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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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We signed a contract with a wedding venue which was a non

Resolved Question:

We signed a contract with a wedding venue which was a non refundable contract and Paid £1000 deposit. The services provided by the company were very poor and as a result we complained. After seveal complaints and a phone Conferance call the company offered to resolve the problems, offered several incentives and assured us all would be fine. We decided to cancel the event, because we had lost confidence in the venue management and go with another company. I asked for my deposit back and was told it is non refundable so no! I have taken it through the small claims court and the company have appointed legal representation and any attemp at mediation has failed. I am now concerned that if I lose I will end up with a hefty legal bill to pay for their costs.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, i am a solicitor with 20 years experience. I will try to answer this.

LondonlawyerJ :

In the small claims court you can be ordered to pay the other party's expenses but this does no include legal costs. So you will lnto be hit with a hefty bill for legal costs.

Customer:

Their defence is the non refundable contract that we signed. we didn't change our minds regarding the venue, we just lost confidence. How binding is a contract of this nature in law.

LondonlawyerJ :

The position on this really is whether the service they were providing to you was so bad as to justify our breaching the contract. This would need to be very poor service I think. Once you have agreed to use their venue and paid the deposit there is a binding contract between you and the venue and you can only treat the contract as null and void if they have acted in such a way that you could have no faith in their ability to deliver on the substance of the contract. Even if you lose in the small claims court the court cannot order that you pay the other side's legal costs.

Customer:

What type of things can they claim as expenses and can the small claims judge decide to award a value below the £1000 that we are disputing.

LondonlawyerJ :

Travel costs , court fees that sort of thing. Yes he could award a figure lower than the amount you are claiming if he thinks you are mostly but not completely in the right.

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