Mothercare/memory makers

Kalaa

Sorry if this isn't the appropriate place but I was struggling to see where better to post this.

I need advice please. On Saturday 26th October we took our four day old baby to a Mothercare store to have his hand and feet cast mould made by memory makers. We paid in cash (I know🙈) got our receipt and walked out knowing we'd have around 6 weeks to wait for the finished product.

Then November 4th Mothercare announced there were going into administration,cue our panic! We've been emailing memory makers with no response until yesterday they said we should have received one and to check my junk folder. Low and behold on Monday evening they sent an email saying all orders from 26th October have not been paid by mothercare so they're requesting we pay them again directly. We already paid mothercare £180, it's a lot of money but we feel held to ransom because they know these have huge sentimental value as we did this on that specific day to match our daughters were had made previously. They're also suggesting we contact pwc fire a refund so we'll be emailing them today.

I feel so angry with this memory makers, are they allowed to do this to us considering we paid and ordered before the administration was announced? Also, has anyone had any luck getting a refund from pwc? I don't see it happening myself and I am loathe to have over another £180 that I don't really have ( daughter's 5th bday tomorrow and Xmas around the corner).

Tia

Lford34

I have received the same email from memory makers this evening, I paid via debit card tho so have raised a case with my bank about the money pwc are hanging onto and have also emailed pwc as per the advice on the memorymakers website.

What concerns me too is whether memory makers are trying to capitalise financially on this situation. I paid £177 for my daughters casts and I would expect Mothercare to claim a % of that before they pay the third party memory makers otherwise I cant see how they benefit fully from promoting the memory makers products or having them in store. Yet memory makers appear to want the exact amount we paid Mothercare paid to them by bank transfer in order to complete and send the order. So are they now trying to make more money out of this situation?

Also if anyone paid by credit card I don't believe you can bank transfer from a credit card, so you have to have the money in your bank account - this I expect will disadvantage some people from being able to pay for their orders if they dont have the money.

Louisa

DCFC79

OP your going to be way down the list for getting a refund or even a portion of it.

davidmcn

If you contracted with Mothercare and paid Mothercare rather than Memory Makers (did you? Not very clear from either of your posts), then your claim is against the administrators.

bris

Lford34 wrote: »

What concerns me too is whether memory makers are trying to capitalise financially on this situation.

How can they benefit financially when they haven't been paid?


Companies that are going bankrupt stop paying creditors long before the administrators are called in so Memory makers wouldn't have been paid for a long time before the administrators took charge.

eddddy

Were you given a set of terms and conditions? If so you need to read them carefully.


My guess is that your contract would be with Memory Makers, and Mothercare were acting as their agents. (i.e. Mothercare had agreed to take payments on behalf of Memory Makers.)

If that's the case, then maybe you should write to Memory Makers saying:

• You have a valid contract with Memory Makers
• Mothercare was acting as their agent
• You paid their agent in full for the product
• If their agent failed to pay them, they need to pursue that with pwc
• So Memory Maker have a legal duty to fulfil the terms of the contract and supply the product (with no further payment from you)

And if you want to be arsey, you could add something like:

You're sorry that Memory Maker has suffered financial losses as a result of their agent going into administration. But whilst you sympathise, unfortunately you are not prepared to make any voluntary financial contribution towards covering their losses.

(But maybe check the t&cs to make sure that's really the situation first!)

mattyprice4004

I don't believe that's the case - I believe that the contract is with Mothercare, and what company is going to supply a product they haven't been paid for?

If Memory Makers haven't been paid a penny, then you're not going to receive the product.
It's possible Memory Makers paid Mothercare an up front fee for their storefront space and footfall, rather than a cut per order.

lindens

we're all guessing here. The OP needs to check their receipt and see who their contract is with. OP you need to read the T&C on the receipt

eddddy

eddddy wrote: »

My guess is that your contract would be with Memory Makers, and Mothercare were acting as their agents. (i.e. Mothercare had agreed to take payments on behalf of Memory Makers.)

Just to emphasise that the above is very likely to be the case, because...

• The Print Takers working in Mothercare seem to be Memory Makers employees
• You can make an appointment with Memory Makers to visit a Memory Maker venue in a Mothercare store

Print & Cast Taker
Memory Makers Ltd have been making clay impressions of hands and feet for 21 years.We are looking for an enthusiastic, energetic and reliable part-time Cast & Print Taker to work in Mothercare Aberdeen and provide our Premium Home Visit Service.

Link: https://www.mncjobs.co.uk/jobs/print-cast-taker-aberdeen-ab25-342071

Memory Makers continue to offer appointments in Mothercare until they close. Alternatively you can book with one of our other partners or request a home visit from your local Print Taker below...

Link: https://booking.memorymakers.co.uk/nearestdate.php?neardate=2019-12-04

Which makes it sound very much like Memory Makers rent space in Mothercare stores, send their own employees to work in Mothercare stores, and use Mothercare as an agent for collecting payments.

mattyprice4004 wrote: »

If Memory Makers haven't been paid a penny, then you're not going to receive the product.

I'm sure Memory Makers would like to take that position, but if Mothercare are Memory Makers' agent, the law wouldn't be on Memory Makers' side.

born_again

If you paid via Debit or Credit card (sadly OP did not) then you might have a chargeback right for non reciept of goods.
But that could depend on how it has debited your account Mothercare or Memory Makers.

Lford34

Debit card statement shows payment was to Mothercare. I have been into the Norwich store and the manager said they cant refund me I have to call the administrators. In the mean time I have raised a claim with my bank as I am not holding out much hope as to what the administrators will say. But i will call them.

I also found a hand and foot casting kit on Amazon for £24.99 so if all else fails I will re-do them myself!