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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My daughter has had to cancel her wedding as her partner has

Customer Question

My daughter has had to cancel her wedding as her partner has left. She was due to marry on the 6th June 2015 and had paid for the reception in full, when she went to cancel the reception with great western hotels they said they would keep 65 percent of what she had paid, a are they entitled to do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did she sign terms and conditions and if so what does that say about cancellation?
JACUSTOMER-3njyks32- :

Cannot rate you as have not received a reply my email is *****@******.***

JACUSTOMER-3njyks32- :

Up to six months prior to the wedding date you forfit £500 deposit but they reserve the rights to deduct 65% of the total cost

Alex Watts : Yes don't rate until I have answered this.
Alex Watts : On what basis do they reserve the right to 65% does it say?
JACUSTOMER-3njyks32- :

They do not state why .It says that they will take the £500 deposit and reserve the rights to take up to 65% of any payments made against the wedding although they were not asking for full payment until 6 weeks before the date

Alex Watts : Ok. You do have protection under the consumer contract regulations 1999 that states
Alex Watts : 5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Alex Watts : regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Alex Watts : If it had only been a few weeks beforehand and they could not resell the date then I could understand why they would take 65%
Alex Watts : But on the basis they have 6 months to resell the date I can't see why they can justify the amount.
Alex Watts : It seems wholly unreasonable and unfair,
Alex Watts : As such you can challenge it under the regulations
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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