St Audries Park Somerset - Wedding Cancellation

[AndyOrch]

You may find the following topic of interest if not already read.

 

Andy

[AndyOrch]

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4th August 2021. 

- £1997 further deposit requested for date transfer, via bank transfer

 

Well first off you really shouldn't be using Bank Transfer for any type of payment....Debit card should suffice and offers protection.

Secondly why would you have to pay the above amount for simply changing the date ?

[AndyOrch]

Debit card payment can be made over the phone its the 21st Century....no need to be physically at the machine 

[AndyOrch]

So is the wedding not going ahead for the 4th Aug 2021 and you wish to cancel and get a refund ?

[AndyOrch]

And you have not actually requested a refund as yet...simply to postpone further and they have said no ?

 

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Due to Covid restrictions imposing limitations to our wedding and immediate family abroad unable to travel, we've asked our venue to again, postpone the date. They've advised the board of directors have decided no. 

 

[AndyOrch]

But surely we return to almost normal after 19th July or possibly 5t July when all restrictions will be lifted ? 

 

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Regardless of the type of venue, some restrictions for these events will remain in place to enable them to take place safely. This includes table service requirements, face coverings, social distancing, and restrictions on dancing and singing.

 

The organiser must complete a COVID-19 risk assessment for events taking place in all venues. For events in gardens of private homes or on private land this is only necessary if you plan on having more than 30 people, when you must use it to determine how many attendees will be able to attend and to identify other practical steps to ensure the event takes place safely. You must follow this risk assessment as well as any relevant guidance to make the event as safe as possible.

 

https://www.gov.uk/guidance/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do#weddings-and-civil-partnership-ceremonies-and-receptions

 

[AndyOrch]

Well they must either offer an alternative date or a refund subject to their T&Cs .......If that's not satisfactory then I can only suggest appropriate action be considered as advised in my first post. 

[AndyOrch]

https://www.gov.uk/government/publications/wedding-services-coronavirus-covid-19-cancellations-and-refunds/wedding-services-affected-by-covid-19-statement-of-the-cmas-position-on-cancellation-and-refunds

 

4 minutes ago, BStealth said:

EDIT: It also looks like the £1997.50 paid was not a non refundable deposit.

"You have paid a booking deposit of £500 which is non-transferable and non-refundable as well as a further deposit of £1,997.50."

 

Well I would suggest that that is an unfair Term and Condition and does not mean its legally binding. If you cancel the contract, the business is generally only entitled to keep or receive an amount sufficient to cover their actual losses that directly result from your cancellation.

[AndyOrch]

Why not scan redact and upload a copy of your contract and their T&Cs for further opinion and then you can decide what action you wish to take.

[AndyOrch]

Give it a go and see what response you get.

 

Im not sure about including the following.......

 

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 I ask that a proportion of my £500 booking deposit 

 

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 The refunded amount should be minus actual costs incurred and a breakdown of this made available.

 

 

Ask for in full initially.

[AndyOrch]

That's the next stage really because you have not actually requested a refund as yet therefore you need to ask that and let them confirm in writing either yes or no....if no then the above comes into action.

[AndyOrch]

Correct.......let them  confirm their position...change the word "   alignment  " to pursuant.

[AndyOrch]

With regards to your LBC... you should  reword " Of the refunded amount requested should there be any actual costs incurred a full breakdown of this made available for inspection"  

 

That is an action that they can deliberate / opt for...not something that you should invite.

 

Also in the intro you need to confirm your request of cancellation of the booking and their refusal with dates and in the conclusion of the LBC a statement should be added that should this procced to court they will be liable for costs and interest @8% pursuant to section 69  of the County Courts Act 1984. 

[AndyOrch]

They can only charge for what was agreed and requested within the the signed contract...but its irrelevant really because this is about getting a refund for monies already paid. However if they were to use a fabricated bloated quote to determine any costs incurred to determine what is or may be deductible from any possible refund then that's a matter for a court to determine and they would be put to strict proof to disclose those costs and instructions involved in the initial booking.

[AndyOrch]

 

Possibly change ....

 

From you I am claiming that in accordance with the CMA’s position of weddings

Therefore I wish to request in accordance with the CMA’s position of weddings

 

 

[AndyOrch]

Fine...although Im not happy with ......... " I ask that a proportion of my £500 booking deposit " 

 

That's inviting a deduction before they have even considered it...obviously there may be a deduction for costs incurred but in reality...what costs can they have possibly incurred for a booking in advance ?

[AndyOrch]

Loss of business is impossible to prove...its hearsay...and as you state and they state they are so busy and fully booked up they will have no problem in selling the slot.

[AndyOrch]

Yes you must sign the LOC...with regards to the cases you refer to....without knowing all the details of the judgment's its impossible to comment. You don't actually know that the claims were lost on that point alone...barrister or no barrister...you can lose a claim by simply  not following procedure correctly or failing to comply with a court direction....and of course you are always at the mercy of the judge lottery and his mood of the day.

 

See how they respond to the above and if unfavorable its vital that you follow through with the action on day 15.