section 75

pooleb

I have paid an initial deposit of £584.58 in Oct 2019 for a wedding that was due to take place in June this year. Then we paid a further £240 to extend the size of the tepee in Nov 2019 was for a tepee. Both these amounts were paid by bank transfer as the company requested this.  Due to the current circumstances we have had to ask the company to move the date to next year. WE requested 5th June 2021 but they have only offered to move it to 30th April. We have therefore had to go with 24th April which is not ideal for a number of reasons relating to my daughter who is a vulnerable adult. The company originally requested full payment on 23rd May as per the original Ts & Cs and original date. I have questioned this and they initially came back with no deviation from this. Since then they have asked that we pay a further 25% £850 now and the the final balance 1 month before the wedding ( their Ts & Cs say 2 weeks before the 2 wedding)  I want to help them as I am sure they must be struggling, but can they do this and if I pay by credit card will I be covered under section 75? Are there any time restrictions about when I need to pay to still be covered under section 75?   I would like to go back to them knowing I can help them by paying the £850, maybe secure the wedding on a date we are happy with and know I am covered should they go bankrupt. Can anyone provide advice? what should I do?  Long story but this is my sons wedding and my daughter who is a telegraphic highly vulnerable is a bridesmaid and on 12 weeks lock down at least. 
Please help
Beverly P

[Deleted User]

Yes, they can ask that and yes, you'll be covered if you pay any amount by credit card.

jonesMUFCforever

I think caution would be prudent here.
If you have already paid some of the money bank transfer it MAY be difficult to get cover NOW for the whole event.
You may well be successful but you may struggle. Have they indicated at all they are willing to accept a credit card payment?

pooleb

Thank you for your response. I haven't asked them if they will accept a credit card yet I wanted to make sure I am covered first. Their Ts & Cs says that they will only accept one payment of 'up to' £1500 per booking and as I have not paid the deposit by credit card I have assumed I would be ok. I thought i would be covered for the £850 and then the remaining balance but not the initial cash deposit. Their Ts & Cs also say balance due 2 weeks before the event not the month that they are asking for now.  I really want to help the company in these horrible times but can't afford to lose more money should they struggle.  Thank you

eddddy

Paying part of the price by credit card should make the credit card company jointly liable for (reasonably foreseeable) losses caused by a breach of contract (subject to the usual s75 conditions).

So if the wedding venue goes bust and doesn't do the wedding, that would be a breach of contract, and your (reasonably foreseeable) losses would include the initial deposit, and all the instalments paid.

Arguably, if you then had to book another comparable venue at short notice - and it cost £1000 more because it's a last minute booking - you could argue that the £1000 is a reasonable foreseeable consequential loss resulting from the breach of contract - and claim that as well.

I guess one thing to bear in mind is that it may take some weeks / months to persuade the credit card company to pay. (Particularly as banks may have a deluge of s75 claims, if fears about lots of companies going bust prove to be accurate.) That might mean you don't have enough cash to pay for an alternative venue in the meantime. 

2e0arr

 help them?? if they need your money to continue then without it they would go down the pan ? well consider if you give them this money they may still go bust and and down the pan with your money. if they do you will feel stupid and gormless.
if they need money for their business then they should borrow it or use their credit cards. if they cant borrow or cards maxed out they would love you money in cash before they go bust.
A wedding is symbolic. a teepee is too intents. lack of wedding tents will not be grounds for a future divorce.