dressmaker wont refund

cockaleekee

aoifekane wrote: »

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.

But what if she has genuinely turned down work for that period, and cannot get any more?

aoifekane

i thought that if no contract was signed then i may have had a case but is this wrong?

Buzby

The customer of a bespoke item is in no position to dictate terms. The firm has agreed agreed a goodwill gesture, based on abandoning the project - there would be no right to the material based on the deposit paid.

Whist external forces dictated the change of plan, this is of no concern to the firm, who agreed a price and the payment of the deposit confirmed that price and the work to be done. Forcing the issue via a SC could be an even greater risk, as the loser will have to pay the winner's capped costs in addition to the costs of raising the action.

aoifekane

cockaleekee wrote: »

But what if she has genuinely turned down work for that period, and cannot get any more?

shes an international dressmaker and has won numerous awards for her creations, i dont think shes stuggling for work

cockaleekee

aoifekane wrote: »

i thought that if no contract was signed then i may have had a case but is this wrong?

That's wrong, a contract can be verbal and/ or by action.

pimento

unholyangel wrote: »

The post you quoted answers that question too.

How would you know if she had tried to sell it? Wouldn't it be better, if the fabric is such a popular type, to try to sell it yourself than rely on somebody to whom whether it is sold or not matters not?

cockaleekee

aoifekane wrote: »

shes an international dressmaker and has won numerous awards for her creations, i dont think shes stuggling for work

But you don't know that.

I would suggest you take a step back, give yourself time to sort out your other worries, and then look at this again when things are a little less emotional for you. It seems like you are using it as an avenue to vent your frustrations.

Buzby

aoifekane wrote: »

i thought that if no contract was signed then i may have had a case but is this wrong?

Yes. Payment was made in recognition of the services to be provided. Formal paperwork is helpful in case of a dispute, but is not a formal requirement.

jumpedtheshark

Buzby wrote: »

The customer of a bespoke item is in no position to dictate terms. The firm has agreed agreed a goodwill gesture, based on abandoning the project - there would be no right to the material based on the deposit paid.

Whist external forces dictated the change of plan, this is of no concern to the firm, who agreed a price and the payment of the deposit confirmed that price and the work to be done. Forcing the issue via a SC could be an even greater risk, as the loser will have to pay the winner's capped costs in addition to the costs of raising the action.

Totally agree, which I why I said she should seek to avoid it. At the very least, however, she should get the £350 worth of fabric plus the £150. If the dressmaker is totally belligerent, that's where I'd end it. I'd then sell the fabric myself.

However, if the dressmaker is the professional she's meant to be, she'll know she needs to be able to demonstrate her losses (the £250) in order to be able to keep the money, so she should either quickly do so in the context of a friendly meeting or agree to settle for a partial refund based on the fact that she'll likely fill up that time in the coming weeks.

aoifekane

cockaleekee wrote: »

But you don't know that.

I would suggest you take a step back, give yourself time to sort out your other worries, and then look at this again when things are a little less emotional for you. It seems like you are using it as an avenue to vent your frustrations.

frustrations and sadness are 2 very different emotions.