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

marliepanda

bells_on_it wrote: »

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

Again you can't change that. As soon as they started saying 'right bride here, groom stand there, put your hand here' you say 'no, we want an unposed album' or whatever. Surely you can tell when your being posed, as you are posing? You must have posed (how many more times can I say the word posed)

Honestly if you like the family pictures better, make your own album with pictures you like?

bells_on_it

I'm just asking what rights I have that's all. I'm on maternity leave at the moment so on SMP. I genuinely haven't got a spare £50 and I'm wondering if they can just land these costs on me.

To suggest that the price is reflective of adding an additonal page when the number of pages is the same number we've already had, is one of the contributors to the feels unfair. If they'd told me upfront I'd have cut the album back a page. If they'd given me a time limit or told me I had "x" amends I could make then again I'd be able to make an informed choice. I feel like I've not had this opportunity.

stevemLS

£800 at 0.5% x 5 years = £20 (simple) interest.

He's really raked it in.

marliepanda

stevemLS wrote: »

£800 at 0.5% x 5 years = £20 (simple) interest.

He's really raked it in.

Not even that, as a good chunk of that £800 will have paid his staff.

Is the album already made? Can you not reduce the pictures to reduce the page?

*reread* I would also put that in your 'appealing to better nature email, saying you didnt ask for the extra page so dont really want to pay for it

unholyangel

marliepanda wrote: »

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.

No we haven't. But presumably if there was a period for performance specified, the photographer would have mentioned that to OP long ago.

They cannot add terms to the agreement after the OP agreed to it.

And yes, it would leave the OP in a crappy situation - which is why I asked if she had already paid in full and highlighted that if she has, she's not in a strong bargaining position.

Even when an OP is technically legally "in the right", it can be counter productive to start legal proceedings given the time involved in bringing a claim - after all its the one thing in life you can't really get more of.

But I dont think it would hurt to point out to the photographer that if he wanted to allow for extra payment/limit the period of performance, the time for doing so was prior to the agreement being binding - after all, OP could have argued he was in breach of contract in the first place by changing the photographer and if photos werent as agreed, that would legitimately give them a claim to exercise the right to set-off - meaning they didnt even have to pay him the full amount in the first place.

marliepanda

unholyangel wrote: »

But I dont think it would hurt to point out to the photographer that if he wanted to allow for extra payment/limit the period of performance, the time for doing so was prior to the agreement being binding - after all, OP could have argued he was in breach of contract in the first place by changing the photographer and if photos werent as agreed, that would legitimately give them a claim to exercise the right to set-off - meaning they didnt even have to pay him the full amount in the first place.

Agree with all that you say, but surely the time to complain about the photographer change was at the time? I definitely think she should bring it up in her 'complaint' but I dont think she can claim breach of contract for that now, as she accepted the change.

stevemLS

I wonder what the OP's position would have been if she had finalised the order and the photographer had taken 5 years to produce the album.

unholyangel

marliepanda wrote: »

Agree with all that you say, but surely the time to complain about the photographer change was at the time? I definitely think she should bring it up in her 'complaint' but I dont think she can claim breach of contract for that now, as she accepted the change.

I agree they should have complained earlier, but even if they accepted the change, that doesn't mean they dont have a claim - the law allows 6 years so OP is still within that time limit.

11.7 A term which could allow the supplier to vary what is supplied at will –
rather than because of bona fide external circumstances – is unlikely to be
fair even if customers have a right of cancellation and refund. The
consumer should never have to choose between accepting a product that is
not what was agreed, or suffering the inconvenience of unexpectedly not
getting, for example, goods for which he or she may have an immediate
need, or a long-planned holiday, just because it suits the supplier not to
supply what was promised.

Terms which require that the consumer stick to their side of the agreement (ie paying the agreed price) while allowing the supplier not to stick to theirs are under even stronger objection than terms excluding compensation for breach of contract.

That is because an agreement has to be equally binding on both parties. And obviously its not if one person can vary the terms while the other is stuck to their obligations (and thats where no new obligations have been introduced - ie requiring extra payment). They can't add in new obligations and force the OP to accept them - especially on the price as (as above) there are very limited circumstances in which a price can actually be varied - and this isnt one of them.


But I wasn't suggesting the OP claim for that, just that they use that as a bargaining chip against the demand for the £50 extra.

arcon5

Frankly if I was the photographer i'd have stopped responding to all your emails a couple of years ago AT LEAST!
I doubt a judge would disagree that the contract has been exhausted on their part. They could argue that you have failed to perform your duties stated in the contract and this is a consequential loss. Even though no time frame was agreed, it would come down to what is 'reasonable'.

They've been pretty good imo in after all this time still keeping the photos in the first place, let alone continuing to work for you.

IMO you should pay the extra that the album costs and stop moaning because you've treated them very unfairly.

daytona0

Question for unholyangel:

OP has seemingly admitted some level of fault for the delay in completing the album (stating this and paying the extra).

My question is, to what extent does the company have rights to charge more money for the prolonged customer journey lifespan caused mainly by OP? If we were talking about a consumer then they would be able to claim "compensation" for a delay, does the seller have similar rights?

I guess the gist of my post is; did the OP breach their contract in some way?