Wedding Supplier - Not refunding our money

unholyangel

soapstar88 wrote: »

They are a registered limited company with an address and full name. Surely to anyone this case seems so unfair? Small claims will end up costing us money I presume. The only step left is to travel to the address and end this

The fees for small claims depends on the value of your claim.

You may have cancellation rights and/or the shop may have failed to comply with the provisions of the CCRs but unless they're playing ball, you're back to having to take court action to get your money back. Service contracts usually have 14 days (from entering the contract) to cancel - however this period is extended to a maximum of 1 year & 14 days if the trader doesn't provide the necessary information in a durable medium).

How much did you pay them by bank transfer? Was it the whole price paid in advance (if so, this is another red flag - a genuine company might ask for a small deposit upfront via bank transfer with the remainder paid on the night/closer to the time)?

soapstar88

Its been a little while since I last posted due to being so busy.

This matter has still not been resolved. The ONLY progress which has been made is the supplier offer a part refund via email to which I went ahead an accepted. However as you can imagine we still have not received this refund, they only keep dragging this issue out longer and longer. Its becoming obvious they do not intend on paying us anything.

Given the 'evidence' i have in regards to them offering a part refund via email do i have enough to make a claim against them for this?

Thanks - I feel this is a loosing battle

Gavin83

So have you now had your wedding? Did the sound system not arrive?

You would have potentially been entitled to the whole amount back but given you've agreed to a partial refund that is what you'll get. Do you have an address? Just send a letter before action, there is no way to force them to return the money without going down this route.

soapstar88

Gavin83 wrote: »

So have you now had your wedding? Did the sound system not arrive?

You would have potentially been entitled to the whole amount back but given you've agreed to a partial refund that is what you'll get. Do you have an address? Just send a letter before action, there is no way to force them to return the money without going down this route.

Hi. Yes we have had our wedding now. We actually tried to cancel this hire a few weeks before as we weren't happy we didn't receive any form of formal receipt as they promised, this is how this all came about. They then said no refunds 30 days before - which we were not made aware of or signed any sort of agreement.

Now we are at the point where they offered a discounted refund - to which i accepted, this was around 3-4 weeks ago.

There is an address on their website however after extensive research I am not convinced they reside there anymore, however I do have details on their accountants - I actually phoned them but they wanted nothing to do with it!

Perhaps I should send a letter to them? Is there any templates I can use?

Thanks for your help

pinkshoes

soapstar88 wrote: »

Hi. Yes we have had our wedding now. We actually tried to cancel this hire a few weeks before as we weren't happy we didn't receive any form of formal receipt as they promised, this is how this all came about. They then said no refunds 30 days before - which we were not made aware of or signed any sort of agreement.

Now we are at the point where they offered a discounted refund - to which i accepted, this was around 3-4 weeks ago.

There is an address on their website however after extensive research I am not convinced they reside there anymore, however I do have details on their accountants - I actually phoned them but they wanted nothing to do with it!

Perhaps I should send a letter to them? Is there any templates I can use?

Thanks for your help

You didn't actually answer the question about whether it actually arrived?

We are assuming it didn't? Did you book another one in its place?

Why on Earth are you agreeing to a discounted refund?

Probably best to name and shame them now so that someone can look up their address etc...

You will the need to send a letter before action requesting a refund within 14 days otherwise you will take them to court for the full amount.

soapstar88

pinkshoes wrote: »

You didn't actually answer the question about whether it actually arrived?

We are assuming it didn't? Did you book another one in its place?

Why on Earth are you agreeing to a discounted refund?

Probably best to name and shame them now so that someone can look up their address etc...

You will the need to send a letter before action requesting a refund within 14 days otherwise you will take them to court for the full amount.

No as I said we cancelled it - hence it didn't arrive as expected.

I accepted this part refund to try and get any money I could however its pretty obvious they dont want to refund a penny.

Thanks for the advice - I will go ahead with the letter.

I am not quite prepared to name and shame as I wish to give this person a chance - maybe I am being too kind...

Gavin83

pinkshoes wrote: »

You will the need to send a letter before action requesting a refund within 14 days otherwise you will take them to court for the full amount.

The OP isn't entitled to a full refund.

To be honest the supplier hasn't done that much wrong. They didn't supply a receipt, which they should have done but that's their only fault. Sure if you'd have retained the booking and they hadn't turned up you'd have been entitled to a full refund but you didn't give them the chance to fulfill the order.

Technically speaking if you cancelled shortly before the wedding and they couldn't get a replacement booking you'd have to pay the full amount minus any costs that weren't incurred. Deposits, etc are largely irrelevant.

However both parties have agreed to a partial refund and therefore that is what has to be supplied. If you've given them a reasonable opportunity to provide this refund and they haven't then a LBA giving them 14 days to provide it or legal action will be taken. Then take them to the small claims court. Just google LBA, they'll be lots of templates you can use.

Kayalana99

Gavin83 wrote: »

The OP isn't entitled to a full refund.

To be honest the supplier hasn't done that much wrong. They didn't supply a receipt, which they should have done but that's their only fault. Sure if you'd have retained the booking and they hadn't turned up you'd have been entitled to a full refund but you didn't give them the chance to fulfill the order.

Technically speaking if you cancelled shortly before the wedding and they couldn't get a replacement booking you'd have to pay the full amount minus any costs that weren't incurred. Deposits, etc are largely irrelevant.

However both parties have agreed to a partial refund and therefore that is what has to be supplied. If you've given them a reasonable opportunity to provide this refund and they haven't then a LBA giving them 14 days to provide it or legal action will be taken. Then take them to the small claims court. Just google LBA, they'll be lots of templates you can use.

Actually this isn't true at all. Unless on booking they were told it's a non-refundable retainer then they can cancel at any time and get their money back.

If their contract states otherwise, well OP hasn't been sent it....and we've been told there are terms and conditions on website but no mention to refunds...

Usually wedding suppliers do keep the 'deposit' as they have a contract that states it's non refundable - but without a signed contract or a verbal agreement for the 30 days, they can't just impose terms that they didn't give up front.

SuperHan

Kayalana99 wrote: »

Actually this isn't true at all. Unless on booking they were told it's a non-refundable retainer then they can cancel at any time and get their money back.

If their contract states otherwise, well OP hasn't been sent it....and we've been told there are terms and conditions on website but no mention to refunds...

Would this not fall within the CCR s 28 as a service related to a leisure activity with a specific date or period of performance? And so be exempt from the right to cancel?


Under what law do you think the OP has the right to cancel?

macman

Phones lines are all dead-this indicates they've either ceased trading, or the whole thing was a scam-as payment only by bank transfer would support. Contact Trading Standards for their area and ask if they're known to them.