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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my daughter booked a wedding reception venue just

Resolved Question:

Hi my daughter booked a wedding reception venue just for an evening do. I sent a cheque for the deposit which they tore and I sent another and they cashed both. They did reimburse it when I bought it to their attention . They put some package deals on fb and they were more expensive than we had been quoted, so I made a very nice polite enquiry about it, the wedding planner ( who's never done it before ) it's a new venue. Was so rude , I said I'm only asking a polite question , I was told if my daughter didn't like it to go somewhere else as they had lots of people wanting it . I was stunned and we no longer feel happy but as my daughter signed a contract how do we stand? She also said oh by the way 3 pm isn't happenning , it's evening only , we had agreed 3 pm onwards when we booked it
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name ismAles and I will help you with this.
Alex Watts : For now please let me know when it was signed and also is there a cancellation clause?
Customer: I will just have to consult my daughter
Customer: 5 mins
Customer: They also said corkage was included in the price and then said It wasn't and as I said she was very rude and told us to go elsewhere if we weren't happy , there was no cancellation clause and beginning of December. I didn't pay until last week as they ripped the cheque and cashed the second one last week
Customer: There was no cancellation clause signed the first week in December, there was the mix up with the cheques which was very strange they cashed the second cheque last week and reimbursed the money quite quickly
Customer: Sorry that sent twice
Customer: We are going to see the owners tomorrow night
Customer: The wedding is not until August 2016
Customer: I can't find an answer as yet
Alex Watts :

Just to confirm there is no clause saying if you cancel there will be a charge?

Customer: No I dont. Think so
Customer: Paid £500 deposit
Alex Watts :

Ok - then all she would lose is the deposit.

Alex Watts :

If there is no cancellation clause in the contact they can not hold anything beyond the £500

Alex Watts :

If they do they would be in breach of contract

Alex Watts :

They can only act in the terms of the contract.

Alex Watts :

Therefore unless its in the contract, they can not do anything

Alex Watts :

Can I clarify anything for you about this today please?

Customer: So we won't get the £500 back if they are changing what they agreed on
Alex Watts :

I am not sure I am with you?

Alex Watts :

You want to cancel and paid a £500 deposit? If so that is all you will lose.

Customer: They are not allowing us what they agreed to and have told us to go elsewhere if we are not happy
Alex Watts :

They can't stop you.

Alex Watts :

They have a contract

Alex Watts :

They can't change the terms after it has been agreed

Customer: We agreed on times to use the marquee and now saying we can't have it until later in the day but that wasn't mentioned in the contract, and they are making us very uncomfortable
Alex Watts :

Indeed. They can't change the terms, that is breach of contract

Customer: So if we don't want to go there we loose our deposit , seems awful when they've been so rude , my daughters so upset
Alex Watts :

Yes. You could of course try and sue in the small claims Court if you wish for the £500 and I can outline that procedure?

Customer: Hopefully we can appeal to their better nature , yes please
Alex Watts :

Indeed.

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?

Customer: Thank you that's really helpful at least we can try , thanks Alex
Alex Watts :

Good luck - can I help with anything else?

Customer: No but thank you very much very helpful ,needed to know how we stand before I go tomorrow, goodnight
Alex Watts :

Thanks. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer: Thanks I will
Alex Watts :

Great. Good luck

Customer: Thanks
Alex Watts :

Thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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