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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73872
Experience:  Qualified Solicitor
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Yesterday we went to ‘The Blue Room’ Manchester for a photo

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Hi yesterday we went to ‘The Blue Room’ Manchester for a photo shoot with our 4 year old son. We paid £50 deposit upfront, which we were advised would be refundable. At the end we were subjected to some quite high pressure to sign up for a support package ..ranging fro £1500 to £3500. I was pushed into the starters package £500 (less our £50 deposit). I did not pay the £450, but agreed to pay £75/month (debit card details given) for the next 6 months. For this we would receive a usb containing the photos taken, but we would not receive this until all the monies had been paid. I would like to cancel this and also the contract which advises ‘Due to the bespoke nature of the service the customer understands that once they leave the premises they will not be entitled to cancel or reduce the order’
JA: What steps have you taken so far?
Customer: I have done nothing yet.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that’s everything.
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.

Are you able to upload a copy of the contract on here?

Customer: replied 12 days ago.
I will try to scan now ..there is the contract and the payment plan

OK thank you

Customer: replied 12 days ago.
File attached (GSQ75LS)

That's great. 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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. As you signed up for this at the trader’s premises, you have no legal right to a cooling off period anyway and that would have only been possible if they provided one in their terms and conditions. That does not appear to be the case so there is no cancellation right in these circumstances. Therefore, you can only cancel if they have failed to provide you with the services they promises, although you ay not know yet because these have not been fully provided to you.

The other option is to simply refuse to continue with the contract and not pay them. It is then up to them to decide if and how to take it further.

Whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.

There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.

Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’.

To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.

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 12 days ago.
Thank you for your response. What about the credit agreement, do I have a right to cancel that within 14 days? But am I right in assuming that would still leave the main contract still intact.

Yes you are correct – you should have 14 days to cancel the credit agreement but that only cancels that part and the other contract remains in place, meaning that you simply have to find another way to fund it.

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