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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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Good morningIn April 2014 we renewed our wedding vows in

Customer Question

Good morning
In April 2014 we renewed our wedding vows in a Scottish castle where we were married. We booked a photographer and paid for his services including a story book album.
We finally made our selection in April/May 2015 (delayed due to various family problems we had to deal with).
The photographer advised us that he would send the proofs online for our approval. We are still waiting for them, I have texted and phoned on numerous occasions with no success but on October 16th he told me we would have them by the end of the following week. He apologised for not being in touch because he had to take some time off but we would have them by the end of the following week.
I have been trying to contact him since then to no avail. I checked his Facebook page and he is advertising discounts for people booking his services during November so I know he is working and nothing terrible has happened to him.
I then sent another email saying that we would like to receive the proofs by 30th November and that we really didn't want to take further steps to achieve this. I also offered to re-send our selection if he was experiencing technical difficulties but sadly I have not received the proofs or a reply. What can we do next please?
Joy Wicks
Submitted: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Are you or the photographer based in Scotland?
Customer: replied 1 year ago.
The photographer is based in Scotland, we reside in England but married in Scotland.
Expert:  Ben Jones replied 1 year ago.
ok I will have to move this to Scots Law section as the law will be slightly different. Someone will take this up as soon as they are available, please do not reply in the meantime, thank you
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland and will help you with this.
You have a contract with the photographer, probably verbal. In any event I am assuming that there are no written terms and conditions that might allow the photographer not to provide you with the service you have asked for.
You seem to have made every effort to get the products you have asked for. My opinion is that you may have to step this up a level and provide the photographer with another date by which he must have given you the proofs with a view to getting the finished photos to you thereafter. However this time you must say that if you don't hear from him by return you will have to take legal advice with a view to raising proceedings for implement of the contract. You can ask a court to make him provide the products to you and if he refuses you can claim compensation. If doesn't of course make for a good working relationship but I think you have tried just about everything else to have this person cooperate with you.
The court action would be raised in the sheriff court nearest to where the photographer trades from. You would have to instruct a solicitor in Scotland or deal with the case yourself with reference to the forms and guidance at the Scottish courts website at www.scotcourts.gov.uk.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thank you I will send an email to him today.
Expert:  JGM replied 1 year ago.
Your welcome. Don't forget to leave la positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
I have emailed the photographer using the phrases in your advice, he has not replied or acknowledged my email by return and he has until the 15th December to provide the proofs or I will go ahead with proceedings.
Expert:  JGM replied 1 year ago.
Thank you for letting me know.
Customer: replied 1 year ago.
Good morning,
I have had no response from my photographer so I would like to go ahead with proceedings.
We renewed our wedding vows at just 10 years because we have 2 grandsons aged 6 & 8 at the time so that we could have photographs with them; therefore compensation is no use because I want the photographs. However, if he agrees to remove his name written across the photographs which I'm assuming is copyright and refund the money paid for the storybook album I will then be able to make my own storybook using something like Snapfish. We paid £975 in total for his Titanium package which included 7 hours coverage time, online gallery (which our photos have now disappeared from) and Deluxe storybook album, we also qualified for an additional storybook free of charge.
Please advise as to what the next step is please.
Thank you
Joy Wicks
Expert:  JGM replied 1 year ago.
The next step is to raise a small claim action for implement of the contract failing which damages. Your will have to download the forms from www.scotcourts.gov.uk, fill them in and take the action to court.