dressmaker wont refund

aoifekane

hello folks,
this is my first post and i wish it was in happier circumstances:( anyway to cut a long story short i am due to get married and found out i was expecting, i had my wedding dress but realised it wouldnt do so tried to sell it. in the meantime a few weeks ago i contacted a dressmaker to make me a new dress albeit in a bigger size. I went to the shop and paid £750 of a total of £2000 for the dress, the dressmaker told me the dress wouldnt be started until 2 weeks prior to wedding to get an accurate sizing, i never signed any contract whatsoever and was never given a receipt just a business card with amount paid handwritten on the back. Well a few days ago i lost my baby and was devastated, i realised my original dress would now do and i no longer needed the dressmaker to make me the dress, she has been horrible, as soon as she heard i was looking money back her whole attitude changed, she has basically told me that all im getting back of the £750 is a measly £150 as a goodwill gesture, she also said that in actual fact i should be made to pay the full £2000, im at my wits end and have had the week from hell. i have tried explaining that no contract was signed and no receipt given and also that the dress hasnt even been started yet but the dressmaker isnt budging, hoping someone on here can help me. im going to visit citizens advice tomorrow. thanks in advance, aoife

maninthestreet

You accepted her offer to make you the dress and you paid her money, so a contract was formed.
The dressmaker may have bought material in order to have made your dress, but that could probably still be used to make any wedding dress, so what losses is the dressmake claiming to have suffered as a result of you order cancellation?

aoifekane

she is saying exactly what you said, that she ordered material to make the dress and that she set aside time in april to make the dress. i also stated to her that the material could be used for other dresses and would not go to waste and that the time she set aside for my dress can now be used for other dresses.

aoifekane

anyone any ideas?

pimento

She may have turned away other business to reserve the time she was going to take to make your dress. With the best will in the world, it's not her fault you don't want the dress any more.
I don't think she's being unreasonable.

liam8282

You have paid £750, presumably this covers the materials and some sort of booking fee for the dressmakers.

If the dressmaker will only give you £150 and won't refund you what has been spent on materials, say you want the materials that your money has bought too.

Personally, I don't think you should expect to get the full £750 back, because the dressmaker has spent time and expertise fitting the dress for you, they may have turned down bookings because they expected to be making your dress, etc. But I do think you could come to a better agreement than £150.

Without a receipt or any proof, I think you will have a hard time proving anything.

It would be best to go back and try and sort it out in an amicable manner, that suits both you and the dressmaker.

halibut2209

Absolutely, tell her you want the material then. She can't have both the material and the money! (assuming the material is over the £150 offered)

ILW

If you can find her another customer to fill the gap and use the material, she should refund you.

aoifekane

liam8282 wrote: »

You have paid £750, presumably this covers the materials and some sort of booking fee for the dressmakers.

If the dressmaker will only give you £150 and won't refund you what has been spent on materials, say you want the materials that your money has bought too.

Personally, I don't think you should expect to get the full £750 back, because the dressmaker has spent time and expertise fitting the dress for you, they may have turned down bookings because they expected to be making your dress, etc. But I do think you could come to a better agreement than £150.

Without a receipt or any proof, I think you will have a hard time proving anything.

It would be best to go back and try and sort it out in an amicable manner, that suits both you and the dressmaker.

she hasnt fitted the dress for me, because i was pregnant she was waiting until 2 weeks prior to the wedding to fit me and have an accurate size. Shes a dress maker so the material ordered can be used for other dresses, so basically im being charged £600 for nothing

aoifekane

she has since told me that the materials cost £350

pimento

Why should she try to find another bride for your fabric?