Relationship breakdown - deposit for wedding

pphillips

Pop_Up_Pirate wrote: »

Anyone can take out a small claims court case for anything. It doesn't mean they have any legal standing and that's up to a judge to decide.

I think what you mean is that anyone can take out a small claims court case for anything but it doesn't mean their case will stand up as that's up to a judge to decide.

Sorry for the correction but "legal standing" refers to whether someone has a sufficient connection to the claim or harm that has been caused, not whether they have a case in law.

Gavin83

There's a possibility that all or most of the money could still be recovered from the venue, especially as the day is far off. Seems he's being a bit premature with his claim.

Submit a defence. Keep it factual. The ex-FIL's contract with the venue and the reason for the breakdown are irrelevant. Just state there was no contract with your FIL, either written or verbal and his payment was considered a gift. He'll have no chance with this case.

pphillips

Gavin83 wrote: »

There's a possibility that all or most of the money could still be recovered from the venue, especially as the day is far off. Seems he's being a bit premature with his claim.

Submit a defence. Keep it factual. The ex-FIL's contract with the venue and the reason for the breakdown are irrelevant. Just state there was no contract with your FIL, either written or verbal and his payment was considered a gift. He'll have no chance with this case.

Contract law is not relevant, if the case is for breach of promise of marriage it will not succeed in any event.

Robin9

This is very heavy - talk if solicitors, small claims.

We do not know why this relationship has broken down - perhaps both parties had second thoughts. Better a broken engagement than a broken marriage.

Time for a father to father talk. Pick up the phone and meet down at the pub and share a pint or two and find out what has been paid and what other commitments there might be. Agree on a share, shake hands and agree to move on.

pphillips

Robin9 wrote: »

This is very heavy - talk if solicitors, small claims.

We do not know why this relationship has broken down - perhaps both parties had second thoughts. Better a broken engagement than a broken marriage.

Time for a father to father talk. Pick up the phone and meet down at the pub and share a pint or two and find out what has been paid and what other commitments there might be. Agree on a share, shake hands and agree to move on.

I think you're forgetting that a claim form has been issued by the court therefore a defence has to be provided, otherwise the claimant can simply get a judgement in default from the court, resulting in a CCJ against the defendant.

There is simply too much at stake to try and bypass the court. Also, why would you try to settle a case against you that is bound to fail?

Robin9

It's never to late for common sense to prevail - legal action is going to cost £££££.

The court action can be withdrawn.

pphillips

Robin9 wrote: »

It's never to late for common sense to prevail - legal action is going to cost £££££.

It's not common sense to pay a bill you don't owe. Legal action only costs £££££ if you need to a employ a solicitor, but most people don't use solicitors for small claims because the court process is much more simple and informal.

mark5

Make sure your son attends court though, I can't see how the father can win this case unless your son ignores it and the father gets the decision by default due to no defence submitted.

loubie_lou

Seeing as the OP hasn't updated. May I suggest Judge Rinder?

unholyangel

DavidP24 wrote: »

We are not dealing with the Brides Father!

No the FIRST port of call (for the OP) would be to read the claim, how are they establishing liability, what written evidence do they have that the son is liable. It is after all customary for a father to pay for his daughter's wedding.

The 2nd port of call would be to establish whether the Father took out wedding insurance and claim it was his negligence in not taking it out with immediate cover, as this would have settled any out of pocket expense.

I think you will find that it is indeed their right to keep every penny subject to their terms and conditions which will say the same, they can, at their discretion sell it on but again not obliged to refund all as will have already incurred expenses related to booking and un-booking.

The important thing is to reject outright any liability.

Oh and your welcome to stay in this forum, I actually think you will get more chance of others who experienced similar and more valid advice too.

I'm sorry but that is incorrect - what you say about it being their right to keep every penny.
Else the CMA wouldn't be advising wedding venues against large deposits or cancellation charges which could breach consumer law.

And the guidance for consumers wouldn't state:

The business may be asking for more money than it is entitled to. Just
because it’s in the contract doesn’t mean it’s always legally binding.
Businesses cannot rely on unfair terms.

- If you cancel the contract, the business is generally only entitled to keep or
receive an amount sufficient to cover their actual losses that directly result
from your cancellation (eg costs already incurred or loss of profit).
- Businesses must take reasonable steps to reduce their losses (eg by re-selling
the goods or services).
- Non-refundable deposits should only be a small percentage of the total
price.
- Cancellation charges must be a genuine estimate of the business’ direct loss.

Mitigation is not at their discretion, its a legal obligation. Parties need to take reasonable steps to mitigate their losses and must not take unreasonable steps which might increase their losses.

I'd also point out that if there was a contract (meaning OPs son was under a legal obligation to repay the father), the father won't be negligent purely because he failed to insure against the other party breaching the contract. Would be a bit like not having buildings/contents insurance, a bus crashing into your house and then the bus company saying its your fault for not having insurance.