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katieJ2b
Beginner October 2016

Photographer going bust and insurance claims?

katieJ2b, 9 July, 2016 at 01:18 Posted on Planning 0 21

Hi everyone,

some of you may remember my post of a few weeks back where I had a change of heart about my photographer for various reasons. Anyway, she responded to my emails and agreed to a full refund as per her terms and conditions (great). She mentioned that her refund policy was 28 days (not mentioned in the terms and conditions but okay). She said that we would probably have our refund before the28 days was up but she would let me know. All straight forward so far....

Earlier this week I dropped her a quick email to enquire when we might receive our refund (our 28 days is up next Tuesday, so aware she still had time). She then responded to say that she is having difficulty at the moment as lots of couples are cancelling and asking for their money back and she can't afford to pay everyone at the same time. She had apparently seeked legal advice and looking into liquidation, which obviously is awful for her and I hope it doesn't come to that for her.

So anyway, my question is....what is my next move? What should I do next and when? She has agreed to a refund via email (twice) and even gave us a time limit. We really do need this money back as we need the cash to pay our replacement photographer!

If she has gone into liquidation then I guess that calls for a chat to our insurance company, but just wondering whether anyone has had to claim and who easy and quick has it been? We are with Debenhams on their Emerald level, I have checked and we would be covered for suppliers going out of business. Would obviously just rather not to have to deal with that as well!!

Laying awake at this time thinking about it doesn't help ??x

21 replies

Latest activity by MartinC Photography, 16 July, 2016 at 13:31
  • Jayne E
    VIP
    Jayne E ·
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    No knowledge to give advise on this one love but sending you a hug and hope it's sorted soon so you can sleep. Hope someone can help. X

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  • kizzi10000
    Beginner August 2016
    kizzi10000 ·
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    Sorry can't really help, but just wanted to commiserate and hope you manage to get it all sorted as easily as possible. Sounds a nightmare ☹️

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  • Paula @ Ollievision
    Paula @ Ollievision ·
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    Sorry to hear this. The first thing to do is check whether she is a company or a sole trader. If you like, you can send me her details and I'll have a look.

    I find that a lot of sole traders decide to cease trading by telling clients they have gone bust. It can be confusing for clients.

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  • T
    Beginner
    Teal ·
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    I can't really give advice specifically. I'd give debenhams a call and see what info they require to start processing a claim IF its needed. That way, if you are in communication with the photographer again, you can ask her to send you the ..... form/info/paperwork etc that you might need.

    Citizens advice bureau?

    Hopefully you get your refund next week & its sorted. Sending hugs as I'm sure you dont need the added stress.

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  • Peter
    Peter ·
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    I would alert your insurers.....

    Do you have a contract??

    Peter

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  • katieJ2b
    Beginner October 2016
    katieJ2b ·
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    Hi Paula, thanks for your message. I've looked her up on companies house but cannot find her on there, would that mean that she is a sole trader? Will send you her details in a private message if you could find out another way?

    Thank you!! Smiley smile

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  • katieJ2b
    Beginner October 2016
    katieJ2b ·
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    We do have a contract yes. It says in her terms that she will provide a full refund if we cancelled X many days before the wedding, which we did. In two of her emails she has agreed to refund the money, she just can't tell us when that will be yet.

    Will get onto the insurance people first thing on Monday and find out what they need from us to start a claim. At least I can be prepared then. Thank you Peter and Teal ??

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  • Peter
    Peter ·
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    Glad to be able to advise...(been doing it for years on this forum)

    Sadly, there are some people who use wedding photography as an easy way to make money without any of the skills needed to deliver...when the going gets tough and they get found out, they disappear, leaving the long term pro community with a poor reputation......

    As said, do not mess around. She has YOUR money...use whatever it takes to get it back....

    btw, she never ever was a true professional photographer.....one of those would never leave you in the proverbial lurch....

    Peter

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  • Wedding Photography By Bill Haddon
    Wedding Photography By Bill Haddon ·
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    Exactly what Peter said. And shooters offering special offers with the stipulation that to get the special price you need to pay in full should be avoided as there are always good (bad ) reasons they need the money now. Never pay in full in return for a "good deal".

    Also a sole trader she cannot go into liquidation as she does not have a company to liquidate and as such still owes you the money, otherwise she would have to go down a bankruptcy/ insolvency route.

    How did you pay - cash - cheque - transfer or credit card- if credit card then you may get your money back that way.

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  • katieJ2b
    Beginner October 2016
    katieJ2b ·
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    Bank transfer. Am I right in thinking that if she isn't on Conpanies House then she is just a sole trader? Unless her company is registered in a different name to what is obviously on her website and paperwork?

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  • Wedding Photography By Bill Haddon
    Wedding Photography By Bill Haddon ·
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    Yep - sounds like sole trader.

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  • katieJ2b
    Beginner October 2016
    katieJ2b ·
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    Thank you Bill. I have dropped you an email Smiley smile

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  • Paula @ Ollievision
    Paula @ Ollievision ·
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    I haven't had a message from you yet. If she is a sole trader then it's misleading of her to say she's "gone into liquidation" though sole traders often use that as a smoke screen when they decide to stop trading. She is personally liable for her debt and you can sue her for the money. Check that you have info like her real address as you will need it.

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  • Peter
    Peter ·
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    Precisely....

    Peter

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  • katieJ2b
    Beginner October 2016
    katieJ2b ·
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    Hi everyone,

    We have our money back!!!! Thank you so much everyone!! Smiley smile

    After a quick email explaining that we would be taking this to the small claims court if we didn't receive our money in the next few days, she responded to say we would have our refund by Thursday (today) after another chaser email from my OH we finally have our full refund safely back into our bank account!!

    One less thing for me to worry about....now onto my next problem! Ha ha x

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  • Jayne E
    VIP
    Jayne E ·
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    Great news katiej2b

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  • Wedding Photography By Bill Haddon
    Wedding Photography By Bill Haddon ·
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    Good news

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  • Mrs_Conduct
    Expert June 2017
    Mrs_Conduct ·
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    Brilliant news! x

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  • Peter
    Peter ·
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    Glad its worked out...there is enough to worry about with weddings without any additional stress....

    Peter

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  • Peter
    Peter ·
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    Did you know that hitched stopped this bouncy green thing for a while??? It was reinstated after a campaign.....

    Peter

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  • Mrsjones2024
    Rockstar June 2024 Essex
    Mrsjones2024 ·
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    That's great news, well done! Good luck with your new photographer ? X

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  • MartinC Photography
    MartinC Photography ·
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    Glad there was a happy ending!

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