Section 75 Claim Turned Down

schneckster

Been a while, I know, but I thought you might like an update.

I wrote back to the CC. Their reply was to once again say they weren't getting involved. They also stated it was their final position & to take it to the FOS if I didn't like it.

So I did. And won!

I gave the FOS a copy of all communication between ourselves & the venue and the CC, plus the diary we kept of all phone calls, conversations as well as letters of witness from people present at the time. The FOS said that we had acted in good faith and upheld our complaint. Ordered the CC to repay the initial amount plus interest since it was paid.

So much for the CC's legal team.

To add to the delight, the wedding day itself (two weeks ago) and the new venue couldn't have been better. Karma can be nice sometimes

Thanks again for all your advice.

Schneckster

InsideInsurance

opinions4u wrote: »

Just keep pursuing it for 8 weeks.

Provide a copy of the documentation.

Then go to the FOS.

You'll win there based on what you've posted here. Although it will take months.

They need to actually complain, not simply let the normal process continue for 8 weeks.

It doesnt appear to be a clear cut case though as you seem to think. The merchant has given conflicting advice but their current position is that there is no problem and the prior advice that the room is too small was a mistake.

Clearly it was going to be a bit tight and the OP knew that when booking. Its going to be a bit of a dice roll on if the uncertainty is sufficient a justification to breach the contract.

tinkerbell28

InsideInsurance wrote: »

They need to actually complain, not simply let the normal process continue for 8 weeks.

It doesnt appear to be a clear cut case though as you seem to think. The merchant has given conflicting advice but their current position is that there is no problem and the prior advice that the room is too small was a mistake.

Clearly it was going to be a bit tight and the OP knew that when booking. Its going to be a bit of a dice roll on if the uncertainty is sufficient a justification to breach the contract.

Well they won.

schneckster

InsideInsurance wrote: »

They need to actually complain, not simply let the normal process continue for 8 weeks.

Which we did. As per the guides, we wanted their final position before escalating. The 8 weeks is for when you get no response.

It doesnt appear to be a clear cut case though as you seem to think. The merchant has given conflicting advice but their current position is that there is no problem and the prior advice that the room is too small was a mistake.

The merchant told us before we had even seen the place they could do it. It was only after we paid the deposit they decided they couldn't. And only after we cancelled that they said they could again. Legal advice said saying they could after we cancelled was irrelevant as we had already accepted the anticipatory breach and misrep.

Clearly it was going to be a bit tight and the OP knew that when booking. Its going to be a bit of a dice roll on if the uncertainty is sufficient a justification to breach the contract.

Actually no. First contact before we had visited said they could do it. On visiting they repeated it saying they had done it before. It was not clear it was going to be tight, even on visiting.

As for uncertainty, their own emails showed enough for legal advice to say we could cancel for anticipatory breach & misrep. Said FOS better route as he was too expensive.

Added to this, I used a pseudonym email and made the same enquiry I made the first time. This time, they replied they could not fit our numbers in no matter what layout, a change from our first enquiry when they said they could. Sent that to FOS, too.

And as Tinkerbell28 says "Well they won"

It serves a point though, as the FOS said that my detailed records showed more than enough to find in my favour. In other words, keep detailed records & diaries just in case.

Schneckster

Clive_Woody

schneckster wrote: »

Been a while, I know, but I thought you might like an update.

I wrote back to the CC. Their reply was to once again say they weren't getting involved. They also stated it was their final position & to take it to the FOS if I didn't like it.

So I did. And won!

I gave the FOS a copy of all communication between ourselves & the venue and the CC, plus the diary we kept of all phone calls, conversations as well as letters of witness from people present at the time. The FOS said that we had acted in good faith and upheld our complaint. Ordered the CC to repay the initial amount plus interest since it was paid.

So much for the CC's legal team.

To add to the delight, the wedding day itself (two weeks ago) and the new venue couldn't have been better. Karma can be nice sometimes

Thanks again for all your advice.

Schneckster

Excellent result and congratulations on getting married.