Hula Groove Wedding Band - Threatened court action!

shortchanged_2

I understand people have a right to charge cancellation fees but these have to be reasonable.

I think if your case ever went to court any sensible judge would laugh it out of court as they want a ridiculously high cancellation charge when you are cancelling so far in advance.

There is also the issue as some others have stated that if a contract is actually existing as no money has actually changed hands.


With these guys I would question whether even if you cancelled a few days before the event they should be charging 100% because it wouldn't truly reflect their losses, because instead of performing they could be at home with their feet up watching tv not incurring any travelling costs and refreshments for the perfomers etc.

Anyway keep us updated of the outcome.

agmoore

Received this...

Without Prejudice

NOTIFICATION OF COURT ACTION TO XXX

We have not received payment of your cancellation fee which was due on 10/8/2010.

As previously explained, if payment has not been received by 10:00 am on 11/8/2010 a County Court summons will be issued in your name as the original booking was made in your name.

Once the summons has been issued you will be notified by the court and given an opportunity to pay the claim or defend yourself in court. In the event that you lose the case you will be charged additional legal costs, court fees and interest.

When you made this booking you entered into a legally binding contract with us and agreed to our Terms, Conditions and Cancellation policy. I regret that we are not in a position to waive the cancellation fee and will not hesitate to take legal action if this matter is not resolved immediately.

Please note that no further notification will be sent before a court summons is issued. Failure to respond to this email could result in substantial additional costs or a judgment being entered against you in court.

cyberbob

It's all hot air they're trying to scare you into paying. Have a word with the CAB.

Its making Hula Groove look very bad as these MSE threads normally get pretty high in the searches anyone who is searching for them will hopefully stumble across this thread and then realise what they would be dealing with if the booked them.

somethingcorporate

cyberbob wrote: »

It's all hot air they're trying to scare you into paying. Have a word with the CAB.

Its making Hula Groove look very bad as these MSE threads normally get pretty high in the searches anyone who is searching for them will hopefully stumble across this thread and then realise what they would be dealing with if the booked them.

What this guy said.

Personally, I'd put in my own claim for the 25%. Send them a letter and pinch some of their wording

Good luck.

Edit: By the way, this smells awfully like one of those PPC scams, get yourself over to the parking ticket forums to view a number of other companies that use these kinds of tactics to make their rediculous "penalties" look legit. They never go as far as court because they know they will get laughed out of it. Regardless of any T&Cs they put you cannot have a purely punitive "fine" in a contract and this is exactly what 25% would appear to be to me, let alone pursuing you for the full amount.

shortchanged_2

Totally agree with cyberbob as hulagroove are acting like a total bunch of losers. They have a discretionary right to cancel a contract if they wish but are being totally pathetic.

"I regret that we are not in a position to waive the cancellation fee" Why? Do they have cashflow problems or something?


As I stated before they want money for nothing as they have plenty of time in which to secure another booking for that date.

Anyway, gather yourself a strong legal case as to why you should not be forced to pay that extortionate amount and write back to them stating your case and say see you in court. Maybe get some professional legal advice first to confirm your standing.

skintdragon

unholyangel wrote: »

Isnt Hula Groove by any chance is it?

Have you checked their website to see if they are still advertising themselves as avilable for the night in question?

Unholyangel, how did you manage to guess that? Am well impressed! :j

I don't really have much to offer here except good luck wishes to OP as I can only imagine how stressful this situation is for you. Shame on them. With their long-winded wishy washy T&Cs I'm surprised the band themselves know what they are inside out. It would be interesting to see if they do!

utterly disgusting behaviour on their part and i hope you fight them to the bitter end!

Good luck!! :T

dacouch

Apart from any of the other legal issues do any of the legal bods on MSE know is a letter before action is valid if it's issue by email and allows such a short time for payment or dispute of the amount ?

OP if you have Home Insurance you will probably have free legal advice via the phone with it, have a look in your policy booklet

Swan_2

cyberbob wrote: »

Its making Hula Groove look very bad as these MSE threads normally get pretty high in the searches anyone who is searching for them will hopefully stumble across this thread and then realise what they would be dealing with if the booked them.

I was thinking the same thing, I can't see Hula Groove coming out of this looking very good at all & rightly so, ridiculous T&Cs

sorry I've nothing practical too add, but just want to say good luck agmoore

pulliptears

Also agreeing, Hula Groove are beginning to look rather silly. Their greed could well cost them thousands in the long run as most people will search 'Hula Groove Band reviews' on google before booking.....

I said, Hula Groove Band Review

unholyangel

skintdragon wrote: »

Unholyangel, how did you manage to guess that? Am well impressed! :j

Google is thy friend Nothing fancy i'm afraid