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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was a wedding photographer client several months

Resolved Question:

Hi,
I was a wedding photographer for a client several months ago. The client is now not happy and is sending me threatening messages through a 3rd party via Facebook messenger.
She wants a refund of £300. I only charged £500 as a favour and allowed payments to be made in instalments which were as and when. I should have been paid in full by the time I did the photography but this didn't happen. A couple of weeks ago I receive the final payment.
I was asked to make an wedding album for the event but wasn't happy to do this after all of the problems. I issued a £80 refund as a good will gesture and expected this to be the end of the ordeal.
I am wondering what to do next as the client is asking her friend to harass myself and my partner both at home in our places of work.
I don't feel that I should be giving any kind of refund but I'm also increasing stressed about what might happen next.
Many thanks for your help,
Luke Addison
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What is she not happy about?
Customer: replied 1 year ago.
She's not happy that I have not provided the wedding album. When she first brought this up, I provided her with an £80 refund which she accepted. She is now asking for almost all of the monies back.
Expert:  Ben Jones replied 1 year ago.
So to clarify you had initially promised to provide an album and the only reason you did not do so is because she did not pay on time, is that correct?
Customer: replied 1 year ago.
This is correct. She asked for a partial refund which I provided as there was no album. She is now asking for a further £300.
Expert:  Ben Jones replied 1 year ago.
Thank you. So the initial agreement you had was for you to take photographs at the wedding and provide a wedding album afterwards. The client may have delayed making the payments but she did pay the full amount in the end so you would have still been expected to provide your side of the agreement. You cannot refuse to provide the album or at least refund the equivalent o that just because she delayed the payments because in the end she still paid you the full amount. You did offer her a partial refund of £80 but the issue here is what proportion of the total fees can be attributed to the album itself. I am no wedding photographer so I have no expertise to decide that and if you don’t know yourself, you need to check with other professionals to get an opinion on that. Another important consideration here is that the courts have previously awarded aggravated damages for disappointment when a wedding photographer has failed to provide the service which was agreed at the outset. As it is such a special day and the album is an important part of it, she could try and claim that it is not just the fee of the album itself that she can be compensated for but also the disappointment of not getting that. It is best to try and negotiate something with her – not the £300 she is asking but try and meet halfway. Her options if no agreement is reached are to take this to the small claims court. There a judge will decide what is fair in the circumstances so you do run the risk of being taken to court and having to pay the court fees of a couple of hundred together with the compensation they may order you to do. Of course there is no guarantee that she will go that far but do bear it in mind. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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