Can my photographer increase price - paid for album never received it.

bells_on_it

Hi I'm after some advice?
5 years ago we appointed a photographer for our wedding. We paid £800 for an album with 80 pictures in it and we had to pick these 80 from 800 prints. Needless to say it's taken some time.
We've been back and forward on and off for the last few years, and in total had 5 proofs.
Some of the time wasting has been down to us, some down to them not responding to emails/phone calls etc. but we've eventually got to a place where it's to be printed.
I've relieved an email from the photographer saying "Hi Helen,
Yes we have already ordered it and it is an all black album.
Will be in touch when it is all ready.
We have included one extra page and due to the time it has taken to put the album together, album costs have increased, this will be an additional cost of £50."

Now we've never approved the final proof but I can live with that, we've also never approved any additional pages, and proof 1 has the same number of pages. Additionally we've never been advised of any additional costs or been chased to finish the album.

Can the photographer just land this additional cost?

I will add that I was disappointed with him on the day as despite hiring him we were sent some subbys as he was on a school reunion. He never even told us that he wouldn't be doing the pictures so I was quite annoyed on the day. Additionally the photos were a lot more posed than I'd wanted, probably as he wasn't doing the picture so that's why it's taken me a while to pick them.

Upset is not the word...

NotRichAtAll

5 Years ago............. you have really taken this long to put together a wedding album, £50 increase is only a tenner per year is that such a big deal if its taken this long

nearlyrich

I know photographers who put strict time limits in their contracts, some don't even keep the images for 5 years you are lucky it's still happening.

photome

Not sure how it can take 5 years to put an 80 photo album together!!

You admit some of the time wasting has been down to you. Do you really want to argue for another 5 years about £50

unholyangel

No they cannot alter the terms of the agreement after it was agreed.

Of course, that all comes down to what the actual agreement was. To give an example, if you hire a painter & decorator @ £25 an hour, and he quotes approximately 10 hours to do one room but it actually takes 11, then he'd quite likely be due the £25 for the extra hour.

However if you were quoted £250 per room, then regardless how long it takes, thats the maximum he can charge.

Despite what the above 2 posters stated, price variation clauses are only permissible in very limited circumstances.

Schedule 2, paragraph 1, states that terms may be unfair if they
have the object or effect of:
(l) providing for the price of goods to be determined at the time of
delivery or allowing a seller of goods or supplier of services to
increase their price without in both cases giving the consumer the
corresponding right to cancel the contract if the final price is too
high in relation to the price agreed when the contract was
concluded.

Have you already paid him the £800 in total? If so, its not a very strong position to be in bargaining wise.

marliepanda

But surely the consumer can cancel, aka not have an album. The cost of hiring the photographer is spent already.

You cannot expect someone to do something 5 years later for the price quoted 5 years ago, unless that was made explicit. Most people are desperate to get their wedding photos back. Imagine inviting people round to look at the wedding album.... 5 years later.

Customer is being awkward and unreasonable.

bells_on_it

Hi yes we've already paid it so no I agree not a great position for me. It's awkward.

I agree yes 5 years ago is a long time and 2 babies, being made redundant and new jobs in between etc it's kind of fallen by the wayside. Also found at times they'd take a while to respond and didn't make all the changes so I'd have to run photo by photo to check what amends they had and hadn't made.

I agree prices can increase however they took the photos 5 years ago therefore they can't say that price as increased. I could also argue that they've had 5 years interest in my money and never tried to speed up the production. Probably rubbing his hands thinking he'd pocketed it and didn't have to produce.

Just wondered where I stand from a legal point of view. Expecially as I wasn't given the opportunity to agree any additional costs before they went to print. I just feel annoyed as we didn't create a fuss when he didn't turn up to do the job and sent others without even telling us. I guess what was the point as it wouldn't change anything unless we restaged the wedding lol

unholyangel

marliepanda wrote: »

But surely the consumer can cancel, aka not have an album. The cost of hiring the photographer is spent already.

You cannot expect someone to do something 5 years later for the price quoted 5 years ago, unless that was made explicit. Most people are desperate to get their wedding photos back. Imagine inviting people round to look at the wedding album.... 5 years later.

Customer is being awkward and unreasonable.

Which is why businesses tend to specify the period of performance - because it is to their benefit and ensures situations like this dont happen.

However, seeing as this business doesn't seem to have done that in this case, thats their own fault and not that of the OP's.

bells_on_it

Also probably should add I wasn't rushing to get the album as was never bowled over by the pictures. Some of my favourites were taken by family. We asked for an informal unposed album and largely got the opposite. Probably because the photographer we briefed was not the one who turned up

wealdroam

Perhaps the OP should get a move on.

Does the Limitations Act limit the chasing of this debt - the owing of a photo album - to six years?

marliepanda

Unholyangel - we havent seen their contract? Also if both sides dig their heels in I can see 5years as being unreasonable to expect someone to perform the same service for the same price. The photographer could simply refund the price for the 'album' or prints, which would leave the OP in a crappy situation for the sake of £50.

Bells on it

Its a bit late to really complain about the different photographers (also did you book HIM or his company? Makes a bit of a difference)

Anyway, have you actually emailed and questioned the cost based on the things you are unhappy about:

1. Different photographers (again if you booked HIM, not his company)

2. Inconsistent change application contributing to delay

Appeal to their better nature.