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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73500
Experience:  Qualified Solicitor
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I was supposed to gave my son birthday party last May and I

Customer Question

Hi
JA: Hi. How can I help?
Customer: I was supposed to gave my son birthday party last May and I payed £650 to the company to decorate the venue,but because of the COVID-19 I have to cancel with the decoration company, I try to get my money back but they said they don’t give refund I only can change the date.Then this year I’m trying to book with thy charges extra £500 for deposit only because I’m not giving the party at venue but I will do it at home Is legal wat they doing?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: March 2020
JA: What steps have you taken so far?
Customer: because I told them I don’t have £500 for deposit i ask them if they can at least do balloons arch and delivery the cake they said yes and I will loose the rest of money
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 15 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 15 days ago.

Are you able to upload a copy of the company's terms and conditions on here please?

Customer: replied 15 days ago.
Ok let me look
Expert:  Ben Jones replied 15 days ago.

OK thanks

Customer: replied 15 days ago.
Hi
Customer: replied 15 days ago.
Did you received it?
Expert:  Ben Jones replied 15 days ago.

No I do not seem to have received it yet

Expert:  Ben Jones replied 15 days ago.

There are a few ways to send a photo or file. Please click the upload icon on the reply box in your question.
- A pop-up window will open. Locate the file on your device, click it once, then click Open.
- A link representing your photo or file should now appear below the reply box on your question page. Insert text in the reply box and click the Send button to send your photo or file to me
- To send a photo or file, it must be 5MB or less. If your photo or file is larger than 5MB, please resize it or send it to customer support at***@******.*** (please note this is a central inbox and often it may take at least a couple of days to reach me)

Alternatively, please use a third party file sharing service, such as Dropbox, MediaFire, Google Drive, etc. and share the document links on here

Customer: replied 15 days ago.
File attached (37SMVSG)
Customer: replied 15 days ago.
File attached (63675T2)
Expert:  Ben Jones replied 15 days ago.

Thank you. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 14 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

It is unlikely they can just charge you an extra £500 for providing the same service a year later even if it is in your home, rather than a venue. They will only be justified in charging so much extra if there are material changes to the services, where they incur such extra costs, like a location in a much further distance, or extra set up costs which cost more.

If that is not the case and they are unfairly charging you the extras, then you can refuse to pay and ask them to either honour the original price, or pursue them for compensation to recover your money.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 14 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
Thank you Ben
Can you please just read her msg to me and let me know if she’s right?
Customer: replied 14 days ago.
File attached (Q63PGPT)
Expert:  Ben Jones replied 14 days ago.

oh i see so this is just a deposit, I thought you had to pay extra for the services, but as a deposit it means you ill get it back as long as there are no problems, like breakages, etc

Customer: replied 14 days ago.
Ooh okay
Thank you so much
Expert:  Ben Jones replied 14 days ago.
You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best