Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 1:03 AM
    • 25Posts
    • 0Thanks
    Rachfarn1
    County court claim for goods not received
    • #1
    • 3rd Apr 19, 1:03 AM
    County court claim for goods not received 3rd Apr 19 at 1:03 AM
    I have had a letter from the county court stating I am being sued over an order I placed last June. Order was cancelled within 24 hours of being placed. If I lose the case does the claimant have to give me the goods ordered as he is stating that he wants full payment as they are bespoke and cannot be sold to anyone else ?
    EDIT ** I'm not looking for opinions on the court case, I have already sourced help in that department. Purely looking for people's experiences of whether goods will be received if we are made to pay.
    Last edited by Rachfarn1; 03-04-2019 at 6:43 AM.
Page 3
    • waamo
    • By waamo 3rd Apr 19, 12:14 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    His name is on the top of the order form but only i signed it. can it be argued that i signed on his behalf?
    Originally posted by Rachfarn1
    Then he would appear to be aware of the contract and by having his pictures taken particpated in it. That is unless he could truthfully say he didn't know his name was on it and genuinely believed it was in your sole name. I'm not convinced the photographer couldn't name him even.

    Contracts don't have to be in writing for you to be held to them, it just makes life a lot easier to enforce them.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 12:26 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    im confused, so that means he is joint liable?
    • Bermonia
    • By Bermonia 3rd Apr 19, 12:28 PM
    • 605 Posts
    • 468 Thanks
    Bermonia
    From what you have said then he would most likely be considered jointly liable.
    • DoaM
    • By DoaM 3rd Apr 19, 12:36 PM
    • 6,727 Posts
    • 6,653 Thanks
    DoaM
    Was YOUR name also mentioned? Or was it just your signature?

    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).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • deethebee
    • By deethebee 3rd Apr 19, 2:15 PM
    • 233 Posts
    • 42 Thanks
    deethebee
    If you don't mind me asking Rach (because I can't seem to find the answer among the posts), what was the actual agreement you made with the photographer? Had you agreed to a service and for a certain amount of photographs and to pay a certain fee? Or did he just tell you you could only buy the pictures you wanted? I'm not sure that changing your mind from 5 pictures to 1 picture is a breach of contract and it also sounds as though he agreed to this at the time, is that correct? It seems a bit strange that he could agree to the change of mind at the time, but suddenly now be pursuing you for the remaining photo's. Is that what is happening? If there was no obligation to buy any photo's then I am not sure how he can be suing you for cancelling the order. Was there a payment for the photography service that you paid?

    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.
    Last edited by deethebee; 03-04-2019 at 2:21 PM.
    • waamo
    • By waamo 3rd Apr 19, 2:29 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    If you don't mind me asking Rach (because I can't seem to find the answer among the posts), what was the actual agreement you made with the photographer? Had you agreed to a service and for a certain amount of photographs and to pay a certain fee? Or did he just tell you you could only buy the pictures you wanted? I'm not sure that changing your mind from 5 pictures to 1 picture is a breach of contract and it also sounds as though he agreed to this at the time, is that correct? It seems a bit strange that he could agree to the change of mind at the time, but suddenly now be pursuing you for the remaining photo's. Is that what is happening? If there was no obligation to buy any photo's then I am not sure how he can be suing you for cancelling the order. Was there a payment for the photography service that you paid?

    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.
    Originally posted by deethebee
    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.
    This space for hire.
    • deethebee
    • By deethebee 3rd Apr 19, 2:55 PM
    • 233 Posts
    • 42 Thanks
    deethebee
    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.
    Originally posted by waamo
    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.
    Last edited by deethebee; 03-04-2019 at 3:00 PM.
    • waamo
    • By waamo 3rd Apr 19, 3:36 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    Where the t&c's are silent on an issue then the default position will be what the relevant legislation says. In this case it isn't necessarily helpful to the op though.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 15th Apr 19, 1:11 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    so next stage of the sage ... paid 240 to a solicitor to tell me nothing helpfull. we have entered a DMP with stepchange. we answered the claim saying we are going to defend but now it looks like we are just going to have to accept and take the ccj and add the cost onto our plan. can the judge say we have to pay the full amount there and then or can we show we are on a DMP and let stepchange offer payments as they have our other creditors? hope that makes sense.
    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?
    • waamo
    • By waamo 15th Apr 19, 1:40 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    Just out of curiosity did the solicitor agree with our thinking here?

    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.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 15th Apr 19, 2:34 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    She went through the defence and what needed to be written but couldnt say how it would go, she stated that it would all depend if the judge agreed with the evidence of cancellation but as he has no cancellation policy it was at his discretion to accept and clearly he doesnt. bespoke items dont carry distance selling rules so even though items were purchased and not seen it doesnt count.
    The photographer has been very aggressive since he started this in January so we will not be talking to him directly.
    • waamo
    • By waamo 15th Apr 19, 2:37 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    She went through the defence and what needed to be written but couldnt say how it would go, she stated that it would all depend if the judge agreed with the evidence of cancellation but as he has no cancellation policy it was at his discretion to accept and clearly he doesnt. bespoke items dont carry distance selling rules so even though items were purchased and not seen it doesnt count.
    The photographer has been very aggressive since he started this in January so we will not be talking to him directly.
    Originally posted by Rachfarn1
    Thanks. It seems the solicitor pretty much repeated what we have said.

    If you agree to mediation via the court it goes through a third party. The court appoints a mediator so you don't have to speak directly to the photographer at all. In fact you won't be able to through court mediation.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 15th Apr 19, 3:11 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the 1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
    We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now
    • Manxman in exile
    • By Manxman in exile 15th Apr 19, 3:27 PM
    • 1,805 Posts
    • 1,403 Thanks
    Manxman in exile
    Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the 1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
    We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now
    Originally posted by Rachfarn1

    It will be relevant in an attempt to get the photographer to reduce his claim or drop it altogether. If you don't try you won't find out.
    • waamo
    • By waamo 15th Apr 19, 3:29 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the 1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
    We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now
    Originally posted by Rachfarn1
    You can write to the court saying you no longer wish to defend it and admit liability. They usually accept that.

    Personally I would attempt mediation. You have nothing to lose and it's free.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 15th Apr 19, 4:39 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    I cant see him dropping it, i think this whole thing came about due to him having a strop when I told him to stop ringing me in work.
    In order to do mediation i still need to write the defence to the court?
    • waamo
    • By waamo 15th Apr 19, 5:18 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    I cant see him dropping it, i think this whole thing came about due to him having a strop when I told him to stop ringing me in work.
    In order to do mediation i still need to write the defence to the court?
    Originally posted by Rachfarn1
    Yes but if mediation works the case ends. If it doesn't work you can write to the court at any point saying you no longer wish to contest it. Or just tell the mediator and see if you can come to some sort of arrangement to pay. The cost to you will remain the same as long as he doesn't pay a hearing fees
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 15th Apr 19, 7:10 PM
    • 25 Posts
    • 0 Thanks
    Rachfarn1
    ill get the defence written, can i send an identical document for my husbands defence as its both our names on it?
    • waamo
    • By waamo 15th Apr 19, 7:29 PM
    • 6,294 Posts
    • 8,233 Thanks
    waamo
    ill get the defence written, can i send an identical document for my husbands defence as its both our names on it?
    Originally posted by Rachfarn1
    Yes as long as it's clear two defences are going in, yours and your husbands. The facts of the case are identical so the defence will, by default, be identical.
    This space for hire.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,028Posts Today

5,062Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin