Noticed some changes? You can read all about the improvements we've made on the Forum in our latest announcement. We also have a new set of Forum rules so please take the time to give them a read and familiarise yourself.
County court claim for goods not received
This discussion has been closed.
Replies
From what you've now explained, it seems that the claim was correctly filed. Your only hope is that the claimant should have only filed against your husband and not you; but your signature probably makes YOU jointly liable with your husband (not the other way round).
Am I right in the above or could you clarify the exact details of this specific agreement?
It also sounds like based on the ts and cs that he has likely deleted the photo's he took for you, so wouldn't be able to provide them.
I think I'm up to speed with this. The op had a photo shoot that they paid for. They then went back for a viewing and picked 5 photos. They changed the order to 1 and paid for 1. The photographer wants to hold them to the 5.
The t&c's say if no order is placed upon viewing then they are deleted after 7 days unless a second viewing is booked. A viewing and subsequent order did take place however.
The t&c's are silent on the matter of cancellation or amendment of an order.
Yeah this is the grey area I think - no mention in ts and cs about cancelling or amending order and it doesn't sound as though the seller kicked up a fuss when the order was changed so this may count in the OP's favour but we need to know what was said in conversations, emails, texts etc. If they accepted the sale of the 1 photo at the time, how can it be legal for them to now pursue for all 5? It doesn't affect the seller in any way if they ordered 1 photo or 5 unless they had already printed all 5 which it doesn't sound like they had. Without a clear understanding of what was required for a cancellation or change of order, I don't understand how the seller can hold the OP to the full 5 photo's.
EDIT: I've just seen the OP has updated their original post and doesn't want advice on the legality of the case but rather whether she will receive the goods. It sounds like he no longer has the goods by the sounds of his ts and cs so I guess that may answer that.
our debts are gone in 4 years, what happens with these pictures? we have never had them but technically in 4 years we would of paid for them so they are then mine?
Have you tried negotiating or mediation with the photographer? If you explained your circumstances he may have some sympathy to your plight. Mediation will be offered by the court as a matter of course. It may benefit you to participate.
The photographer has been very aggressive since he started this in January so we will not be talking to him directly.