Legal Action for services not delivered!

Flonglee

Please help. :sad: Not sure if this is the right place but I need help. My sister booked a catering company for her wedding. After she booked them, the date and venue changed. She called to confirm both changes and also sent them a copy of the invitation to confirm that they had the details.

Despite this they didn't turn up. It turns out that they had not changed the date on their books and as they had confirmed it, believe that they are still within their rights to demand full payment.

My sister is now abroad on her honeymoon and can't access emails very often, but he is insisting on payment by the end of the week (she's not back in the country until next week and doesn't want to pay anyway). I tried to speak to him today and he agreed to give us an extra week and asked me to email to confirm. He's now saying in his email response that he'll only do that if I give him my home address and phone number. And he's threatening legal action if we don't do what he demands. Where do we stand? I'm getting really stressed and don't want this to ruin my sister's honeymoon.

bod1467

You don't stand anywhere (unless you want to). You don't have any contract with him, so tell him to take a flying jump - he has no business knowing your phone number or address.

Did he turn up at the originally-stated venue on the originally-stated date?

Did your sister get anything back from them to acknowledge the change of date and venue? (If she called, did she note the date/time and who she spoke with?)

halibut2209

Whatever you do, do not agree to pay in a week (not that you have a contract with him anyway) as this could be seen as an admission

Flonglee

She had contacted him when he didn't turn up so they had clearly discussed that he'd got the wrong date before the date he thought it should have been.

I think she could get the date and time from her mobile phone records and she has the emails where she sent a copy of the invitation. She got no confirmation from them of the change of date, other than the phone conversation.

He's claiming that it's failure to pay for a late cancellation! I'm just scared that he's going to press on with the legal action.

bod1467

He won't. All he can claim are his provable losses, and he must show that he has taken steps to mitigate such losses.

Was the new date before or after the old date?

Flonglee

I have only agreed to resolve the issue and made it clear that if this isn't in the form of payment, that I know he wants to press on with legals.

Don't think he's going to drop it though.

Flonglee

The original date was the day after. (Wedding was originally Saturday but moved to Friday).

unholyangel

Were the phone calls made shortly after the emailed invitation was sent? How many weeks notice? What did they say over the phone when your sister called to confirm they had received it and it was okay etc?

Small claims goes on the balance of probabilities. Written proof is preferable for obvious reasons, it weighs greater on the balance of probabilities. However if the phone call was made within hours of the invitation being sent, and you can provide receipts of replacement food purchased and/or letters from guests, then i'd say your sisters version of events would be seen as what likely happened (balance of probabilities).

How much is he charging for the "late cancellation"? What was the total contract price? Didnt they get a deposit from your sister already?

Flonglee

The venue was changed so she had emailed that to them, and followed up with a phone call because she'd forgotten to include the change of date. It was confirmed verbally but there's no proof of this. Not sure about how much notice but it wasn't last minute by any means. The invitation wasn't followed up with a phone call, but he acknowledged that he had received it when the dispute began. He complained that it had to be opened and enlarged. We had provided a small buffet of sandwiches and snacks for those who wouldn't have the hog roast (veggie/non-pork), and we had over-catered a bit for this so that was all the food we had. We didn't buy extra.

They paid £100 deposit when they booked and he is demanding the full balance as payment (£474 extra). There was no signed contract etc.

bris

It all hinges on whether or not you can prove he knew and agreed to change the date, he was under no obligation to do so and he probably knows that.

Flonglee

We can't prove it because it was done on a phone call