Wedding Help Covid

Confusedman123

I took his advice and waited stupidly so didn't formally ask to cancel in Nov

Confusedman123

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

AskAsk

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

Confusedman123

AskAsk said:

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

Sorry, original date was in 2020, then was moved due to lockdown until July 2021 but now we need to move to 2022

AskAsk

Confusedman123 said:

AskAsk said:

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

Sorry, original date was in 2020, then was moved due to lockdown until July 2021 but now we need to move to 2022

you are right, i had forgotten from your original post that it had already been postponed from last year.  my answer remains unchanged, that if weddings are not allowed this july then he would have to agree to move it to 2022, otherwise he would have to give you a refund.

i don't think you actually need to sign a new contract as a change of date agreement in writing as a variation of the existing contract will still hold up in law, i believe.

maman

Just thinking about the situation. Do you have copies of the messages from last November? If they showed that you were asking for a cancellation and he put you off  then it could help a claim. Personally I'd willingly pay £35 to try to stop him taking you for a ride. I'd also post my intention on his reviews so others might do the same. He's shooting himself in the foot if he gets masses of poor reviews. 

TBagpuss

AskAsk said:

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

I think the problem is likely to be that weddings may well be allowed in July, but still with restricted numbers. So if OP wants t move the event to 2022 because they want to be able to invite 200 guests, and by July weddings are permitted with no more than 30 guests (for example)  then the situation is that the wedding *could* go ahead but OP doesn't want to do it then. Same if by that time weddings with large numbers of guests are permitted but OP doesn't want to go ahead because it's at short notice or they don't want to have people worrying about attending a large event before they have been vaccinated. 

It is tricky, as if there is a 6 month cancellation period you have missed it, but equally you did make clear you were looking at cancelling and only didn't because of their persuasion - you may be able to argue that your understanding from their suggestion to wait until March was that you would still be able to cancel up until March, and that was why you agreed to wait. It would be up to a court to decide whether that was a reasonable way to interpret what happened, and that may depend a lot on the wording of your various e-mails etc .

AskAsk

TBagpuss said:

AskAsk said:

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

I think the problem is likely to be that weddings may well be allowed in July, but still with restricted numbers. So if OP wants t move the event to 2022 because they want to be able to invite 200 guests, and by July weddings are permitted with no more than 30 guests (for example)  then the situation is that the wedding *could* go ahead but OP doesn't want to do it then. Same if by that time weddings with large numbers of guests are permitted but OP doesn't want to go ahead because it's at short notice or they don't want to have people worrying about attending a large event before they have been vaccinated. 

It is tricky, as if there is a 6 month cancellation period you have missed it, but equally you did make clear you were looking at cancelling and only didn't because of their persuasion - you may be able to argue that your understanding from their suggestion to wait until March was that you would still be able to cancel up until March, and that was why you agreed to wait. It would be up to a court to decide whether that was a reasonable way to interpret what happened, and that may depend a lot on the wording of your various e-mails etc .

if weddings are allowed but with restricted numbers then the OP will not be able to get the money back through default of non delivery of service.  for the OP to get his money back in that instance, he would have to cancel within the required 6 months notice, as stipulated in his contract.

it will be wooly the OP trying to claim a refund via the 'the photographer persuaded me to wait' line of argument, as although he may have perduaded the OP to wait, the OP is his own man and can make his own decision as to whether he should listen to the photographer or stick to his guns and give notice of cancellation.

the fact the photographer is sticking to his gun that the OP has not cancelled under the terms of the contract, tells me that there won't be enough evidence to support a claim for a refund without the necessary 6 months notice.

gettingtheresometime

AskAsk said:

TBagpuss said:

AskAsk said:

Confusedman123 said:

Just noticed we didnt sign a new contract for the new date. Does this affect anything?

if you haven't actually cancelled the existing contract and it is scheduled to be delivered this July and weddings are still not allowed this july, then he would have to give you a refund because of non delivery of service or agree to move the date.

i thought you said he won't budge from this july so how can there be a new date contract?

I think the problem is likely to be that weddings may well be allowed in July, but still with restricted numbers. So if OP wants t move the event to 2022 because they want to be able to invite 200 guests, and by July weddings are permitted with no more than 30 guests (for example)  then the situation is that the wedding *could* go ahead but OP doesn't want to do it then. Same if by that time weddings with large numbers of guests are permitted but OP doesn't want to go ahead because it's at short notice or they don't want to have people worrying about attending a large event before they have been vaccinated. 

It is tricky, as if there is a 6 month cancellation period you have missed it, but equally you did make clear you were looking at cancelling and only didn't because of their persuasion - you may be able to argue that your understanding from their suggestion to wait until March was that you would still be able to cancel up until March, and that was why you agreed to wait. It would be up to a court to decide whether that was a reasonable way to interpret what happened, and that may depend a lot on the wording of your various e-mails etc .

if weddings are allowed but with restricted numbers then the OP will not be able to get the money back through default of non delivery of service.  for the OP to get his money back in that instance, he would have to cancel within the required 6 months notice, as stipulated in his contract.

it will be wooly the OP trying to claim a refund via the 'the photographer persuaded me to wait' line of argument, as although he may have perduaded the OP to wait, the OP is his own man and can make his own decision as to whether he should listen to the photographer or stick to his guns and give notice of cancellation.

the fact the photographer is sticking to his gun that the OP has not cancelled under the terms of the contract, tells me that there won't be enough evidence to support a claim for a refund without the necessary 6 months notice.

Following on from this, the wording of the emails in November I think would be crucial.
An email from the OP saying along the lines of 'we're thinking of postponing until 2022, how do we stand?' is different from 'we're postponing until 2022, how do we stand?'. 
The other thing for the OP to bare in mind, is that 2022 is going to a bumper year for weddings so getting a replacement may not be easy/

maman

Even better if the word cancel was mentioned. 🤔