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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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hi im a wedding video and photography company last year i have

Customer Question

hi im a wedding video and photography company last year i have took somebodys video and pics on thre wedding day the video was given to the client but the pictures accidentely got deleted the client did not sighn the terms & conditions at the time of booking. she has now£10,000 jujment sent against me. The whole of the job video & photography was for £1800 but shes got the video and had text me that shes happy with it can you please tell me what position im in legally now
thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

On what basis does she say she has suffered from £10k loss?
Customer: replied 3 years ago.

jomo1972 i think she saying it because of the loss of the pics she payed me 1800 for bothe jobs pics and video but shes had her video and was happy with it at that time iwas still trying to recover her pics as they had been deleted now she has sent an court jujement for 10.000


 

Expert:  Jo C. replied 3 years ago.
Just to be clear this is £10,000? She didn't pay you £10k.

What other loss is she alleging?
Customer: replied 3 years ago.

for jomo1972 no she didnt pay me £10k.

Expert:  Jo C. replied 3 years ago.
Thanks for the information. Good news then.

She has no claim against you for that amount.

Obviously, you agreed to supply her with photographs and you did not. I realise that it wasn't your fault and it was something that could happen to anybody but it certainly wasn't her fault and there needs to be a reduction in the price to reflect that.

However, she has received the video and she does have to pay something for that.

She has absolutely no claim against you for £10,000.

She has not suffered £10,000 worth of loss. Even though there is a breach of contract here, she can only claim from you the sum of her loss. There is no financial loss arising from disappointment in not having photographs.

You do need to make some offer to reflect the absence of the photographs but you are entitled to be paid for the video and there is absolutely no claim for this amount.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

for jomo1972 she is also mentioning that the cost for her wedding was approx 40k and that she wanted compansation regarding the situation im very worried even though everyitem in her wedding has been captuerd with great effort and edited as well when she recieved the video she said thankyou the video looks good i really like it at that time she didnt know the fact that the pictures were deleted asi was in the process of trying to get the pictuers recoverd by experts in data recovery .I tried to my best as soon as i had give her the bad news regarding the pics i spent over 1000k but it wasnt possible the pics had got shredded in the bin.as soon as i had told her what had happend she said she know longer is happy with the video even though ive still got her text saying how good the film was but it was like she just wanted large amounts of money through compansation this is the most accurate info i can give you i stiil havnt read the summons my self but willdo shortly can you please let me know the summons side of this situation summons r for 10k.


thankyou

Expert:  Jo C. replied 3 years ago.
Yes, that wouldn't change my answer.

You will have to offer something as you didn't provide the pictures. You are not liable for anything more than that.

She isn't going to get compensation in addition of that. You are not responsible for the fact that she spent £40k on her wedding. You are just under contract to provide the pictures and since you cannot you will have to drop your contractual price to reflect it.

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