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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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I paid someone to capture photos of my wedding day, paid in

Customer Question

I paid someone to capture photos of my wedding day, paid in full on the day. The guy took hundreds of photos and returned some to us but not exactly what we wanted. We asked to be able to select from the hundreds of photos. However he has lost or erased these and has admitted fault for this. We are unhappy and have asked for a large portion of money back which he has refused. Can I take them to small claims court to retrieve this?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Did you make it clear that this was what you wanted when agreeing the contract?
Customer: replied 3 years ago.

I verbally made it clear and we agreed I would have access to all the photos. However most of these have now been lost.

Customer: replied 3 years ago.

Is the requested enough information?

Expert:  Jo C. replied 3 years ago.
Sorry for the delay. I lost my connection.

Provided it was a condition of the contract when you started that you had access to all the photographs, and he deleted all the others then I think you have a good claim to get, if not all of your money, certainly a large proportion of it back.

If however it was not a condition of the contract when you started that you had access to all the photographs, that severely weakens your claim.

I would not be giving up lightly however and if he will not refund you, it is an issue that I would be looking to get resolved in the Small Claims Court.

Hopefully, if you do issue proceedings he may just decide to cut his losses

Can I clarify anything for you

Jo