Videographer avoiding contact

d0nkeyk0ng

Three years ago, I contacted a videographer to record our wedding, We met, he produced a quote which we were happy with and booked. Booking involved paying 50% upfront, 25% immediately before the wedding, 25% once we received the DVD.

After a few months, I tried contacting through email and it kept bouncing. Eventually got through and found the guy had been unwell with illness, off work etc. Lots of issues. Promised to get back to us.

Over the year, I've been emailing, contacting via facebook, phone calls etc. Wouldn't answer. Managed to get face to face contact at his house after he invited us round, explained his situation and made more promises to get the video to us.

I sent a formal letter and followed it up with a phone call. Again, promised to get the video to us.

I'm fed up. It's been over two years. He's had £2500 from us, and we've received nothing. I want to go through small claims court but the contract was through a limited company. Any likelihood of success? Is there anything else I can do?

[Deleted User]

Have you tried asking for the raw footage? It could be that he's just not capable of doing the backlog of work, to get 'DVD ready'.

I'd then expect at least 25% of the money back, but getting *some* footage is better than none.

d0nkeyk0ng

ringo_24601 wrote: »

Have you tried asking for the raw footage? It could be that he's just not capable of doing the backlog of work, to get 'DVD ready'.

I'd then expect at least 25% of the money back, but getting *some* footage is better than none.

I did ask (with the idea of either editing it myself, or paying someone else to do it). He said the video was with his editor and he needed to get in touch with him.

I want to send a letter to kick his backside into action, but not so that he shuts down the ltd company.

Worse case scenario, I could harass him at his house.

Diamandis

You've been very patient. I'd send a letter before action as soon as. How did you pay?

Greta_Sharbo

You probably want to avoid anything that could be classed as harassment.
(Appreciate that may have been tongue in cheek )

d0nkeyk0ng

Diamandis wrote: »

You've been very patient. I'd send a letter before action as soon as.

There's been a lot going in the background with family, sibling with leukaemia etc. Otherwise I would have contacted him regularly.

Diamandis wrote: »

How did you pay?

Bank transfer and cheque. Have had confirmations of payments received by text from videographer.

dj1471

You can potentially get your money back through small claims (you can object if he tries to wind up the company), but what you really want is the video of your wedding.

Unfortunately there's nothing you can do to force him to complete the contract or provide the raw video. There's every chance they'll delete it if you start legal action.

My recommendation would be that you keep chasing to get the raw video, once you have it you will be free to start legal action to recover some money. If the "editor" has it then ask for their contact details so you can chase them directly.

Deastons

dj1471 wrote: »

Unfortunately there's nothing you can do to force him to complete the contract or provide the raw video. There's every chance they'll delete it if you start legal action.

Would that not then be criminal damage?

The OP contracted the videographer to do the job and has paid upfront, so doesn't the raw footage somehow belong to the OP? If they were to delete it, that would be criminal damage.

If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?

Greta_Sharbo

Deastons wrote: »

.

If the videographer hasn't taken proper care of the footage or wilfully deleted it, isn't there technnically grounds for the OP to sue the videographer for the cost of re-staging the wedding?

That would be rather a disproportionate remedy I'd suggest.

Deastons

Greta_Sharbo wrote: »

That would be rather a disproportionate remedy I'd suggest.

I tend to agree, but one's wedding day can be an incredibly important day. Priceless, one might say.

And I think, legally, I'm correct in what I say?

d0nkeyk0ng

I'd much prefer the video rather than the money, even if it's unedited - I can always pay someone else to edit it (bearing in mind there was £500 left to pay on receipt of DVD).

But I want to stop this dragging on and on.