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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47371
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I got married over two years ago and commissioned an agency

Customer Question

Hi
I got married over two years ago and commissioned an agency to film and edit my wedding video.
Till today I have no finished video. Getting in touch with the company is a nightmare. They do not give me any timescales of when I should get my finished DVD.
Is there anything I can do in regards ***** ***** my money back?
They way I see it is they have filmed the events but the finished product if nowhere to be seen, meaning 50% of the job is incomplete. Could I possible get 50% of all the money paid for this video?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

What reason have they provided for not having completed it as yet?

Customer: replied 10 months ago.
Our last payment was 2 weeks late. They keep saying they are back logged. I know of a few other customers who have had the same experience.
Expert:  Ben Jones replied 10 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

In the circumstances you should not only get all of your money back, but also get some extra compensation on top of that for disappointment. Weddings and holidays are one of a limited number of occasions where compensation for disappointment can be awarded because it is treated as a special occasion and the lack receiving the promised service could leave a sour taste and bad memories on what is supposed to be a special time. Also it is the full amount you should be pursuing them for because you paid for a wedding DVD, not for them to com and enjoy filming you on your day so the fact they have filmed you does not mean they can keep half of the money if they have then failed to provide you with the finished product.

You can consider taking legal action in the small claims court against them if you need to. That should be a last resort and there a few steps you should follow first but the option is there for you if needed and you have 6 years in which to do so, so there is no immediate rush.

This is your basic legal position. I have more detailed advice for you in terms of the specific steps you need to follow to take things further from here, 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 and other Law Specialists are ready to help you
Customer: replied 10 months ago.
It would be great to know the next steps before we have to take the road of legal action.Thank you.
Expert:  Ben Jones replied 10 months ago.

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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. 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 other side 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.