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Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know if you have been told why you are not receiving the albums?
Apparently the package no longer exists
did you sign a contract that detailed what you were getting when you ordered this package?
He requested a deposit of £200 which was paid on the evening we met him. At the time we were preparing for the wedding and apart from the suits and car, nothing was signed for
any documentary evidence of what was agreed, or was it all done verbally?
we viewed the website and were asked to visit him at his home/studio. As far as we were aware, he was professional and legitimate. He showed us what we were due to receive in the ultimate diamond package and we went for it. As I remember, the package for £800 (diamond package) was the same apart from not having the albums.
In answer to your question, it was verbal apart from the website which no longer exists
Below is what we have been sent via email which completely goes against what we were sold
The plus package was the parents package which was their own discs and 40 7" x 5" prints of their choice which they will choose after viewing their discs. I removed it for new customers as they can now buy what they want direct from the online site. New customers also don't get the discs or prints as they too can simply access the images from the site, hence me taking £50 off the Diamond package price. With all the images downloaded onto discs, 40 10"x8" prints (normally £6 each = £240) & 80 7"x5" (normally £4 each = £320) plus parents discs you can see you're package is far cheaper than my new prices. Which would total £945 Diamond + £240 + £320 = £1,505 plus the cost of the discs and postage that was the £50 worked into the original Diamond price of £995. I hope this explains. Albums were never included in any of my packages as not everyone wants one or that style and some may want larger ones, digital albums etc etc. The prices can also change so I have always kept them as a separate option. The Milano Album and case as shown with my portfolio is currently £265 for a 40 page. You also have to add £1.50 per page for an overlay (card frame) which come in plain or embossed edge and slide into the album. I don't charge for putting the albums together and normally deliver by hand for free within a 5 mile radius or they can be collected by hand, courier or delivered by courier at cost price. You can also go direct to the manufacturer which is why I have put a link to their site and local distributer but you will have to put the Album together yourself in that case, although I will guide you how to do that.
It is irrelevant whether the deal no longer exists - you agreed to pay for this package at the time it existed and that means that the photographer has to honour their part of the bargain regardless of whether it is subsequently discontinued.
Therefore, you can argue that they have acted in breach of contract and pursue it accordingly. He main issue however is that there was no documentary evidence of what was agreed and you will have to rely solely on verbal evidence. In will then effectively be your word against theirs.
Before you consider legal action I strongly suggest you write to them and sate that you are treating their actions as breach of contract and that you request that they meet their contractual obligations. Advise them that if no resolution is reached by a certain date you will have no other option but to issue legal proceedings to pursue your rights. You may then consider taking this matter to the small claims court.
OK. I knew all that already. Without sounding ungrateful, i was expecting a do i or don't i have a case. I have already threatened small claim court action on the sale (mis-sale)of goods act
You do have a case that's for sure, but no one can predict the outcome if you were to take it to court
Would you mind 'finishing your answering now so i can rate your advise
Seems there is a technical issue with rating so you can just type the rating instead please and leave chat by closing the window, thanks
that sounds like a con. No offense but you have given me legal advice that I knew already. How can I rate you as anything better than poor service for stating the obvious.
the 'obvious' is your legal position, if you knew that already then at least it confirms that you were right from the outset