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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have hire a barn for a wedding in Nov for £6500. This

Resolved Question:

Hi there,I have hire a barn for a wedding in Nov for £6500. This includes accomm and ceremony room, this was not built when the venue was booked in 2016.
I have paid fully.
I have since visited the site again and have seen the ceremony room, it is very large and so we have decided not to use the barn only the room for the wedding. This has been agreed with hirer. they advised that this room was £1000 a day to hire. Costing at most £3000.
Because we are no longer hiring the barn only the ceremony room, are we able to persue a partial refund of sorts?
Thank you
Karen
Submitted: 29 days ago.
Category: Law
Expert:  Jamie-Law replied 29 days ago.

Hello Karen my name is ***** ***** I will help you with this.

Did you sign a contract? What does it say about cancellation?

Customer: replied 29 days ago.
Hi There,
Please see below:6. Cancellation of the eventIf written notice is given by the Hirer requesting cancellation of the event prior to the commencement of the Licence Period, the Hirer will pay the cancellation fee (as defined below) and the deposit.
If the licence fee has not been paid then the Hirer will pay the cancellation fee to the owner.
The cancellation fee is defined as those payments already made under Clause 2 above. Any payments made under clause 2 above are non-refundable.
The Hirer acknowledges and agrees that the cancellation fee represents a fair estimate of the loss and expense, which will be incurred by the Owner in the event of a cancellation of the event.
Expert:  Jamie-Law replied 29 days ago.

You need to write and set out your losses and request a partial refund within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 29 days ago.
I have not cancelled entirely, merely switched buildings, but obviously to the cheaper option. does the above advice still cover that? or just full cancellation?
Expert:  Jamie-Law replied 29 days ago.

No, its not cancellation. Its part cancellation or change of booking.

Does that clarify?

Customer: replied 29 days ago.
it does. Thank you.
Expert:  Jamie-Law replied 29 days ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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