Does anyone have an answer to this one?

hollydays

The thing that strikes me,in your first post you call it an attendance fee.In your previous post,a non atttendance fee.The two are totally different.

Becles

anniegbrambles wrote: »

They sent her a letter of confirmation through the post - but neither of us checked the small print on the back of it!

I'm assuming the T&C's say that there will be a no-show fee charged if you don't turn up?

To be fair, they still have overheads to pay and will have had the make over staff and photographer ready and waiting for your call. I expect the no-show fee goes towards covering the overheads.

However if it doesn't state in the agreement what the no-show fee will be, then you are right to be annoyed at them taking the money.

albertross_2

It's clearly a scam, even the name gives it away..

DoubleTake Studios

I'd pursue the bank, and or trading standards, watchdog etc..

http://www.misunderestimated.co.uk/?p=6

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

Bamber19

Freddie_Snowbits wrote: »

If it is not a contract, then she should sue for her money back. Though I say payment is acceptance. Just the same as when you buy a newspaper in the morning, newsagent says 70P, I give 70P, I get newspaper!

You're mising what i was getting at, and that is that acceptance of a contract and an invitation to treat are two completely different things but you're suggesting they are one and the same which isn't helpful in the slightest.

I'm not suggesting there isn't a contract either, don't know how you got that from my post.

Since you like examples, here's one to explain to you what an invitation to treat is.

Newspaper sits on a shelf with a sign underneath "all newspapers 50p" that's an invitation to treat, you taking the newspaper up to the bloke at the counter and placing it down is the offer, acceptance comes from the staff. The contract is that when you pay you get the goods, the payment isn't the acceptance of the contract at all so your newspaper example is wrong aswell.

I don't mean to be annoying or target you bit it really annoys me when people purport to know about something and give out advice when what they say is wrong.

RadoJo

So if I am reading you correctly, then she had already given her card details before the Ts and Cs arrived? In which case I would say she had a stronger case, but it depends on what the banks consider as 'authorised' for the payment, and it sounds as though they think it is out of their hands.

However, as your daughter did have access to the Ts and Cs, it might be a tricky one - is there anything about being able to cancel within a certain time for no fee? If so, they could argie that once you had the Ts and Cs you could have cancelled the appointement if you weren't prepared to risk the other £98. I have to admit, it isn't as cut and dried as I first thought, but in light of the fact that it wasn't even your daughter who gave out her details, I would think your best bet might be writing to DoubleTake to explain the situation and see if they won't resolve it somehow. They rely on these kind of competitions and giveaways, and might be inclined to refund if they realise that their methods have crossed a line in this case!

ampersand

hollydays wrote: »

The thing that strikes me,in your first post you call it an attendance fee.In your previous post,a non atttendance fee.The two are totally different.

######
As I see it, the Attendance Fee(Insurance - style) was the £2.00
'Non-attendance' was the £98 no-show penaltyi.e theft.(intention to permanently deprive)
It's not inconsistent as I read it.
Please go to a local CAB or drop-in Law Centre. I hope you have both envelope and letter still.
Do your bit to stop these people, notwithstanding that they'll doubtless resurface under another name.

uktim29

ampersand wrote: »

£98 no-show penaltyi.e theft.(intention to permanently deprive)

Pushing it a bit there i think!

ampersand

uktim29 wrote: »

Pushing it a bit there i think!

########
Indeed so, but deliberate error in spirit of moral rectitude.

anniegbrambles

RadoJo wrote: »

So if I am reading you correctly, then she had already given her card details before the Ts and Cs arrived? In which case I would say she had a stronger case, but it depends on what the banks consider as 'authorised' for the payment, and it sounds as though they think it is out of their hands.

However, as your daughter did have access to the Ts and Cs, it might be a tricky one - is there anything about being able to cancel within a certain time for no fee? If so, they could argie that once you had the Ts and Cs you could have cancelled the appointement if you weren't prepared to risk the other £98. I have to admit, it isn't as cut and dried as I first thought, but in light of the fact that it wasn't even your daughter who gave out her details, I would think your best bet might be writing to DoubleTake to explain the situation and see if they won't resolve it somehow. They rely on these kind of competitions and giveaways, and might be inclined to refund if they realise that their methods have crossed a line in this case!

Yes - she gave her card details prior to seeing the t&c's, after being told on the phone that there would be no other fee to pay other than the £2 booking fee - which she was told was to ensure her attendance, plus payment for any photos she chose on the day. There is actually a clause un the t&c's saying the appointment cannot be cancelled - which according to ConsumerDirect is not legal. On their advice I have now written to Doubletake Studios requesting a refund under my rights as per the Consumer Protection (Distance Selling) Regulations 2000. I have to give them 28 days to refund the money according to the regulations.

I will keep you all posted!
Thanks again to all

gldkg

Well done Annie! Don't give up, this is a downright dishonest company and they need to be held to account. I'm glad that somebody linked to my site: http://www.misunderestimated.co.uk/?p=6, if anyone is in any doubt that this is a shady company I invite them to read my article and the comments from other visitors.

Here's a thought: If you mention that people are watching this thread I think they will be inclined to resolve the matter more quickly. People are reporting quick responses by contacting them using this email address: marketing@doubletake-uk.com

I wish you the best of luck, let us know how you get on.