Wedding Venue Deposit Refund

Amiee666

Hi, I am wondering where I stand as currently I don't feel like we've got a leg to stand on.

We "won" our venue hire through Bespoke Weddings and decided to go along to a meeting at the venue to find out what it was about. After alot of searching we decided to go for it based on it being sold to us as 1. Exclusive Use and 2. Having rooms being available by the time of our wedding Aug 25 (told they'd be under construction by Aug 24).

I sent my deposit by BACS after a few twoing and throwing as pressured to hold the date. The venue hire was also not free as we chose one with a surcharge. 

I then had to chase for the contract, which came with incorrect details and arrived whilst I was in labour in the hospital. I reviewed as best as I could under the circumstances but insisted I wanted a meeting ASAP to discuss and go over all my queries.

It took weeks for this to be arranged, and took us out of the "cooling off period".

It was when I finally got a 2nd viewing on 26th Sept, having sent my deposit back in July and signing the contract 5th August.

It was then I found out it wasn't Exclusive use, which I made very clear we had been told it was. I was also reassured again the rooms were likely to be ready despite not yet being started. 

Fast forward, I put in writing on email following citizen advice for a cancellation of contract as these two factors were key in our initial discussions and booking the venue. I also requested our deposit back.

I was then called and reassured the rooms would be ready and they'd put this in writing along with assurances around the non exclusive use and keeping events seperate.

I never got the email with assurances around the rooms being ready in time ans after chasing for another week decided we did indeed want to cancel as they can't guarantee these key elements .

They then threw the T&Cs at us and neither were in the written contract. They have said they will cancel the wedding but won't be refunding our deposit.

I have had to post the formal cancellation and at the same time asked for a formal complaint to be made, my emails and letter has since gone unacknowledged or answered.

Have I any come back or am I going to have to accept we've lost the deposit? Could I ask the small claims or would it back fire?

Thanks for any advice!

Emmia

How do you mean you 'won' your venue hire?

Amiee666

It's more of a gimmick to use their wedding planning services.. you win free venue hire for certain dates and venues and then discounts on other bits and peices. 

But we opted for a non free day and had a venue hire fee anyway! 

A_Geordie

Number one lesson to learn is to make sure that any cruical details of an agreement is clearly set out in writing, and any telephone calls should be followed up immediately to confirm what was discussed.

That aside, you may have a claim against Bespoke Weddings for misrepresentation. If you made it clear the conditions of the venue were exclusivity and they agreed that would be the case, then they wouldn't be able to rely on the contract terms because they misled you into signing the contract on that basis. 

Do you know if the rooms were actually completed by the 25 August? You said you wanted to cancel because they couldn't guarantee the rooms would be ready, but it's not clear if that was your opinion or someone from Bespoke Weddings told you that.

As for bringing this within the small claims track, if the deposit is under £10k, it's most likely going to be allocated to small claims. If you want to take this further then you need to send them a letter before action in writing and giving them a period of time to respond (14 days is standard) before you start legal proceedings. 

Misrepresentation is one allegation you could use but depending on your answer to my question about the rooms, you may have further rights or remedies under the Consumer Rights Act if they failed to deliver what was agreed.

Caz3121

A_Geordie said:

Do you know if the rooms were actually completed by the 25 August? You said you wanted to cancel because they couldn't guarantee the rooms would be ready, but it's not clear if that was your opinion or someone from Bespoke Weddings told you that.

I assume the OP means the rooms to be ready by August 2025 and were due to be started August 2024...I doubt the fact that the rooms were not started on time means they can be sure they will not be completed by the required date.