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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Hi Can i be taken to court for providing a service not

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Can i be taken to court for providing a service not as initially described if a full refund is given?
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I operate a mobile disco company in which i use contracts. In the contract i state i can use third party companies should i ever need to.

I contracted a third party company to cover a wedding disco this saturday. However the disco company did not provide me what they had promised to. This meant that the bride did not receive the wedding disco setup she had been sold by me.

I am quite happy to give a full refund, however giving the circumstances of it being such a special day i feel a full refund will not be enough.

Can i face legal action regarding this ?

Since this is a wedding and she was probably unable to find another person to fill your place, she does have a claim against you essentially in disappointment. Its only things like weddings and holidays that allow for that claim. Generally speaking you cannot claim compensation for disappointment in the UK.
That said, its not a huge amount. Its always a very difficult loss to quantify but courts tend to underestimate. The truth is that she probably won't claim at all as it won't be cost effective but if she does then any compensation will be very low.
In principle though, there is an additional claim.
Can I clarify anything for you?
Customer: replied 3 years ago.

Hi Jo

Does this come under a certain act / law ? Trading standards that i can refer to myself.

In your opinion would it be worth adding some extra on top of the full refund ? In principal it can never make up for the loss of the evening however would this look better in my favor if the bride did decide to take legal action.

No, its just a general principle of contract. Normally there is a claim for the sum of the loss and disappointment is not recognised save for things like weddings and holidays.
I wouldn't make an additional offer. Its very unlikely she will sue. Its not worth a lot to her and most people are sensible and don't go to court for no benefit. If she does then you may have to pay a small amount extra. It will only be a small claims court sum so costs are not onerous.
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