.pdf is reflective of this change now.

Equaliser123

Spartacus_Mills wrote: »

Coming from you I am sure the irony of that comment is lost on no-one.

My advice to you is to stop frothing.



Mere semantics.

How the court would regard the charges of 75% of the full cost and 100% of the full cost would be interesting.

Hmmm. Not frothing.

And the difference between liquidated and unliquidated damages is more than semantics!!!!!!!!!!

Equaliser123

agmoore wrote: »

OK, when we originally emailed to cancel three days after booking we were reminded of the T&C's. They attached these to an email which is in PDF form.
Under the Document Properties the information is displayed....

Created 11/03/2010 15:29:33
Modified 11/03/2010 15:29:33

PDF Producer: GPL Ghostscript 8.15

A few posts up show that the Terms have been changed (complete with screen grabs) from what I originally pasted at the start of this thread.
http://www.hulagroove.co.uk/TandCs.pdf is reflective of this change now.

I can't see too much difference unless I am reading the wrong version. How have they changed?

Equaliser123

Spartacus_Mills wrote: »

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

No - I suspect the OP doesn't want the dispute confused with non-issues.

shortchanged_2

agmoore wrote: »

OK, when we originally emailed to cancel three days after booking we were reminded of the T&C's. They attached these to an email which is in PDF form.
Under the Document Properties the information is displayed....

Created 11/03/2010 15:29:33
Modified 11/03/2010 15:29:33

PDF Producer: GPL Ghostscript 8.15

A few posts up show that the Terms have been changed (complete with screen grabs) from what I originally pasted at the start of this thread.
http://www.hulagroove.co.uk/TandCs.pdf is reflective of this change now.

I think it's about time the band gave up on this one and put it down to experience. They really are not doing themselves any favours continuing with any action.

Maybe it's the first time this has happened to them I don't know but my advice to the band is get over it, learn and move on. And seriously take a look at their riduculous T&C's.

agmoore

Just this line...

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

email."

That was never in the original T&C's, and changed on 9th August 2010. Way after we emailed to cancel.

Equaliser123

agmoore wrote: »

Just this line...

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

email."

That was never in the original T&C's, and changed on 9th August 2010. Way after we emailed to cancel.

What was in there before? Or is it simply an addition.