Do I have a case for Section 75 or small claims court?

firstbuyer

Hello,

After postponing our wedding 3 times, and with uncertainties we made the decision to cancel last week. I have been contacting my suppliers to see where we stand in terms of refunds etc. The majority have been understanding and I have managed to claim back a good chunk so we are a little less disheartened. 

I currently have a dispute with a supplier and I believe they are breaching the contract they supplied me with. I have emailed a few times where they are refusing to refund, and I need advice if anyone is / has been in this position, what my chances are of getting a partial refund.

The latest contract I have with the company states the following; 

"Cancellation If, for any reason, the Customer terminates the contract after confirmation of the order payments will become due according to the following schedule: I) Cancellation more than two calendar months before the Event Date - 40% of the quoted price will become due for payment."

The event date on the contract issued is March 2021, and this is the contract I was sent as an update after postponing to March 2021. As I am cancelling more than 2 calendar months before this event, I believe I am due a refund of 60%.

I paid the final amount via my credit card, and have read online that Section 75 / small claims could be an option for me.

For other smaller suppliers that have cancelled I haven't pursued as the monies are nominal in respect to this supplier which is in the region of £5,000.

Any help / advice would be greatly appreciated.

Thrugelmir

What was the response you received to a request for a 60% refund? 

GDB2222

If possible pursue your card company. 

Galloglass

s75 through the card company is one way. Another way is to send a Letter before Action to the company and then follow up with a court claim. Either should generate a partial refund based on the terms you have explained above. It depends on how much hassle you want to give them. Claims take a lot more work to defend.

But ... when you rescheduled they would have had the opportunity to amend the standard terms from the first booking. So check they did not slip in a variation to the standard terms (apart from the rescheduled date). 

firstbuyer

Thrugelmir said:

What was the response you received to a request for a 60% refund? 

No response as of yet, I have told them I will be sending an email daily to chase. I am assuming they will be burying their heads in the sand and I won't ever get a response... How long would I leave it before I take action?

firstbuyer

GDB2222 said:

If possible pursue your card company. 

Thanks, do I have to give them notice of this?

firstbuyer

Galloglass said:

s75 through the card company is one way. Another way is to send a Letter before Action to the company and then follow up with a court claim. Either should generate a partial refund based on the terms you have explained above. It depends on how much hassle you want to give them. Claims take a lot more work to defend.

But ... when you rescheduled they would have had the opportunity to amend the standard terms from the first booking. So check they did not slip in a variation to the standard terms (apart from the rescheduled date). 

Thanks, the standard terms weren't amended as far as I can see.

He has left a comment on the quote/contract stating

Booking date can be change until 2 years from first contract date but all depends on the availability for the date & stock.Terms & conditions will be same as our first contract date and client need to make payment according to first contract date.