New Id Experiences - have they unlawfully kept my money

Babiesmummy_2

I hope this is in the right place. Be gentle.

Here goes, it's a lengthy one i'm afraid.

I made bookings for makeovers with the above in Manchester for 31st Dec 07 as christmas presents for my daughter, niece and mother in law. On booking I paid 3 x refundable deposits of £25 each and an additional £50 for additional photo's totaling £125 (paid by maestro), I also made it clear I wouldn't be attending as this was a gift.

The 31st Dec came and they attended their makeovers, by all accounts they had a lovely afternoon, but the mother in law had to point out on numerous occasions she paid for more photo's costing her £80 just so she could get out of the place as she was going out as it was New Years Eve.

At the beginning of February I contacted the accounts department at New Id chasing my refundable deposit, as I knew the card they had for me had expired, I gave the new card details and was told a refund would be processed within a few days.

On 13th February the photo's arrived which were incorrect, so I rang them and got all that resolved without a problem. On the same call I mentioned my £75 refundable deposit still hadn't been credited to be told that it had been used towards the additional photo's purchased on the day. This was the first I had heard about this, eventually they put me through to accounts again as I had previously spoken to them about the refund. He told me that he had an order form in front of him with a signature on it, with my surname which was my MIL's signature confirming the order details and the costings including the amount already paid (£75deposit)and the amount to be taken. I explained there was no way my MIL would have used my deposit money without my say so, she wasn't even aware of the deposit until I started chasing the refund.

After speaking to my mother in law she definately wasn't aware of the full cost of the photo's and amounts paid. She feels she was pushed into a corner when ordering more photo's on the day, she recalls being the last in the studio's as it was New Years Eve and everybody including her was in a rush to leave as it was after 5pm, so she signed whatever was put in front of her, gave her maestro payment for what she was told was £80 in total for the photo's and then left.

I appreciate she should have read the ts and cs and the costings before handing over any money, but i'm sure 95% of people would trust the sales person that they had just spent the previous 4 hours with to be truthful.

I was told by the accounts department to put all this in writing to them and send it via e-mail to the Manager of their Customer Service Department on 26th Feb 08, I asked for a response within 14days and got nothing and no e-mail was bounced back. So I sent a similar letter through the post Recorded Delivery on 28th March again asking for a response within 14days and as yet I have had no reply.

I am a very honest person and would not be persuing this if I didn't think it was the right thing to do, I personally feel this is due to a dishonest sales person.

I would like any advice of where to go from here. I don't know whether this is lawful or not and whether I could take this any further, any help would be appreciated.

Rex_Mundi

Babiesmummy wrote: »

but i'm sure 95% of people would trust the sales person that they had just spent the previous 4 hours with to be truthful.

I'm sorry to say, but I find this statement ever so naive. I would hope that at least 95% of people (it's not always so) are very wary of what sales people tell them (regardless of the time spent together). In fact, you generally find that it is only companies that use high pressure sales tactics that spend this amount of time [strike]conning[/strike] convincing customers of the benefit of buying the product.

You are in a difficult position. You made a deposit, your family turned up (you pointed out to the company that this was a gift for the family), your MIL paid the remainder (according to the contract of what you ordered and owed, and she signed/paid the balance for), you received the product that your MIL signed/paid for.

If you can't resolve this with the company personally, your only recourse would be Small Claims Court. To tell the truth, I would not be confident of your chances in this instance. The company has got it in writing that the final payment (by your MIL) was made under the Ts and Cs of the company (which included the remainder of the deposit).

I'm very sorry to say, this is another case of read the Ts and Cs properly/fully before you sign (or pay) for a product.

nellytheelephant

I've been to New ID a few times, and they have always made it clear that the deposit is the first amount taken from the pictures.

rogue_element

Easy one to sort out I would have thought? How much was the card charged for?

How much did you pay for photos in total? £50 up front and then another £80 on the day?

pinkshoes

So your MIL paid £80 for her photos, but in reality they should have been £155, thus using your £75 deposit by accident instead of paying the excess herself?

Surely your MIL would have know how much the extra photos were, so could have calculated how much she was going to have to pay? i.e. if she wanted 3 extra photos at £50 each, that would be £150, not £80?

Or did your MIL pay £80 for her photos, which was what they cost, and they've also taken your £75 claiming it was towards the photo.

These photo companies are often criticized for being a bit pushy when it comes to sales!

Could your MIL not pay you the £75 she owes you? Or just let it go?

There's not really a lot you can do, as she signed the paperwork, but given your MIL made such a mess up over the costs, did they not explain the costs to her?

hollydays

looking at their website,it says the deposit is fully refundable to secure your appointment.I would expect that to be the case.Did you have any other explaination beforehand in writing that said otherwise?
If not,and the contract was between you and them,I don't understand how they can even give another person information relating to what you paid,enabling them to knock this amount off the final bill.Surely what you paid,and what she was charged are completely seperate,and private?Have you seen the paperwork she signed?
You might want to discuss this with your bank or creditcard company,to see if the money has been illegally witheld.

MrsE_2

Read this

http://forums.moneysavingexpert.com/showthread.html?t=436842

jeannieblue

MrsE wrote: »

Read this

http://forums.moneysavingexpert.com/showthread.html?t=436842

You never cease to amaze me MrsE.

I won't bother posting a thread anymore if I need any info - I'll just PM you!!:rotfl: :rotfl: :rotfl:

nellytheelephant

MrsE wrote: »

Read this

http://forums.moneysavingexpert.com/showthread.html?t=436842

Is that not about Coverlook studios though?

MrsE_2

nellytheelephant wrote: »

Is that not about Coverlook studios though?

I think they could be one & the same.

I've bought tickets for New ID, but from what people seem to say about them, it seems the same.

V_tricky

NewID are talked about on that link from page 5


I wouldn't touch them with a bargepole, and if I did go, I'd leave my handbag at home!