dressmaker wont refund

unholyangel

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.

If they're charging the OP for it, there is. Since them charging for it AND keeping the material means they are profiting from the breach and not merely mitigating their losses.

Nor can they keep more than what their actual losses are. A deposit that doesnt reflect actual losses is more considered a prepayment and as such, forfeiture of it can amount to a financial penalty - unenforceable in law.

leoetal19

firstly i am so sorry about your baby; its a very sad time, i know from personal experience and arranging a wedding too is so stressful so big hugs from me x
have you thought of re-negotiating so getting her to make the bridesmaids dresses (dye the lace?) instead or make you a going away outfit with the difference fbetween fabric cost and deposit (so she still uses the time she set aside for you); then maybe try to sell the fabric on ebay?? that way you re-coup some losses, she has some business and you have something to show for your money?
its making best of a sad job here but remembering its no-ones fault and its best if everyone suffers the least losses possible. good luck with the wedding x

cockaleekee

aoifekane wrote: »

frustrations and sadness are 2 very different emotions.

Semantics - the point remains the same, you are not looking at the issue with a clear head.

lynnemcf

It seems here that you have no right to get your deposit back. She could even take you to court to get full payment.

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_service_providers_e/consumer_changed_my_mind_e/can_i_change_my_mind_about_buying_a_service.htm

aoifekane

leoetal19 wrote: »

firstly i am so sorry about your baby; its a very sad time, i know from personal experience and arranging a wedding too is so stressful so big hugs from me x
have you thought of re-negotiating so getting her to make the bridesmaids dresses (dye the lace?) instead or make you a going away outfit with the difference fbetween fabric cost and deposit (so she still uses the time she set aside for you); then maybe try to sell the fabric on ebay?? that way you re-coup some losses, she has some business and you have something to show for your money?
its making best of a sad job here but remembering its no-ones fault and its best if everyone suffers the least losses possible. good luck with the wedding x

ive already got my bridesmaids dresses and all in. thanks for the support i really appreciate it. i just want to now take the opportunity to thank all who have helped and supported me in here and i am now a little clearer at least on where i stand. i have to meet the dressmaker tomorrow so any tips on what to say to her would be appreciated, i dont think a simple "give me my money back" will work:D hopefully i can get it sorted, im basicaly going to trying and put my point across that i would be willing to give her the £350 worth of material to use on other creations if she could only give me the other £400 back, hopefullyit works

jumpedtheshark

lynnemcf wrote: »

It seems here that you have no right to get your deposit back. She could even take you to court to get full payment.

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_service_providers_e/consumer_changed_my_mind_e/can_i_change_my_mind_about_buying_a_service.htm

I disagree. From your link:
"Getting your deposit back

If you have paid a deposit, the trader may refuse to return it. You could challenge this if you feel that the deposit was more than the trader needs to compensate them for any loss caused by your cancellation. But in most cases, deposits are seen as a way of protecting the trader against cancellation. So, even if you took the trader to court, it’s unlikely you’d get your deposit back."

The bit in bold is what we're all arguing about

halibut2209

lynnemcf wrote: »

It seems here that you have no right to get your deposit back. She could even take you to court to get full payment.

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_service_providers_e/consumer_changed_my_mind_e/can_i_change_my_mind_about_buying_a_service.htm

She's not buying a service, she's buying a dress

cockaleekee

halibut2209 wrote: »

She's not buying a service, she's buying a dress

She is paying for the dressmaker to make her a bespoke dress, hence she is paying for a service.

aoifekane

lynnemcf wrote: »

It seems here that you have no right to get your deposit back. She could even take you to court to get full payment.

"Once you’ve made a firm agreement with a trader, you have a legal contract with them, even if there is nothing in writing. If you cancel a service under these circumstances and there’s nothing in your contract to say you can cancel, you’ll have broken your contract with the trader. You will probably lose any deposit you have paid and the trader may even take you to court to claim back the loss of the profit they would have made on the job."

i read this earlier, this is the bit that gets me, since i didnt sign any agreement what contract am i governed by?

WestonDave

In your case the contract is the verbal discussion you had where you said "please make me a dress", she said "OK that will be £2000, and I need £750 up front" which you then confirmed by complying and handing over the cheque. As no right to cancel was mentioned, its not a part of your contract. Obviously writing a contract down makes it easier to be clear what was agreed, but unless she said "If you decide you don't want the dress before X date you can cancel and have your money back" you fall into the "nothing in your contract to say you can cancel".

Edited to clarify - a contract has a specific legal meaning which may include putting it in writing but it occurs where there is "offer" "acceptance" and "consideration" - the offer and acceptance are clear cut, the consideration bit would apply if you hand over money and she does something towards the contract - books out time, orders material etc.