No Wedding Video - what are my rights?

EstrellaOscura

Hi everyone - looking for some advice,

I have yet to receive my wedding video from last August. We've called, emailed, and only had responses when we've joined forums calling out their company name. (Artistic Motion)
Today after posting on Yelp the videographer finally called me and admitted the following:

1. The videos that were sent months ago were never actually sent
2. The video he sent that ended up being someone else's wedding was to buy him time
3. He has not seen the footage and is unable to get it from the videographer he hired to film my wedding

He has promised to return the full payment but it's been 9 months of lies and we doubt we'll ever get it. What we want is the video - really worries me that someone is holding onto footage of my family, friends and I and so t release it.

What are my legal rights? The contract we signed reads that we should have got it within 6 months.
I have read about small claims court but I just want the video. What can I do to get the footage?

Thanks.

hasaposse

From his behaviour it sounds like he may not have paid whoever filmed it, hence not being given the footage. I'd ask him for that person's contact details on the pretext that you may be able to negotiate with them. If he's genuinely not able to get in touch with the videographer then there's no reason why he wouldn't let you have a go - let him know that you'd rather have the video than the refund, so it would be in his best interest if you can contact them. If he won't hand over their contact details then it's likely that the footage is being withheld because he didn't pay them, in which case doing a small claim would be the best first step since it won't stop you getting the footage if he's basically never going to give it to you.

Valli

The longer you lea e this the less likely it is you'll get either a refund or the video.
I would suggest you send a letter before action.

paddyandstumpy

Did you have wedding insurance?

agrinnall

How did you pay? If you used a credit card then a Section 75 claim would probably work, for a debit card you may be able to request a chargeback (but there are time limits that could be a problem for you).

EstrellaOscura

Thanks for all the responses - didn't get a notification for this, must be a GDPR thing?

Called again today and he has said that he will refund today - sent me a photo of confirmation so hopefully it clears today, although given the copious amount of lies who knows at this point.

He has said he is filling against the videographer as there are two other couples who haven't received videos either. I asked if I could have that person's contact details but he said he needs to check with his lawyer due to his claim. Is this right or another lie?

[Deleted User]

EstrellaOscura wrote: »

Thanks for all the responses - didn't get a notification for this, must be a GDPR thing?

Not if you asked for them.

EstrellaOscura wrote: »

I asked if I could have that person's contact details but he said he needs to check with his lawyer due to his claim. Is this right or another lie?

Now that will be a GDPR thing.

EstrellaOscura

Deleted_User wrote: »

Not if you asked for them.

Now that will be a GDPR thing.

Anything GDPR wise about the videographer keeping a video on me longer than necessary? I'm so confused - he has the entire event and I have no idea what he's doing with it

Valli

He's holding it to ransom because HE hasn't been paid, for a guess. If you ever do manage to get in direct contact with whoever actually filmed the swedding the chances are he is still going to want paying.
You need to start getting firm - either send a LBA demanding a full refund plus any associated costs in bringing the claim or demanding the video is provided, as per his contract, within (say) 21 days.
And if you do persist in emailing/phoning make a record of calls, when they took place, who spoke to whom and a summary of what was said.

hasaposse

EstrellaOscura wrote: »

He has said he is filling against the videographer as there are two other couples who haven't received videos either. I asked if I could have that person's contact details but he said he needs to check with his lawyer due to his claim. Is this right or another lie?

It depends how it's worded. If you asked him for their contact details as a work recommendation because you'd like to enquire about his prices, then it'd be fine, so you could try that route!

[Deleted User]

EstrellaOscura wrote: »

Anything GDPR wise about the videographer keeping a video on me longer than necessary? I'm so confused - he has the entire event and I have no idea what he's doing with it

That depends on the contract you have with him and his privacy policy.