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Beginner October 2014

Unresponsive and problems with photographer

Autumn colours , 1 of June of 2014 at 11:05 Posted on Planning 0 11

Hi

I'm looking for some advice as the photographer we initially booked is not responding to my phone calls or emails.

We met this photographer at the Bluewater wedding exhibition earlier this year. We initially liked him and arranged to meet with him for a consultation. He was happy to come out to visit us in west London, he is based in Kent, to discuss what services he could provide. He did photography and videography which was good for us as we were looking for both and at the time it made sense for it be covered by the same company. We talked though the packages and thought that we liked him, in the heat of the moment and feeling quite excited that we were moving along with the plans we agreed to book him and paid a large deposit for both the photography and video, we did not sign the contract however. Later that day I realised that we had not seen the terms and conditions and was not entirely convinced that I was happy with the work, he says he uses a number of wedding photographers and videographers to cover the weddings and that they work with Brit Asia quite a lot but I was not happy with the quality of photos.

I contacted him the following day asking him for clarification on matters, he said he would be able to get back to me a few days later as he was covering a wedding. I rang him on the Monday, i was still waiting for him to respond, to discuss the concerns I had, as we were yet to see any video footage and asked for the terms and conditions on the contract. He was quite surprised that I had asked for the terms and conditions and said that people don't usually ask for these and that they are not usually sent out. I enquired about the cancellation policy, he said he would be flexible but it sounded like he don't know what his own policy was, he said it would be difficult to cancel if it was a month or so before the wedding date, but would be able to work something out if there was more time, I then said what if I told him the following day that I wanted to cancel, he was taken back and said he would talk to me tomorrow and hung up. I grew increasingly concerned and emailed him the following morning to put the cancellation in writing and seeing as we were still in the cooling off period requested, for a full refund of the monies paid 7 days before. I contacted the Guild of Photographers, as according to his paperwork he is a master craftsman, and found out that he not a current member at all. I have phoned and emailed the photographer numerous times and written to him expressing my concerns and that he has acted unlawfully and he has not responded, I contacted citizens advice and followed their advice of writing again, to which I still had no response. The only option I see at the moment is getting a lawyer involved. The concern I have with this is that we would need to pay for this and could potentially be putting additional funds into resolving this when we have a wedding to plan and property to buy.

Over the two months this has taken place it has been been very frustrating to try and resolve, I find it very unprofessional of him to not contact us at all even to acknowledge the cancellation and that he has misrepresented himself as an elite member of an association.

I would appreciate of any advice you can give in how we can take this forward. I feel we have been treated very unfairly.

Many thanks

11 replies

Latest activity by Peter, 1 of June of 2014 at 23:55
  • H
    Beginner July 2016
    HeavyMetalMaiden ·
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    Hi, sorry to hear you are having trouble but I dont think I will be much help. Do you have wedding insurance? That should cover your deposit. Perhaps you could ask the Guild for any advice on how to take this further (or BBC rogue traders lol), they should be able to point you in the right direction. As far as I am aware you are entitled to you money back as you cancelled during the compulsory cooling off period, and the e-mails can be used as evidence of your request and the fact he didnt communicate with you very well. You should have got a contract, or at least a reciept as proof of deposit, do you have that? Did you pay from your account? If so that will be hard evidence right there. If you paid cash and got no recipt or contract then that may be quite tricky to resolve, unless of course any e-mails from him establish you did pay him.

    Sorry that this has gone awry, and I wish you the best with getting your money back!!

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  • Chris Giles Photography
    Chris Giles Photography ·
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    Who was it?

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  • Suzie88
    Beginner August 2014
    Suzie88 ·
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    I don't have any advice, but this is a nightmare situation!

    I guess small claims court could be involved, but (from memory of my one module of business law in my degree many moons ago) that is only for matters under £1000, so it depends on how much you put down as a deposit. This would also mean you would not need a lawyer as you present the information yourself, and, if the other party doesn't bother to attend the hearing, you can still get the court decision (I think there is something about having the notice to attend presented in the same way that divorce papers and things are). However, it should be noted that even with a court order, some people still don't actually pay the money that they are ordered to return.

    Good luck with getting your money back: misrepresentation is a parasite to legitimate businesses everywhere!

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  • pammy67
    Beginner April 2015
    pammy67 ·
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    Go to trading standards. If he has misrepresented his business they'll be interested. X

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  • mariannechuaphotography
    mariannechuaphotography ·
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    Sounds odd- also tell the bluewater fair, I don't think these major fairs should be allowing exhibitors with questionable customer service. I've heard of this before- a photographer with dodgy business practices going to national wedding fair, you'd always assume they were legit because the fair is totally legit.

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  • Rob Pack Photography
    Rob Pack Photography ·
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    Firstly, very sorry to hear about your situation - not nice at all. Just a few thoughts from me;

    - When you paid the deposit did you get a receipt (just so there is no dispute over monies already paid)

    - Do you have an address for them (as opposed to just an email or telephone number)

    - I would do a quick google search to see if this has happened to anyone else and generally what the score is (you've probably already done this)

    - if you have an address I would write them a letter setting out exactly what you understood the position to be, your grievance at the lack of action and what you want to happen to resolve it. I would enclose a copy of the receipt if you have it. The point of this would be to get a record of your position across and be seen in any later litigation to have taken reasonable steps to sort it.

    - In any event I would contact trading standards, they may be able to take on some of the chasing and running around, especially if he has done this to other people.

    - Some solicitors offer a free consultation on the understanding that there may be some money for them in the long run if the court awards costs. Of course if your guy has gone out of business, is untraceable or has no money then most solicitors would expect you to stump up the cash up front.

    - Depending on the set up he may have been registered with Companies House and have an address available from there.

    Bottom line is, it can be major aggro that you obviously don't need in the run up to your wedding. I really do hope you manage to get it all sorted.

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  • Peter
    Peter ·
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    ^^^^this^^^^^^^^^^^

    Happy to check out the business if you want to message me the details. I would do this for the "right reasons" and have no axe to grind with any other suppliers.....

    Peter

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  • A
    Beginner October 2014
    Autumn colours ·
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    Hi all

    thank you for your responses, the deposit was paid via a bank transfer so there is evidence that he was paid. I have sent him a couple of letters detailing the grievance he has caused and explaining my rights under relevant legislation. I do have an address for him and it is a residential address according to google, the letters were sent via recorded delivery which were signed for, I have the proof from the Royal Mail tracking system and he has signed for one of them personally so he cannot claim that he didn't receive anything. I will be contacting the Bluewater event organisers, have tried trading standards but their point of contact is citizens advice who have advised that the next step is the small claims route. My concern is if I go down this route and he still doesn't respond I will need to keep pushing it to the next level which means more injection of money. Shockingly citizens advice could not give me a contact number or email for trading standards ... I think the set up of the agency may have changed.

    I have to say the Guild was very helpful, but their influence can only go so far as he was not actually a member.

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  • A
    Beginner October 2014
    Autumn colours ·
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    Someone based in Kent

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  • Peter
    Peter ·
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    I would edit out the company name as this "could" cause issues........

    can you email me your email address

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  • Paula @ Ollievision
    Paula @ Ollievision ·
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    Sorry this seems like a nightmare for you. The way forward is via Small Claims. However, even if you win it can be difficult to actually get the money back. It depends on various factors, eg if he's a sole trader and claims to have no money (or be in debt)

    I think you should write again giving him 7 days to refund, warning that you will go to small claims. Then do that! Small claims represents the risk of further losses & stress. The other potential way forward is to tell people about it and try to stop him scamming other brides.

    PS The Police may take an interest in this one as it could be counted as a confidence trick. He deliberately misrepresented his experience & qualifications to gain money from you.

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  • Peter
    Peter ·
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    Safer...Hitched can get in to legal issues......

    Please do email me. I will offer honest unbiased advice with no ulterior agenda...

    Peter

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