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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I want found out what can I do. I had photo shoot and I

Customer Question

Hello. I want found out what can I do. I had photo shoot and I payed 1425£ but that day latter on I get bad news from my parents my dad was so ill in hospital he has heart attack . And next day in the morning I went that studio and ask about get money back they not accept . I would like find out its is possible to do there ? Thank you
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello have you checked the contract or terms to see if you are entitled to a refund?

Customer: replied 6 months ago.
I checked contract . There says 14 days of the booking of the test shoot refundable . My test shoot booking was 11 May and photo shoot was 20 May. On 20 May evening I had bad news about exident with my dad and then 21 May in the morning I was in studio back and I please them refund money .
Expert:  Ben Jones replied 6 months ago.

Hello, sorry I was offline by the time you had replied. Are you please able to upload the contract terms as it is best if I manage to take a look at them to know exactly what your rights are. Thanks

Customer: replied 6 months ago.
Hello. Yes there will be two documents about this photo shoot rules. Thank you for helping .
Expert:  Ben Jones replied 6 months ago.

Thanks I have seen them now. So to confirm, you made the booking on 11 May and the photo shoot itself was supposed to be on 20 May? Did you actually have the shoot done?

Customer: replied 6 months ago.
correct , I had photo shoot on 20 May and payed £1425( for image £700 and £600 website) . Next day morning I came back and told them I can work with them because I have bad news from my parents and I need money for my father surgery . They told me it's Saturday and office doesn't work and they can't to help me and studio consultant told me he as well will writing email to office about me. And will not make profil for model agency. I have to writing email to office . I did . I wrote them email and explain my situation . They told me they can't refund money because they start my make my profile . So I have a question how come they start if I was Saturday and workers told me in the weekends office and IT department doesn't work in the weekends . And I was send email 21 May . I asked maybe they can't refund back money for website .im really up sad about this situation , I can't help my family in the moment and I can't fly back to see how is my parents. Thank you
Expert:  Ben Jones replied 6 months ago.
Thanks for this. So under the terms of the contract, a cancellation can be made within 14 days of the date of booking, which was 11 May. However if the shoot is scheduled within those 14 days you must give them at least 24h notice before the shoot is due to take place to be eligible for a refund. As you already had the shoot before you cancelled you have not met the cancellation terms because you did not provide them with the specified notice as per the contract. So you are unlikely to be able to recover the costs for the shoot, which ate likely to be the £700 for the images. You could try and pursue them for the return of the £600 for the site because they were informed in good time and it appears they never started the work in relation to that. So if they try and charge you for this when they had not spent any money on it, you could try and argue that this amounts to a penalty clause because they are penalising you instead of covering actual losses they have incurred. This could make this illegal because penalty clauses are not allowed in law. The issue is that you cannot force them to refund you that money and the only way you can try and do so would be by taking them to the small claims court. Of course that is an option available to you, which is relatively low risk, so it is there if needed.This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to refund you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Hello Ben Jones. Thank you . if i understand i can try get £600 from ,because if we can see on 20 May my photo shoot finished 6pm , I walked away the last from the studio and next morning 9am had already back .Is not possible that one night some one worked . What you recommend to me now? Thank you
Expert:  Ben Jones replied 6 months ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 6 months ago.
Thank you. Its complicate for me . If i would lie to get your help , can you do this ? how much will cot for me your help?
Customer: replied 6 months ago.
I have written them several time about this website money can they can refund but they doesn't agrees. And I attach one paper which I was sensed last one 3 weeks ago and they just answer email and they said that there is no longer anything what they can do . I have accept that I'm loose . I'm really need your help . Please
Expert:  Ben Jones replied 6 months ago.

I am afraid I cannot help outside of this site. However you do not need legal representation to take this further, you can do this yourself by following the steps above

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