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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice
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I paid a deposit Daughters wedding cake of £100. she

Resolved Question:

I paid a deposit for my Daughters wedding cake of £100. she picked the cake from fairytale cake company Wombourne. The shop took details and picture of the cake required and a balance of £460 to be paid just before the wedding. I have credit card receipt for deposit and receipt for cash balance paid on 28/August/2015.
The day before the cake was to be delivered to the wedding venue my Daughter checked the time the cake was to be delivered. At first she got no reply. We then found the shop had closed down. My Daughter found another number and Managed to speak to the owner of the shop. She said the cake had been canceled (not by us) we stressed our concerns. They agreed to try to help as the mistake was theres and would deliver the cake to the wedding venue has planned but fillings would be different because of times involved but would decorate the cake has planned. The cake was delivered and looked terrible. and was not worth £560 paid it looked like a shop brought cake with a few green leaves stuck to it and a green ribbon put round. I phoned and asked for the cake to be taken away and a full refund given. or we could keep the cake and a £200 be given back. (this I thought fair has to pay for any costs) They took my Daughters bank details and said they would do that but no refund has been received. We have the owners home address but has the shop is now closed there is no e-mail. We sadly do not have a picture of the cake but have asked wedding guests if any of them took a photo ( it was a sad looking thing at the time we did not think to take a picture and thought the £200 refund would be on the way. is there anything we can do. We have also heard of others that it happend to 4 weeks before our wedding the time when they took the £460 from us.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you, in fact, keep and consume the cake?
Also how much have you paid?
Customer: replied 1 year ago.

Has the cake maker didn't want to take the cake back, over the phone she agreed if we kept the cake she would give £200 refund which she would pay into my Daughters bank account. This refund has never been received. in total we paid £560.00 including the deposit the cake was kept and most cut and consumed.

Expert:  Jo C. replied 1 year ago.
Do you have evidence that she offered £200?
Customer: replied 1 year ago.

She was on speaker phone when i asked for £200 refund there where 3 people in the room with me one was my Daughter. She said she would speak to her husband and call back she did and asked for my Daughters bank details so she could refund the money. but its never appeared

Expert:  Jo C. replied 1 year ago.
And on the basis of that you agreed to accept the case?That was the order of events?
Customer: replied 1 year ago.

yes

Expert:  Jo C. replied 1 year ago.
Ok. Thanks. I just need 10 mins to type up an answer.
Customer: replied 1 year ago.

We seem to be going over the same questions ,the cake maker said by text she would refund £200 . The money has not appeared yet the total cost of the cake was £560. we feel we have been more than fair considering the the cake that was sent on such a special day looked awful can we do anything to get our money back or at least the £200 refund and hope others don't fall to the bad service.

Expert:  Jo C. replied 1 year ago.
It is not that simple though I'm afraid.
The plain fact remains that you did consume the cake. In conventional circumstances you would be liable for the full amount due under the contract.
The fact that they said they would do this does not impact upon the terms of your original contract.
The point you might be able to make though is that you agreed a variation of the contract to keep the cake if they reduced the price.
If the variation point fails then you will have to drop back down upon the general law of consumer protection which allows you to demand that anything you purchase is fit for purpose. This particular cake clearly had a purpose beyond that of being a cake. You could rely on the offer that they made as evidence that it fell short but equally they could point to the fact that you did consume it.
It is quite unlikely to lead to a contested hearing though. For £200 I would imagine they would just give in to avoid the cost of litigation.
Can I clarify anything for you?
Jo
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