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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Could I get some advice on a breach of contract case please.

Customer Question

Hi could I get some advice on a breach of contract case please. It is regarding our wedding photographer. We paid him £750 for an all day photography and videography package to include a photo booth, video messages, an online website to view images, 3 canvasses, an album and a couples location shoot. We also paid him £100 extra towards accommodation. We have been left with awful photographs, an unusable video that has the main bits of the wedding missing, we had no photo booth, no video messages, no online gallery, no couples location shoot and also no canvasses or album. I tried to speak to the company who refuse to answer and questions so I took the case to the consumer ombudsman and they refused to cooperate with them too so I have been told to go to small claims court and claim damages etc on top but I have no idea how much to claim for
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
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Expert:  Alex J. replied 11 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. How much would it cost you to hire a photographer to do some couples shots and maybe other shots you could do without the wedding guests? If this is still possible? Has the photographer delivered anything of use? Kind regards AJ

Customer: replied 11 months ago.
We have been quoted £65 for a shoot and an album would be £140 by one photographer and £300 for a shot, album and prints by another. We have no access to the venue now to use as the backdrop (one major reason we chose the venue) plus I had an elderly aunt fly over from Australia for the wedding and specially requested photos of us all together and he got none. We have no video footage of myself, my dad and the bridesmaids walking down the aisle, no footage of the vows and only half of the first dance too so none of that can be redone. A lot of the guests travelled from other parts of the country to and we have no idea bless photos of them
Customer: replied 11 months ago.
Our contract started 800- 1500 fully edited photos and we got 900 although lots were photos of paintingsmy juice bottles, telephone etc. We have 50 shots that after being really editted would be passable but that will cost us another £200
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. Technically speaking the photographer is in breach of the Supply of Goods and Services Act 1982 - S.13 - they have failed to provide the service with reasonable care and skill. This is treated as a contractual breach and therefore you can claim anything that is a naturally occurring consequence of the breach - this would include new photographer and venue costs, plus perhaps a refund on the service price on the basis the photographer did not deliver. Unfortunately the cost of a guest coming from Australia may be a step too remote. The best way to prove this is with invoices and receipts paid for the loss. You may not get it but I would include a figure for the harm done to your day - technically this not a recoverable loss, but if they do not respond to the claim you might as well try and include in the claim.

Customer: replied 11 months ago.
He made us take photos on the grass dispite everyone saying no so my dress is ruined and we only hired my husbands suit. He didn't provide any of the services we paid for except a few rubbish photos and a video that captured nothing and he is heard swearing on it more than one as well as dropping the camera. We won't be able to redo the photos at the venue so even if we had a shoot it wouldn't be at the venue or in our wedding attire plus we would know it wasn't our wedding day. We wanted the emotion of the day to be captured in the photos and it won't be the same after the day. I'm really at a loss as to what to claim for
Customer: replied 11 months ago.
Also my auntie is too old to make the flight again and she fly over as it would be the last time she would be able to fly and see the family hence why we really wanted photos of her with myself and my children as a treasured memory. It has caused so much upset and he just won't cooperate. Also his legal terms state if we take him to court we would have to go to his local county which is 5 hours away from us. Is that legal or could we pursue him more local to us so we don't incur further costs by travelling, time off work and having to stay over?
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. You could try issuing the proceedings in your local court but he does have the right to have the proceedings transferred to his court. The alternative is you could pay a court clerk or solicitor just to attend the hearing on your behalf, this expense would be reclaimable if you were successful. In all likelihood I doubt this would end up in court, the photographer will probably try and agreement a settlement with you. Do you think he/she is solvent (i.e not on the verge of bankruptcy)?

Customer: replied 11 months ago.
I don't think he is bankrupt or anywhere close. He had been difficult in the lead up to the day and even tried to cancel the week before after I stated our package and he said it was too much work and wanted to take services off even though we had paid.. I believe he deliberately sabotaged our day as other examples of his work are really good and ours are appalling.
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. Have the samples is useful as you can use this to prove he has not provided the service with care and skill. What was the cost of the wedding overall - I would suggest may be including a figure by reference to a percentage of the wedding cost, say 10% of the day?

Customer: replied 11 months ago.
The wedding was £8000 in total could you please give me a breakdown of everything you think I should be claiming please
Expert:  Alex J. replied 11 months ago.

Hi, Thank you. I do not know exactly what you have spent so it would be a guess:

- The additional photography services;

- Editing services;

- Costs of a re shoot;

- Refund for the services not provided - i.e photo booth etc.

- I would then in addition as for say £800-£1000 for the damage and loss of enjoyment to your wedding.

- Suit hire?

- Wedding dress cleaning if needed for a reshoot?

Anything else you have reasonable spent money as a result of the photographers failing.

Kind regards
AJ