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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22624
Experience:  Senior Partner at Berkson Wallace
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I am a quite well established photographer and have been for

Customer Question

I am a quite well established photographer and have been for 8 years. I have been several time on the media about my job. I do cater for alot of clients of all avenues.
The other day i had a mother and son that came for a photo shoot. The photo shoot was made for the son to become a model. He had his grooming done, the shoot and selected 37 airbrushed photographs on CD. The total cost or this should have been £1200 but i negociated down to £900. The mother paid, got a receipt and was very happy.
At the end of the day, i received a rather unexpected agressive call fom a woman who claimed to be a good friend of the lady who came to my place.
She screamed at me how could i take £900 for photographs and that she expected a refund imediately. Se screamed so much that i hang up the phone.
The next thing i get is an email saying that i charged her too much and that she will seek legal advice against me and that the she wasn't even impressed with the photographs.
She says that she works as a movie producer and know that this i way over charging for photos etc ... She is now trying to make me feel bad and say that i should be a good person and give abck the money to a lady who couldn't afford it in the first place.
Basically, i really havent got a clue if and what kind of leverage she can have against me but surely i have absolutely nothing to feel bad about.
However, i do know that some people are nut cases and i would therefore just feel safer with your set advice.
For the records, no papers have been signed other then the receipt she received when she paid.
Fabrice
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Do you have a specific question?
Customer: replied 4 years ago.
Well i would like to know if that woman has in deed a case to build after me given the facts of my previous email i sent you
Expert:  James Mather replied 4 years ago.

If the woman is justa friend, she might simply be an interfering busybody. She has no legal standing.

Who paid and how old is the son?

Have you contacted them?

Customer: replied 4 years ago.

The mother paid and the son is 19. yes I contacted them but they said that their friend is looking after them ! very stange, however, my point is more to do with the fact that after having had a professional service as explained, has anyone (in this case) the friend or even the mother should they want to complain, a leg to stand on ?

Expert:  James Mather replied 4 years ago.






The first thing I would do is
refuse to speak to the friend in detail, but say you're quite happy to speak to the
mother or the son.



To answer your question, do
they have a leg to stand on? This is a matter for the Supply of Goods and
Services Act. The goods and services supplied must be of a reasonable or agreed
cost (if the cost is agreed, it does not necessarily have to be reasonable.), of
satisfactory quality and carried out with reasonable care and skill.



It would therefore come down
to whether the photographs were good / satisfactory quality and whether the job
had been carried out with reasonable care and skill.



In her opinion, she may not
like the photographs but then again I don't like Picasso or Opera, which doesn't
mean that they are not of satisfactory quality or worth the money for the
painting or a seat in the theatre.



At this stage in time, you are
probably the best judge of that and what you have to do, is put your hand on
your heart and say to yourself, regardless of the amount of time that you
spent, have these people got £900 worth. I know that airbrushing and editing
takes a long time and can be expensive.



Having established
(presumably) that they got a bargain, I would refuse to speak to the friend
(remaining polite of course) in detail and simply ask the mother (who, it
appears to be the one the contract was with) to put her concerns in writing and
you will then deal with them.



To be frank, I think the
mother (with her sons stars in her eyes) has spent £900 (or has been persuaded
by the son to pay £900) that she can ill afford. It is buyer's remorse and she
is too embarrassed to ring herself. That is why the friend is poking her nose
in. The fact that you say that Mrs busybody says you should give the money back
to a lady who couldn't afford it in the first place.



Without wanting to appear
callous, that is you, not your problem. I wonder if she had central heating
installed and then decided afterwards that she couldn't afford it, she should
think the plumber should be a good guy (because can't afford it) and give her
all her money back. I think not.



Can I help further?





Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

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livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.



James Mather and other Law Specialists are ready to help you
Customer: replied 4 years ago.

ok thanks this is exactly what thought.


£900 is more then a bargain given the fact that my avergage customer pays £350 for 10 photographs and £2000 for 30 photos.


In this instance have done 37 photos for £900.


 


I just needed to check if there was a law that said for example : yes they have a case, after the service etc ... whereby they can sart a case !


Such as if you by a piece of furniture that breaks, you have a cooling of period to return the goods.


 


I wanted to know if in photography there is such a rule


 


 

Expert:  James Mather replied 4 years ago.

Under distance selling regs thay have 7 days to cancel BUT that doesnt apply to a service which has already been supplied or to a service or goods that was supplied in person and not at distance, internet, mail order etc.

They have no statutory right to cancal therefore in this case

Customer: replied 4 years ago.

Ok thank you very much for your advice



Fabrice

Expert:  James Mather replied 4 years ago.
Glad to help