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Advice on refund

I ordered and paid for a wedding cake that was agreed to be ready on a certain day.
One of the messages between us said that if needs be, could it be picked up on the day after the agreed day as someone travelling through wasn’t sure if they’d be there on the agreed day or day after.
When they got there on the agreed day, they were told it wasn’t ready - we needed it for the next day and a 5 hour round trip just wasn’t doable the next day.
The baker was extremely rude, blocked me on social media and generally ranted…
They eventually said that I would get a refund but what I’d like to know is if I accept a refund, can I still go to small claims for compensation?
It was our wedding and we were left without a cake the afternoon before the big day.
If not, do I have to refuse the refund and then go through the small claims court for both?
I’ve looked online but can’t find the information anywhere. 

Comments

  • powerful_Rogue
    powerful_Rogue Posts: 8,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What ££ would you put down on the claim form for compensation and how would you justify it?
    If you do turn down the offer of a refund and then try and claim that via the Small Claims Court, you would not be looked to favourably on.
    In regards to collection the day before, when was that message sent and did you give the baker the heads up saying someone was coming to collect it?

  • Diamandis
    Diamandis Posts: 881 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    I'd accept the refund and move on. You saved money on a cake, look at the positives. Congrats on your wedding.
  • user1977
    user1977 Posts: 18,177 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    If you get a full refund, what would the compensation be for?
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 20 May 2022 at 4:50PM
    Hi, and welcome to the Forum.

    You said "They eventually said that I would get a refund but what I’d like to know is if I accept a refund, can I still go to small claims for compensation?"

    No, you can't because you've been refunded - or had the offer of a refund. The only thing you could try to claim for would be 'gross incompetence'. Not really a thing in this particular instance.

    You have to pay to bring a case to court anyway and if you lose - you probably would as there's no case here - you can't reclaim court costs so you'll be worse off. 

    What an awful experience, though, for your wedding, I do sympathise. Hopefully you were able to find a suitable cake but it's a disappointment to be let down at the last minute.

    All the best for your future - a cake's not really all that important in the scheme of things. 
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
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