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County court claim for goods not received

edited 3 April 2019 at 7:43AM in Consumer Rights
58 replies 2.8K views
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  • Rachfarn1Rachfarn1 Forumite
    26 posts
    im confused, so that means he is joint liable?
  • BermoniaBermonia Forumite
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    From what you have said then he would most likely be considered jointly liable.
  • DoaMDoaM Forumite
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    Was YOUR name also mentioned? Or was it just your signature?

    From what you've now explained, it seems that the claim was correctly filed. Your only hope is that the claimant should have only filed against your husband and not you; but your signature probably makes YOU jointly liable with your husband (not the other way round).
    Diary of a madman
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  • edited 3 April 2019 at 3:21PM
    deethebeedeethebee
    233 posts
    edited 3 April 2019 at 3:21PM
    If you don't mind me asking Rach (because I can't seem to find the answer among the posts), what was the actual agreement you made with the photographer? Had you agreed to a service and for a certain amount of photographs and to pay a certain fee? Or did he just tell you you could only buy the pictures you wanted? I'm not sure that changing your mind from 5 pictures to 1 picture is a breach of contract and it also sounds as though he agreed to this at the time, is that correct? It seems a bit strange that he could agree to the change of mind at the time, but suddenly now be pursuing you for the remaining photo's. Is that what is happening? If there was no obligation to buy any photo's then I am not sure how he can be suing you for cancelling the order. Was there a payment for the photography service that you paid?

    Am I right in the above or could you clarify the exact details of this specific agreement?

    It also sounds like based on the ts and cs that he has likely deleted the photo's he took for you, so wouldn't be able to provide them.
  • waamowaamo Forumite
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    deethebee wrote: »
    If you don't mind me asking Rach (because I can't seem to find the answer among the posts), what was the actual agreement you made with the photographer? Had you agreed to a service and for a certain amount of photographs and to pay a certain fee? Or did he just tell you you could only buy the pictures you wanted? I'm not sure that changing your mind from 5 pictures to 1 picture is a breach of contract and it also sounds as though he agreed to this at the time, is that correct? It seems a bit strange that he could agree to the change of mind at the time, but suddenly now be pursuing you for the remaining photo's. Is that what is happening? If there was no obligation to buy any photo's then I am not sure how he can be suing you for cancelling the order. Was there a payment for the photography service that you paid?

    Am I right in the above or could you clarify the exact details of this specific agreement?

    It also sounds like based on the ts and cs that he has likely deleted the photo's he took for you, so wouldn't be able to provide them.

    I think I'm up to speed with this. The op had a photo shoot that they paid for. They then went back for a viewing and picked 5 photos. They changed the order to 1 and paid for 1. The photographer wants to hold them to the 5.

    The t&c's say if no order is placed upon viewing then they are deleted after 7 days unless a second viewing is booked. A viewing and subsequent order did take place however.

    The t&c's are silent on the matter of cancellation or amendment of an order.
    This space for hire.
  • edited 3 April 2019 at 4:00PM
    deethebeedeethebee
    233 posts
    edited 3 April 2019 at 4:00PM
    waamo wrote: »
    I think I'm up to speed with this. The op had a photo shoot that they paid for. They then went back for a viewing and picked 5 photos. They changed the order to 1 and paid for 1. The photographer wants to hold them to the 5.

    The t&c's say if no order is placed upon viewing then they are deleted after 7 days unless a second viewing is booked. A viewing and subsequent order did take place however.

    The t&c's are silent on the matter of cancellation or amendment of an order.

    Yeah this is the grey area I think - no mention in ts and cs about cancelling or amending order and it doesn't sound as though the seller kicked up a fuss when the order was changed so this may count in the OP's favour but we need to know what was said in conversations, emails, texts etc. If they accepted the sale of the 1 photo at the time, how can it be legal for them to now pursue for all 5? It doesn't affect the seller in any way if they ordered 1 photo or 5 unless they had already printed all 5 which it doesn't sound like they had. Without a clear understanding of what was required for a cancellation or change of order, I don't understand how the seller can hold the OP to the full 5 photo's.

    EDIT: I've just seen the OP has updated their original post and doesn't want advice on the legality of the case but rather whether she will receive the goods. It sounds like he no longer has the goods by the sounds of his ts and cs so I guess that may answer that.
  • waamowaamo Forumite
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    Where the t&c's are silent on an issue then the default position will be what the relevant legislation says. In this case it isn't necessarily helpful to the op though.
    This space for hire.
  • so next stage of the sage ... paid £240 to a solicitor to tell me nothing helpfull. we have entered a DMP with stepchange. we answered the claim saying we are going to defend but now it looks like we are just going to have to accept and take the ccj and add the cost onto our plan. can the judge say we have to pay the full amount there and then or can we show we are on a DMP and let stepchange offer payments as they have our other creditors? hope that makes sense.
    our debts are gone in 4 years, what happens with these pictures? we have never had them but technically in 4 years we would of paid for them so they are then mine?
  • waamowaamo Forumite
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    Just out of curiosity did the solicitor agree with our thinking here?

    Have you tried negotiating or mediation with the photographer? If you explained your circumstances he may have some sympathy to your plight. Mediation will be offered by the court as a matter of course. It may benefit you to participate.
    This space for hire.
  • She went through the defence and what needed to be written but couldnt say how it would go, she stated that it would all depend if the judge agreed with the evidence of cancellation but as he has no cancellation policy it was at his discretion to accept and clearly he doesnt. bespoke items dont carry distance selling rules so even though items were purchased and not seen it doesnt count.
    The photographer has been very aggressive since he started this in January so we will not be talking to him directly.
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