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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had to cancel wedding venue due to customer service

Customer Question

i have had to cancel wedding venue due to customer service not being fit for purpose. Contract states if cancelled less than 6 months before the date, a 60% charge will be made from last costing. Within contract we have never received any costing for wedding at all. However they are trying to use a quote (costing - actually calling it an invoice) from when we first enquired 9 months prior. We hadn't signed a contract then or even booked the venue. I've asked for the invoice they are referring to three times but they still have sent it to me, but state they are taking legal action. Today they have sent over a costing/quote that we asked for, which is different again, but was when enquiring about the venue. When signing the contract no costings were attached and not costing have been given within contract. Where do I stand and how can they use a costing outside of a signed contract. Do I have rights, am I in the right on this or have I fallen into a legal trap?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve please?

Alex,

Customer: replied 5 months ago.
Hi Alex,We have requested to cancel our booking because the customer service we are experiencing is nto fit for purpose with many questions about our wedding still unanswered. We have kindly requested this, but no are being threathened with legal action under one part of the contract
Customer: replied 5 months ago.
I just want to cancel booking because of reaons above and many more and no my rights
Expert:  Ash replied 5 months ago.

under the consumer rights act 2015 you can challenge terms which are unfair. Unfair are terms which create a significant imbalance between the parties.

You are liable for a fee, because you have cancelled. But that fee is subject to proper and full consideration. If they never quoted you prices the they can not be helped

They should have included it in the contract. They did not. They can't rely on a quote that isn't in the contract.

So you can say the terms are unfair and if they try and take you to court, you can defend on this basis.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 5 months ago.
The fee is £1000 non-refundable deposit, which I understand under the consumer rights act I could claim back, but we have tried to be reasonable and let it go, mainly because its all too stressful.The Venue quoted us prices prior to us signing the contract. So for example, in the contract it states, you will be charged 60% of last given costing if cancelled. If the costing was say Oct 2015 and we booked March 2016, can they use Oct costing to claim money back?What would define, 'Unfair are terms which create a significant imbalance between the parties.'?
Expert:  Ash replied 5 months ago.

No definition but the Act says

Whether a term is fair is to be determined—

(a)taking into account the nature of the subject matter of the contract, and

(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.

(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.

Alex

Customer: replied 5 months ago.
Ok great, and what about this question...
The Venue quoted us prices prior to us signing the contract. So for example, in the contract it states, you will be charged 60% of last given costing if cancelled. If the costing was say Oct 2015 and we booked March 2016, can they use Oct costing to claim money back?
Expert:  Ash replied 5 months ago.

They can try but again you could argue the term is unfair.

Does that clarify? Alex

Customer: replied 4 months ago.
Hi Alex, so at present I haven't sent a complaint letter due to the fact that I haven't received anything from their solicitor after them threatening legal action. However as of today the company is dissolved and seems to have gone into compulsory strike off in April this year. I'm not sure if they will or can take legal action against me.... also the contract only has the name of the company without Ltd on the end, does this make a difference? The contract talks about the company and directors but the contract has no company number. Can a dissolved company take legal action still?Also it seems that my deposit was paid into a personal account not the company account when we booked - where does that leave us?
Expert:  Ash replied 4 months ago.

I'd be happy to continue if you could rate my answer otherwise the site doesn't pay me, thanks.

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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