What are the laws about getting money back if wedding cancelled

Hi my daughter was due to get married in September

2018 she paid £100 deposit and then a futher 547.00 off her photos for her big day

Due to relationship breakdown the wedding has been cancelled .

The photographer has stated he's only willing to pay back £100 as a good will gesture.

He has had enough notice as the wedding isn't for another yr . Can we take matters further and claim back most money that's been paid to him

Posts

  • Tanya128Tanya128 Posts: 1,993

    What does her contract say? I'd read that very carefully, there wouldn't be a "law" to help you if it says in the contract that she had to pay x amount by certain dates etc. Having said that I do think that as the wedding is over a year away that you should get the bulk of the money back and just forfeit the deposit, that would be better for his reputation.

  • Rach371Rach371 Posts: 1,119 New bride

    I second what Tanya said, have a look at the contract she entered into. 

    I appreciate that the photographer has another year to find new work but it's not his fault that the booking has been cancelled. 

    She could suggest he pays half of the money back in the agreement you both walk away, if not then maybe a small claims court is your way forward but be warned it cost £35 just to make the application based on the amount you're owed. Search small claims court and go to the government website. 

    Good luck!

  • micheal2micheal2 Posts: 7

    i agree he should pay the settlement back but keep the deposit as by no means is it late notice. it could really damage his reputation as tanya128 said, especially if you were to join as many wedding forums as possible and name and shame him/them, as harsh as that sounds!

  • Toni39Toni39 Posts: 2

    Thank you for the advise given .spoken to my daughter  and there was no contract agreement..He obviously isn't happy abt losing the job .and  he has stated that he has kids and a house to run and for a gesture of goodwill he will refund her deposit of £100.

    Which he's having a laugh if he thinks that we will agree to this.my daughter also has 3 kids to raise and a home to run.

  • Helen225Helen225 Posts: 861 New bride

    I don't think she really has a leg to stand on if there isn't a contract. 

  • Tanya128Tanya128 Posts: 1,993

    Yep sorry to say this but I agree with Helen, without a signed contract there really isn't anything you can do. An expensive lesson to learn but never agree to anything that costs so much without a proper contract first. 

  • Rach371Rach371 Posts: 1,119 New bride

    Agreed, without a contract your daughter has essentially given cash to a stranger and now wants it back. It's an unfortunate lesson to learn, sorry. 

  • gill17gill17 Posts: 568 New bride

    Did she get a receipt? Is there any record of the payment, like a bank transfer or cheque or anything? Any email.communication? Could you claim it on your wedding insurance? If he rebooks it perhaps he could be persuaded to refund more? 

  • MrsNH17MrsNH17 Posts: 572 New bride

    legally contracts don't need to be in writing - so lack of contract doesn't preclude you in the first instance from taking this further.

    does your daughter have any emails or similar which show what was implied into the terms of payment or is there anything on this persons website / Facebook page or similar that she could rely on as evidence?

    what is the total price?

    i would be writing to him explaining you are not paying for services not rendered and whilst as a goodwill offer you would be happy to forgo the deposit of £100 (as would probably be more standard) the balance must be returned otherwise you will take further action. yiu could also say you intend to mention this way of dealing in various review sites. 

    if she's paid the full amount more or less you can also insist he undertakes the work paid for! 

  • MrsNH17MrsNH17 Posts: 572 New bride

    Also contact citizens advice bureau who can give you guidance on this. 

  • bella2015bella2015 Posts: 1,903 New bride

    If the wedding is so far away is there a reason why she has paid an additional £547 on top of the deposit? 

    I can understand your daughter being upset about losing the money and I do think that the photographer in part is being unreasonable by keeping most of the money but the issue is that from his perspective he's lost a booking that he may not fill. If she'd had wedding insurance she may have been able to claim it back. 

  • Mrsseebe2beMrsseebe2be Posts: 631 New bride
    bella2015 wrote (see post):

    If the wedding is so far away is there a reason why she has paid an additional £547 on top of the deposit? 

    I can understand your daughter being upset about losing the money and I do think that the photographer in part is being unreasonable by keeping most of the money but the issue is that from his perspective he's lost a booking that he may not fill. If she'd had wedding insurance she may have been able to claim it back. 

    Unfortunately wedding insurance is void if you choose to cancel the wedding due to break down of the relationship, it's to cover illness, injury, venue cancelling at that kind of thing, so wouldn't be of help here.

    I would definitely look into whatever communication your daughter has had with the photographer and use it to argue with him that they had a contract (which they did - in British law a contract is the invitation to provide a service and the agreement to provide a service, verbal can be binding). Point out he hasn't provided the service and has plenty of time to rebook the day of the wedding due to early notice so the payment is expected back.

    If he still won't play then explain that you'll be reviewing him very poorly on social media which will lose him far more money than this payment.

  • Katherine66Katherine66 Posts: 1,234

    I totally agree with mrs nh17,  i will post again once i have spiken to my daughter who is an expert in business.   

     

    Seek advice from a solicitor forst half hohr is free but my gut feeling with my experience and business degree is no he cant keep all that !   

     

    Most businesses have a sliding scale of cancellation fees based on notice given.  

    Written contract or terms and conditions would have made things easier however there is a whole load of consumer rights out there.  

    Get an appointment with cab

    write a formal letter stating you are seeking advice and copy a solicitor in once you have been in contact. 

     

    Dont agree anything or speak via phone as there is no record of what is actually said.  

    I would expect this to be sorted quickly once he knows you are not a pushover. 

     

    Dont listen to his emotional comments either. 

     

    if there is anything else i will post it later.  

     

     

  • gill17gill17 Posts: 568 New bride
    Mrsseebe2be wrote (see post):
    bella2015 wrote (see post):

    If the wedding is so far away is there a reason why she has paid an additional £547 on top of the deposit? 

    I can understand your daughter being upset about losing the money and I do think that the photographer in part is being unreasonable by keeping most of the money but the issue is that from his perspective he's lost a booking that he may not fill. If she'd had wedding insurance she may have been able to claim it back. 

    Unfortunately wedding insurance is void if you choose to cancel the wedding due to break down of the relationship, it's to cover illness, injury, venue cancelling at that kind of thing, so wouldn't be of help here.

    I would definitely look into whatever communication your daughter has had with the photographer and use it to argue with him that they had a contract (which they did - in British law a contract is the invitation to provide a service and the agreement to provide a service, verbal can be binding). Point out he hasn't provided the service and has plenty of time to rebook the day of the wedding due to early notice so the payment is expected back.

    If he still won't play then explain that you'll be reviewing him very poorly on social media which will lose him far more money than this payment.

    Some insurance policies do cover relationship ending, it depends on the terms and cover. Some even cover payments made before the start of the policy. 

  • MissSMissS Posts: 267 New bride

    Im not sure about this one tbh- I think its generous giving the £100 back- hes a businessman and needs to cover his own back- he may of turned down other wedding jobs for this one- Maybe try and make an agreement with him that if he gets another job he gives back the money?  

  • Mrsseebe2beMrsseebe2be Posts: 631 New bride
    gill17 wrote (see post):
    Mrsseebe2be wrote (see post):
    bella2015 wrote (see post):

    If the wedding is so far away is there a reason why she has paid an additional £547 on top of the deposit? 

    I can understand your daughter being upset about losing the money and I do think that the photographer in part is being unreasonable by keeping most of the money but the issue is that from his perspective he's lost a booking that he may not fill. If she'd had wedding insurance she may have been able to claim it back. 

    Unfortunately wedding insurance is void if you choose to cancel the wedding due to break down of the relationship, it's to cover illness, injury, venue cancelling at that kind of thing, so wouldn't be of help here.

    I would definitely look into whatever communication your daughter has had with the photographer and use it to argue with him that they had a contract (which they did - in British law a contract is the invitation to provide a service and the agreement to provide a service, verbal can be binding). Point out he hasn't provided the service and has plenty of time to rebook the day of the wedding due to early notice so the payment is expected back.

    If he still won't play then explain that you'll be reviewing him very poorly on social media which will lose him far more money than this payment.

    Some insurance policies do cover relationship ending, it depends on the terms and cover. Some even cover payments made before the start of the policy. 

    Fair enough Gill, I know mine doesn't and I hadn't seen any others that did when I was looking for a policy. Definitely one where the small print is worth checking.

  • LEAH35LEAH35 Posts: 24

    If a contract breaks down, the party not at fault has a duty to mitigate their loss - that is, they must try to reduce the loss, in this case by finding other work on what would have been the wedding day.  So, while it would be usual for the photographer to keep the deposit, he would have to show that he had made efforts to get another booking.  If he is any good, he should be able to find another wedding on that day.  If he does, then your daughter would still be liable if he's incurred any extra costs in advertising etc. but she should get the bulk back.   Agree that she should (a) check wedding insurance if she has it (b) go to Citizens' Advice for help with negotiating this.

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