dressmaker wont refund

cockaleekee

aoifekane wrote: »

yea because a misscarriage is a simple change of mind isnt it:mad:

The miscarriage, whilst very unfortunate, did not mean that you had to change your mind about the dress.

Perhaps you are still too upset to deal with this with a clear head? As sad as your situation is, you need to separate the two issues.

Torry_Quine

I think that you need to concentrate on the loss of your baby. I can see that from your perspective you have a monetary loss but she is running a business and no matter the tragic circumstances she can't change her position due to that.

Take time to grieve.

pimento

aoifekane wrote: »

yea because a misscarriage is a simple change of mind isnt it:mad:

Stick to plan A then. Have the dress made using the material you have bought and the deposit you have already paid and sell the other dress.

You will be no more out of pocket than you would have been before.

aoifekane

pimento wrote: »

OK, allow me to re-phrase the question.

Why would she try to find a buyer for your lace?

its not custom made lace that can only be worn for me, she is a dress maker im sure it will come in handy. i intend to ask for the lace back if she isnt willing to meet me halfway

jumpedtheshark

pimento wrote: »

If you say so.

It's obvious the OP is distraught about all of this, so please remember to be nice to all moneysavers...

OP, can she demonstrate any work she's lost for that period in April? If the fabric was £350, and she's offered you £150, only the £250 is tied to time in April. The £250 has to be for future time not past time because, like you said, she didn't fit you. If this were to end up in Small Claims Court (which you should avoid!), she'd have to prove that she'd really lost that £250-worth of time in order to be able to keep the £250 and it not be seen as a penalty.

So, it might be worth encouraging her to reach a deal: £150 plus she can keep the fabric for 1/2 the cost refunded (£175) plus £125 (half of the £250) now just to get this settled, ie. £450 total. Otherwise, tell her you'll see her in Small Claims for ALL of the fabric + £150 + £250 in full unless she can prove her lost time for April, ie. fabric plus £400.

OP, I am very sorry about everything that's happened, and I hope that you're able to enjoy your wedding day.

unholyangel

cockaleekee wrote: »

I do think you are being unreasonable. She has effectively put aside two weeks to make your dress, and may have turned down other work as a result of this. By all means ask for the material that she has bought, or for her to refund you for the material if she uses it in the future, but I don't see that she should be out of pocket due to your change of mind.

She might have done a lot of things. What she might have done isnt relevant. What actual losses she has suffered as a result of the OP's breach of contract is relevant.

The £600 may or may not be excessive. It depends on what her losses are and whether she can mitigate any of those losses.

unholyangel

pimento wrote: »

OK, allow me to re-phrase the question.

Why would she try to find a buyer for your lace?

The post you quoted answers that question too.

cockaleekee

jumpedtheshark wrote: »

It's obvious the OP is distraught about all of this, so please remember to be nice to all moneysavers...

OP, can she demonstrate any work she's lost for that period in April? If the fabric was £350, and she's offered you £150, only the £250 is tied to time in April. The £250 has to be for future time not past time because, like you said, she didn't fit you. If this were to end up in Small Claims Court (which you should avoid!), she'd have to prove that she'd really lost that £250-worth of time in order to be able to keep the £250 and it not be seen as a penalty.

So, it might be worth encouraging her to reach a deal: £150 plus she can keep the fabric for 1/2 the cost refunded (£175) plus £125 (half of the £250) now just to get this settled, ie. £450 total. Otherwise, tell her you'll see her in Small Claims for ALL of the fabric + £150 + £250 in full unless she can prove her lost time for April.

OP, I am very sorry about everything that's happened, and I hope that you're able to enjoy your wedding day.

All she would have to prove is that she has turned down other work for that period. That would be very simple to do, either by showing emails to/ from prospective clients, or even showing how busy she is at other times.

Even if these emails did not exist, they would be very simple to make up. Plus, does the OP really need the hassle of a court claim, that may not go her way?

cockaleekee

unholyangel wrote: »

She might have done a lot of things. What she might have done isnt relevant. What actual losses she has suffered as a result of the OP's breach of contract is relevant.

The £600 may or may not be excessive. It depends on what her losses are and whether she can mitigate any of those losses.

Absolutely - I have not suggested otherwise.

aoifekane

jumpedtheshark wrote: »

It's obvious the OP is distraught about all of this, so please remember to be nice to all moneysavers...

OP, can she demonstrate any work she's lost for that period in April? If the fabric was £350, and she's offered you £150, only the £250 is tied to time in April. The £250 has to be for future time not past time because, like you said, she didn't fit you. If this were to end up in Small Claims Court (which you should avoid!), she'd have to prove that she'd really lost that £250-worth of time in order to be able to keep the £250 and it not be seen as a penalty.

So, it might be worth encouraging her to reach a deal: £150 plus she can keep the fabric for 1/2 the cost refunded (£175) plus £125 (half of the £250) now just to get this settled, ie. £450 total. Otherwise, tell her you'll see her in Small Claims for ALL of the fabric + £150 + £250 in full unless she can prove her lost time for April.

OP, I am very sorry about everything that's happened, and I hope that you're able to enjoy your wedding day.

thanks for the support, it has been the hardest time of my life over the last week or so, it wouldve made a whole lot of difference if the dressmaker had tried to be reasonable or understand the predicament i now find myself in through no fault of my own and whilst i fully realise she has a business to run i wasnt expecting her to drop everything and make my dress this instant, like i said i would be happy to sette for £400, she gets to keep £350 with the materials for free, hopefully we can both come to an amicable agreement.