Hula Groove Wedding Band - Threatened court action!

agmoore

I believe there is a problem which I hope we can overturn.. They say we clearly agreed to the Terms & Conditions and digitally agreed to it. With this in mind they say we owe them 75% (a lot of money) for the cancellation. I understand the need for cancellation policies, i'm not doubting that. What I am doubting is the fact that (within a reasonable amount of time), and with no money exchanged we have simply changed our minds.

We shouldn't be taken to court over this.
I think on principle I will speak to legal advisor tomorrow.

cyberbob

agmoore wrote: »

I believe there is a problem which I hope we can overturn.. They say we clearly agreed to the Terms & Conditions and digitally agreed to it. With this in mind they say we owe them 75% (a lot of money) for the cancellation. I understand the need for cancellation policies, i'm not doubting that. What I am doubting is the fact that (within a reasonable amount of time), and with no money exchanged we have simply changed our minds.

We shouldn't be taken to court over this.
I think on principle I will speak to legal advisor tomorrow.

I personally do not think they legally have a leg to stand on. Will be interested to hear the official legal position

pinkshoes

agmoore wrote: »

We contacted the band to release the date and have been threatened with legal action if we don't pay 75% of the fee in 7 days.

The cooling off period for distance selling doesn't cover this, and the band is going to charge 8.5% interest for everyday we don't pay.

Their T&Cs say:

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).

Where on earth have they got this 8.5% interest and immediate payment of 75% from, given it doesn't state that anywhere in their own T&Cs?? At worst, you will be due to pay 75% of the cost, and no later than 14 days before the performance is due to take place.

Under distance selling regulations, I really don't see how booking a band and then cancelling within 7 days isn't covered by this. If someone knows otherwise, perhaps they can paste the correct paragraph into this thread, as bands do NOT come under the exemption list:

Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12; (b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier; (c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly; (d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer; (e) for the supply of newspapers, periodicals or magazines; or (f) for gaming, betting or lottery services.

shortchanged_2

Get legal advice but I sure as hell would not pay the extortinate amount they are requesting seeing as you have cancelled so far in advance.

There may well be issues with unfair terms of contract here.

neilmcl

pinkshoes wrote: »

Under distance selling regulations, I really don't see how booking a band and then cancelling within 7 days isn't covered by this. If someone knows otherwise, perhaps they can paste the correct paragraph into this thread, as bands do NOT come under the exemption list:

Maybe you should read this bit:

The right to cancel doesn't apply to -

Contracts to provide accommodation, transport, catering or leisure services (for example hotel accommodation; plane, train, or concert tickets; car hire;10 or sporting events) where you agree to provide

the service on a specific date or within a specific period. However, long-term residential hotel accommodation agreed under a distance contract may be considered to be rented accommodation and therefore subject to the DSRs.

mountainofdebt

There seems to be a growing band of people who think that they can mess people around by changing their minds, having accepted terms and conditions, and simply walk away from their obligiations.

I'm sorry OP but no-one held a gun to your OH's head to book the band. The band may have given the impression that they would be booked up and hence unavailable but at the end of the day they were out to sell their wares and that's what salesmen do...try to create the illusion that it will be the end of the world if the buyer doesn't make a decision there and then. It may have been more appropriate to check the budget before booking the band and not afterwards.

My feeling is that you will have to at least pay them the deposit and I also have the feeling that if this did go to court then you would be liable for the 75%.

Personally after reading their t&cs I would have walked anyway......sound right little divas

Optimist

pinkshoes wrote: »

Under distance selling regulations, I really don't see how booking a band and then cancelling within 7 days isn't covered by this. If someone knows otherwise, perhaps they can paste the correct paragraph into this thread, as bands do NOT come under the exemption list:

.

I fear they do.

Have a look for partial exceptions, and leisure services arranged for a specific date...

pinkshoes

neilmcl wrote: »

Maybe you should read this bit:

The right to cancel doesn't apply to -

Contracts to provide accommodation, transport, catering or leisure services (for example hotel accommodation; plane, train, or concert tickets; car hire;10 or sporting events) where you agree to provide

the service on a specific date or within a specific period. However, long-term residential hotel accommodation agreed under a distance contract may be considered to be rented accommodation and therefore subject to the DSRs.

Thanks.

In which case, the OP will owe 75% of the cost, which they will have to pay no later than 14 days before the date of the event.

The instant payment and 8.5% interest per day is unreasonable and can't be added, as it wasn't explained in their T&Cs which should have been made clear at the time of booking.

agmoore, I presume the booking was all done in writing, so you sent them a written confirmation of your booking? (i.e. it wasn't a tentative verbal booking). Obviously the band would need proof of contract to take you to court.

unholyangel

pinkshoes wrote: »

Thanks.

In which case, the OP will owe 75% of the cost, which they will have to pay no later than 14 days before the date of the event.

The instant payment and 8.5% interest per day is unreasonable and can't be added, as it wasn't explained in their T&Cs which should have been made clear at the time of booking.

agmoore, I presume the booking was all done in writing, so you sent them a written confirmation of your booking? (i.e. it wasn't a tentative verbal booking). Obviously the band would need proof of contract to take you to court.

If it is the band i said earlier, then they do state on their website that if a booking is cancelled 6 weeks or more before the due date, 75% of the fee will apply but they dont say anything about 8.5% interest.

And to submit a booking, you need to enter the full details of yourself and the venue AND also agree to their T&C's by ticking a box.

HOWEVER, it does go on to say that in order to secure the booking, the 25% deposit must be paid within 14 days of booking. IMO that would mean no definite contract has been formed and shouldnt be subject to the 75% cancellation fee.

Of course this is purely speculation as the OP seems to have skipped over my post asking if this was in fact the band in question.

Equaliser123

I think the 8.5% probably comes from the Late Payments Act which provides for 8% above Bank of England base rate. But it ONLY applies in B2B transactions.

That said, if they do issue, they would be able to claim 8% under the County Courts Act.

To be fair, I've seen those terms lots of times - I suspect they are published by some sort of union or trade association - or have just been pinched.

Altarf has pretty much summed up the legal position.