Wedding dress cancellation

investme

Hi all,

Hoping i might be able to get some advice.

I'm not sure I am going to have much chance, but worth an ask anyway. In short, I was engaged, now i'm not! We had made quite a few wedding plans and bookings and i'm now in the process of cancelling everything.

My ex fiancee had ordered a dress and paid 50% deposit around April. We split up a few weeks after this. She immediately phoned the bridal shop to cancel, and was told the deposit was non refundable and that she would have to also pay the other 50% on the arrival of the dress. She tried to argue that it was early on and could they not just cancel the order before the dress was made and they refused to do so.

Anyway, i had left it with her, but it's me who's going to have to cough up and they called me on Saturday to say the dress had arrived and that i now owe them the other 50%. The contract in fairness, does state it's non refundable when ordered, however given their refusal to help in the first instance before the dress had even been made, i'm highly reluctant to just hand over another £1200 for a dress I don't need.

I suspect i'm likely to be bound by the contract here, and they seem to have no goodwill at all, but if anyone has any advice, i'd appreciate it

Abbafan1972

Don't show up to collect it - surely it would be too expensive to take you to court over it?

investme

I think it only costs £65 odd to raise a small claim and it's not worth getting a CCJ for

LEJC

You could always enquire if the shop would be willing to try and resell the dress on your behalf...it still means you perhaps needing to buy it but you may be able to get most of your money back on it if someone else purchases it from the shop.

Once you take the dress away it loses lots of it value and the potential resale avenues become ebay and the like...but if the dress were to be sold by the shop that commissioned it then it may not even be considered as "second hand" so you may get quite a good return on it.

I guess it all depends how you feel about the shop handling the sale after what has already happened.

dj1471

Was the dress custom-made?

This is a question for the Consumer Rights board really, but have a read here:
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

lika_86

Who signed the contract and order for the dress? If it was her then it's nothing to do with you!

investme

No not custom made

and yes it was her - however i'm dealing with all the cancellations / finances. Technically, i don't have to do anything, but for the sake of an easy life and the fact we ended on good terms etc. i'm going to sort it one way or another

dj1471

Per the link I posted earlier, just because something is in the contract doesn't make it lawful or enforceable - ref Consumer Rights Act 2015 Part 2: Unfair Terms.

http://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted

You should point out to the shop that they can only retain money to cover the actual losses they've incurred. They can't force you to pay the full amount nor hold you liable for any further losses they incurred by refusing to cancel the order when originally requested.

In the likely event they don't play ball your ex should take them to small claims court for the money already paid (you can't do this as you're not a party to the contract). If they want to make a deduction for the losses they've incurred they will need to provide evidence of these.

http://www.moneysavingexpert.com/reclaim/small-claims-court

investme

All, thanks for the advice so far

Despite trying to get hold of them for several weeks with no luck, much to my surprise (and the anger of my ex...) a CCJ notice demanding the rest of the payment (plus a £70 court fee) arrived yesterday. couldn't quite believe the cheek of it, but nevermind.

Anyway, in short, it's against her, not me and i know very well she isn't going to go to court to save me a few quid. Is it possible to deflect it to me, or will it always be against her? I am confident if i was to defend myself and offer to pay costs incurred and insist they attempt to resell the dress as per the consumer law mentioned that i would win.

If not, i'm out of ideas. There's 0 chance she will go to court over it. Ny only other option is to suggest i pay it off, and ask if they will hold onto the dress and attempt to re-sell it and re-reimburse me any proceeds from the sale

dj1471

Sounds like a letter before action rather than a CCJ? Or is it a letter designed to look like a CCJ?

Legally they don't have a leg to stand on.

You're not a party to the contract so nothing can affect you.

7roland8

No idea why you think its your responsibility - your ex picked the ridiculously expensive dress and its really nothing to do with you. Leave her sort it out.


You may be dealing with cancelling things but surely she can pull her weight on this one.