When a company cancels a service you pay for and will not give your deposit back

nicolam25

I booked a band in 2020, for this year  through an agency for a chas n dave tribute act. I then decided to postpone the party until 2022. The girl wrote back to me and said the band had recently had ill health and have decided not to play the rest of this year and 2022. 
I contacted them to say the £159 despoit hadn't appeared in my bank yet and she informed me that they have put it in my account "with them" ready for nxt time I want to book.
 I am never going to book with them in the future.
 Ive explained in an email that THEY cancelled me and cannot supply another chas n dave band so they have to refund me. I am waiting , again! for a reply. Any tips  .  I paid direct debit card but will check with Barclays either way or I guess an ombesmen or mediation? Thanks Nicola

MattMattMattUK

nicolam25 said:

I booked a band in 2020, for this year  through an agency for a chas n dave tribute act. I then decided to postpone the party until 2022. The girl wrote back to me and said the band had recently had ill health and have decided not to play the rest of this year and 2022. 
I contacted them to say the £159 despoit hadn't appeared in my bank yet and she informed me that they have put it in my account "with them" ready for nxt time I want to book.
 I am never going to book with them in the future.
 Ive explained in an email that THEY cancelled me and cannot supply another chas n dave band so they have to refund me. I am waiting , again! for a reply. Any tips  .  I paid direct debit card but will check with Barclays either way or I guess an ombesmen or mediation? Thanks Nicola

It is not actually clear from your post if they did cancel. You had a booking for this year, why did you "postpone" (which translates as cancelled, then asked to rebook for next year), was it because the band could not actually play (eg. government compulsory lockdown, as at the start of the year), or was this when venues were open but you either did not like the ongoing restrictions, or just changed your mind?

If the change of date was entirely your choice then you have cancelled the booking, in which case they would likely be correct. If it was because of a government imposed closure of the venue (rather than just restrictions) then it will come down to the terms and conditions, but being unable to perform on a date you want next year is irrelevant. 

Can you clarify, what date had you booked the band to perform?

nicolam25

Hi thanks for you reply and advice. 

I postponed first as due to covid ALOT  of people had already told me they couldnt come and then my Mum had health issues. As the party is on a large scale for a 50th I couldn't hold the party with half the amount and waste my money. 
I postponed the party to Sept 2022.
When I had emailed the agent to say, release the date so you don't loose out on other bookings, as I've just been informed the land is being sold off so I have to find another veune, They replied by saying, sorry to hear what a nightnmare your having. Sorry to add to the stress but 1 member of the band had torn he's shoulder and 1 has suffered a heart attack so they will not be performing the whole of nxt year. So they have now cancelled me. 

MattMattMattUK

nicolam25 said:

Hi thanks for you reply and advice. 

I postponed first as due to covid ALOT  of people had already told me they couldnt come and then my Mum had health issues. As the party is on a large scale for a 50th I couldn't hold the party with half the amount and waste my money. 
I postponed the party to Sept 2022.
When I had emailed the agent to say, release the date so you don't loose out on other bookings, as I've just been informed the land is being sold off so I have to find another veune, They replied by saying, sorry to hear what a nightnmare your having. Sorry to add to the stress but 1 member of the band had torn he's shoulder and 1 has suffered a heart attack so they will not be performing the whole of nxt year. So they have now cancelled me. 

Unfortunately, no, they have not "cancelled" you. You had a booking this year, you cancelled the booking. As you have cancelled the booking they have kept the deposit on account (which it is highly likely that their terms and conditions allow), you have asked to rebook for September 2022, they have said that date is not available, that does not mean that they have cancelled.

nicolam25

I see what you mean but in order of events, they agreed to postpone the band to 2022. 

Its SINCE  then they have said the band cannot perform due to ill health.
 So they are now no longer able to provide the service I paid a deposit for. 

comeandgo

No, you paid a deposit for an event you cancelled.  They then agreed to your new date, and they agree to a future date.

MattMattMattUK

nicolam25 said:

I see what you mean but in order of events, they agreed to postpone the band to 2022. 

Its SINCE  then they have said the band cannot perform due to ill health.
 So they are now no longer able to provide the service I paid a deposit for. 

Did you actually rebook them for a specific date in 2022? If a specific date was not booked for 2022 at that point, it still reverts to you being the one who cancelled. You would need to read their terms and conditions properly, but in almost all of these situations the it will be treated that you cancelled the original date and until you have rebooked a specific date then the deposit is held on account.

sheramber

I postponed the party to Sept 2022.
When I had emailed the agent to say, release the date so you don't loose out on other bookings, as I've just been informed the land is being sold off so I have to find another veune,

You cancelled because you had lost the venue.

They then told you the band would not be playing.

nicolam25

MATT.... yes I postponed the party to 10th Sept 2022

SHERAMBER  / MATT,,...I then wrote to say, I've lost the venue, The party will STILL happen, I will STILL want the band,  I will contact you when I have a new venue and date.

They took so long to reply that in the meantime the band ended up ill and their next reply was to tell me they could no longer supply the band id paid the deposit for.

nicolam25

Also, the man, Jez, I originally booked the band with, I had had a conversation with before paying the deposit. I said to him, I have never booked a band before. What happens if something happens to them? He replied and said nothing will happen to them.

I began by saying...... I want to make it clear, as they are a tribute band if anything happens to them, I DO NOT WANT ANOTHER BAND, I will want refund, They are booked due to sounding like Chas n Dave so i do not want to be fobbed off with another band , Worse case scenario, i have a dj.  He said he understood and I paid the deposit. I mentioned this in my last email to the girl.
Annoyingly Jez has left the company and I don't have that conversation in writing, I found him on Facebook last week and messaged him. He hasn't replied yet.

y3sitsm3

nicolam25 said:

Also, the man, Jez, I originally booked the band with, I had had a conversation with before paying the deposit. I said to him, I have never booked a band before. What happens if something happens to them? He replied and said nothing will happen to them.

I began by saying...... I want to make it clear, as they are a tribute band if anything happens to them, I DO NOT WANT ANOTHER BAND, I will want refund, They are booked due to sounding like Chas n Dave so i do not want to be fobbed off with another band , Worse case scenario, i have a dj.  He said he understood and I paid the deposit. I mentioned this in my last email to the girl.
Annoyingly Jez has left the company and I don't have that conversation in writing, I found him on Facebook last week and messaged him. He hasn't replied yet.

You cancelled the original date, therefore forfeiting your deposit.

At that point you were always going to be at the mercy of the suppliers goodwill.