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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 11244
Experience:  Senior Associate Solicitor
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Mr daughter and her fiance booked a wedding venue and paid a

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Mr daughter and her fiance booked a wedding venue and paid a deposit of £3,000.00. A member of staff of the venue made a personal call to my daughter to alert her that the venue had also taken another booking the same day for a second wedding with 900 attendants. The caller said that areas of the venue that she was expecting to be available to her would be shared and guests of the second wedding would be using pathway past windows to our wedding ceremony and reception rooms to gain access to the areas that were now to be shared.At no time during the viewing did the venue suggest two events could be staged the same day and during the visit only one ceremony and reception room were present. It now appears the second wedding is being hosted in a marquee in the grounds of the venue.If the venue had declared there was a possibility of two events taking place and some areas would be shared - my daughter would not have booked the venue. It seems logical that the venue had a responsibility to disclose as this would undoubtedly been a fundamental consideration. Would you please advise how we should handle this and what our rights are for a refund of deposit and recovery of any other lost deposits for other contractors we had booked for that event.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

This is a classic case of the service not being "as described", so they are in breach of contract under the Consumer Rights Act 2015.

I would recommend that you send the venue a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (tel: 03454 040506) given breach of your consumer rights.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the deposit, the court issue fee of £105 (based on a £3,000 claim) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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Customer: replied 11 months ago.
Thank you for you prompt and efficient service!
Customer: replied 11 months ago.
Thank you for your help earlier, we will definitely do as you suggest. Would you mind just taking a look at the two attached documents to let us have your opinion on whether either document suggests the venue is shared. The contact appears to suggest the wedding may be a 'manor house' wedding or a 'marquee' wedding but does not suggest both could take place the same day on a shared grounds basis.https://drive.google.com/file/d/1eEfD8LroUSpFTvcUtKlSdInXpMh_QSs-/view?usp=sharinghttps://drive.google.com/file/d/1eEfD8LroUSpFTvcUtKlSdInXpMh_QSs-/view?usp=sharing

Hi, sorry for the delay - will take a look at those now

I can't see anything to suggest the venue would be "shared". They changed the agreement at a later date to say it would be so it follow that you can demand your money back (due to change of contractual terms and the venue not being "as described")