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Pressured into buying photos - What right to refund?

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  • leamingtonspaceman
    leamingtonspaceman Posts: 201 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 27 February 2013 at 1:42PM
    Yes...I would have certainly walked out.

    Thing is, I'm a confident guy, into my forties and who can take care of himself. My niece is a young girl and still quite naive about the world. It's easy to say she could have just walked away...but it is a fact that not everyone is able to do that when pressured by such selling practices. This is borne out by the very fact that many many people, young, middle-aged and elderly still fall into these situations and pay out lots of money to unscrupulous sales people.

    I wish she'd told me about it before it happened. I, and I'm sure the rest of you who've kindly replied here would have told her to stay away. But we're all far more worldly-wise. These sales people aren't stupid and I'm sure would never have been so forceful in their sales pitch with us. But a young mum, gullible but intensely proud of her beautiful son and looking forward to a 'photo-shoot' is certainly a target for predatory sales techniques.

    She's told me that the sales person was extremely rude. Amongst other things, he asked her to keep her son quiet when he was crying. She said she wanted to go home and think about it before she committed. He left her in a room for five minutes before returning and saying "so, have you had time to think about it?" She has told me she was quite scared. The guy had apparently offered her a discount and he kept saying "we need you to place the order tonight because I can't do the discount for you tomorrow." All the usual 'tried and tested' methods.

    Anyway...I'm going to go in with her and see what these people are all about. It'll be interesting to see how they react?

    Thanks again for your replies :)
  • Feel genuinely sorry for her as these sort of people are absolute sharks. You could claim duress but I think you would need to show more than what you have actually said.

    I would certainly have a word with Trading Standards as, if nothing else, they can be alerted to this sort of unfair trading practice.
  • pinkshoes
    pinkshoes Posts: 20,566 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes...I would have certainly walked out.

    Thing is, I'm a confident guy, into my forties and who can take of himself. My niece is a young girl and still quite naive about the world. It's easy to say she could have just walked away...but it is a fact that not everyone is able to do that when pressured by such selling practices. This is borne out by the very fact that many many people, young, middle-aged and elderly still fall into these situations and pay out lots of money to unscrupulous sales people.

    I wish she'd told me about it before it happened. I, and I'm sure the rest of you who've kindly replied here would have told her to stay away. But we're all far more worldly-wise. These sales people aren't stupid and I'm sure would never have been so forceful in their sales pitch with us. But a young mum, gullible but intensely proud of her beautiful son and looking forward to a 'photo-shoot' is certainly a target for predatory sales techniques.

    She's told me that the sales person was extremely rude. Amongst other things, he asked her to keep her son quiet when he was crying. She said she wanted to go home and think about it before she committed. He left her in a room for five minutes before returning and saying "so, have you had time to think about it?" She has told me she was quite scared. The guy had apparently offered her a discount and he kept saying "we need you to place the order tonight because I can't do the discount for you tomorrow." All the usual 'tried and tested' methods.

    Anyway...I'm going to go in with her and see what these people are all about. It'll be interesting to see how they react?

    Thanks again for your replies :)

    I DESPISE companies who use these dirty tactics!

    To use pressure selling tactics and keep a mother with a young child there until 6.30pm it totally out of order.

    I think I would WRITE to the company, highlighting their unfair sales tactics, and making it difficult for the person to leave, despite having an unwell child, and ask for a full refund.

    I'd tell them that if they're not prepared to refund, you will be reporting them to trading standards and taking the matter further.

    I'm all for laughing at gullible people who fall for these pressure sales, but doing it to someone with a young child present is just totally unfair!

    In the mean time, well done for naming and shaming Venture Photography. £750 for 3 poxy photos?!?!?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • I had a similar experience with a company called Venture Portraits a number of years ago. Entered a free draw, got a call to say I had won the draw and got a photo shoot of the kids. Photos were expensive but we bought a couple. I suspect everyone who entered the draw won a photo shoot!!! They had a contract to sign when ordering the photos which said they could use the photos in publicity and I had to tell them there was no way they were using my children as free publicity due to the nature of my husbands job, they agreed and I scored it all out. A short while later we discovered a relative of ours did the same thing and upon reading the contract proceeded to tell them it was an unfair contract (they worked for trading standards at the time) and told them they could not force the issue. I'm not sure if any action was taken against the company or not.

    To be honest these days I would never get myself in the same situation. You can get great quality cameras and get them taken yourself or get a friend to do it. We do our own family photos ourselves now. I do agree though you do feel pressurised, it's difficult, not everyone is good at saying no!
  • Cooper18
    Cooper18 Posts: 286 Forumite
    I sympathise. A colleague of mine (a doctor) and his GP wife were suckered out of over a grand during one of these sessions. Two more confident people you will never meet. But after the high pressure sales pitch, the locking them in a room to view their images on a big screen, and the ploy of "we're going to destroy these images if you don't buy them right now" they caved and bought a lot more than they had intended. They were given the treatment for almost 3 hours.

    I've seen the photos. They're pretty crap. Certainly not hundreds of quids worth.

    Sadly your niece has learned a very harsh and expensive lesson. I'm no good at letting things like that go, but I don't think you'll get anywhere with this one.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    pinkshoes wrote: »
    I think I would WRITE to the company, highlighting their unfair sales tactics, and making it difficult for the person to leave, despite having an unwell child, and ask for a full refund.

    You'll probably find they're fully aware of the sales techniques TBH...
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Was there any agreement (timescale) for completion of the contract? (Delivery of the photos). If not then we are past 15 days since the event - could OP's niece initiate a chargeback due to non-performance of contract?
  • lucy03
    lucy03 Posts: 520 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I'd speak to trading standards and ask them whether there has been a potential breach of the 2008 Consumer Protection from Unfair Trading Regulations.

    There might be possibility to invoke the rule against the pressure selling element, the guidance of which notes:

    "Limited time only. Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice."

    This might not work, but it's possibly worth a try.
  • mazza111
    mazza111 Posts: 6,327 Forumite
    I've been to several of these make over things where you get hair cut, make over and a free photo. Worked out quite well on price and was cheaper than a trip to hairdressers :)

    It's all about being strong when it comes time to get the photo. Pick the one that's free. Then be strong and refuse any of the rest. Lift your handbag and leave.

    No other advice other than that I'm afraid. It's the photos they make the big money on, so are going to try and sell sell sell.
    4 Stones and 0 pounds or 25.4kg lighter :j
  • Thanks for all your replies.

    Yes...it's looking like a tough lesson learnt. I've told her no end of times to get a credit card and pay for everything with that. At least there is some recourse to dispute the transaction then.

    The bullying tactics used are far from ethical and I'm gutted that she fell for it all. The more she tells me, the more I'm shocked that a grown man would 'bully' someone into this. It's a sad state of affairs.

    I'm going with her tomorrow to have a polite chat with this guy and see what he has to say.

    Here's a link to the offer:

    http://www.venturephotography.com/book-your-venture-experience/

    Basically it was purchase of the voucher for £35 and then the 'experience' etc. She paid the £750 on 21st Jan but still no photos. Is there any recourse to the fact that she paid before any photos were produced? Is paying upfront acceptable in these situations?

    Thanks.

    As you've been told above, no. The transaction has been completed and has no cooling off period.

    Paying with a Credit Card wouldn't help, as the company hasn't broken any laws or infringed any rights.
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