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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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Wedding Venue deposit question. If we have given a deposit

Resolved Question:

Wedding Venue deposit question. If we have given a deposit to a wedding venue but not signed any T&C's that says that we will loose our deposit do we have the right to demand our deposit back?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Why do you want to cancel?

How much is the deposit?

How did you pay it?

Thanks

Jo
Customer: replied 2 years ago.

Hello Jo,

Thank you for your help.

We have found another venue that is closer to our house and easier access for our friends and family.

Deposit was £1900

BACS transfer

We signed and sent back their T&C's but they have never received them as we both get emails requesting the document signed and returned.

Regards,

Simon

Expert:  Jo C. replied 2 years ago.
When was wedding scheduled for?
When did you book?
When did you cancel?
How much was total cost?
Jo
Customer: replied 2 years ago.

Hi Jo,

We booked end of August 2014.

We haven't cancelled yet as we cant afford to right off £1900.

Total cost of the venue is £3650.

There are additional penalties from 250 days which means we would need to pay as well.

Rgds,

Simon

Customer: replied 2 years ago.

Hi Jo

The wedding was scheduled for 20th September 2015. We have only tried to cancel today.

We booked the wedding mid August. Total cost of venue hire was £3650.

Kindest Regards,

Expert:  Jo C. replied 2 years ago.
Thanks.
What is the proposed date of the wedding?
Customer: replied 2 years ago.

Hi Jo,

Answer above.

The wedding will be on 20th September 2015

Expert:  Jo C. replied 2 years ago.
Do you know if there is a waiting list at this venue?
Are they likely to be able to let it again easily?
Customer: replied 2 years ago.

I don't know if there is a waiting list however it is very fully booked up for pretty much most weekend next year.

Expert:  Jo C. replied 2 years ago.
Thank you.
The issue is not really what is in the contract. Whatever is or is not in the contract they can still only charge a deposit if it reflects the sum of their loss.
They are under an obligation to try to mitigate their loss by attempting to let this venue to somebody else. They do have every year to achieve that and it seems unlikely that they would fail.
If they are able to let somebody else then they must refund you minus possibly some administration costs.
That said, whatever they should be doing the fact remains that they will not agree. If they will not then your only option is either to write the money off as a bad debt or to sue. It is probably Small Claims Court sum so it will be quick and easy to issue against him.
It is probably a good idea to send them a letter before action warning that if they do not pay within 28 days you will issue against them. Obviously they may ignore that but at least if they do and you have to issue then they will be unlikely to be able to claim costs against you as you have given them warning.
Can I clarify anything for you?
Jo
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