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Bit of a row over cacelling ds b'day party.............

(11 Posts)
northerner Wed 26-Jan-05 11:35:36

2 weeks ago I booked a local soft play area for ds's 3rd birthday in April. I sent off my booking form along with a 50% deposit which was £49.00. (this was based on 10 kids) After receiving my cheque the boss woman called to say that their terms and conditions had now changed and it was now a minimum of 12 kids. This meant paying an axtra £20. Beacuase I kid of felt it was already expensive enough, I didn't really want it to cost anymore. So to buy me some time whilst I discussed it with dh,I told her to destroy the cheque, and said that I would send her a new one for the correct amount based on 12 kids attending. My thinking behind this was that I could always call her and cancel and I wouldn't have paid any money.

Anyway, 2 days later she called to say that she had inadvertantly banked my cheque and that she would simply collect the balance on the day. As I had decided to hold his party somewhere cheaper, I told her a white lie and said our plans had now changed and we would be now out of the country for ds's birthday so could she organise a refund.

She said no - they don't do refunds and got a bit snotty. She said my options were to lose the money or hold his party on another day. This made me cross so I stopped the cheque at my bank and sent her an email telling her so. She has replied to my email in a very snotty way, saying she won't be paying the bank charges (not that I expected her to, am happy to pay charges myself)and making it quite clear that I am in the wrong for not honouring my booking.

She makes me mad I want to send her a snotty mail back. Don't appreciate being strong armed into having ds's party on a date not convenient to us.

What should I do, and am I in the wrong here?

TIA

morningpaper Wed 26-Jan-05 11:38:36

Usually a deposit is non-refundable, so I would think you probably ARE in the wrong (unless the booking form specified otherwise).

nutcracker Wed 26-Jan-05 11:40:31

If she changed the rules after you booked the party then i think you should have been given the option to cancel.

WigWamBam Wed 26-Jan-05 11:40:41

As she changed the terms and conditions after you made your payment, I would have thought that you were entitled not to accept the new terms and cancel the booking on those grounds.

Gobbledigook Wed 26-Jan-05 11:40:51

I don't think you are in the wrong because you made your booking and paid your deposit based on the terms and conditions at the time. IMO, if those terms and conditions changed and were going to cost you more money, you had every right to cancel.

I don't know if this is right in law or anything, but to me it's what is logical and I'm with you on your reaction!! Don't like being walked all over myself!

Gobbledigook Wed 26-Jan-05 11:41:26

Posts crossed!

There you go!

Levanna Wed 26-Jan-05 11:51:10

I would think the same. Doesn't the term 'terms and conditions' relate to the terms and conditions of contract, agreed and secured by you paying a deposit?
Do they have a head office? I would expect them to pay any charges as they are at fault in the first place, then again for cashing your cheque. I would have thought that by saying "inadvertantly" she admitted she knew she shouldn't have cashed it. [mad]
......IMO

Levanna Wed 26-Jan-05 11:51:59

ok, not mad, !

Gobbledigook Wed 26-Jan-05 11:52:29

Yeah, that's true too - she cashed the cheque when you told her not to so that's her fault not yours!! Get on to HQ girl!!

redsky Wed 26-Jan-05 11:57:22

I agree she is in the wrong - she changed the conditions after you paid and she banked the cheque when she shouldn't have. Good luck!

woodpops Wed 26-Jan-05 12:07:18

£10 per child. That's an expensive soft play party. I agree she's in the wrong she's the one that has changed the terms and conditions after you've booked. If you really feeling like stirring it up for her give Trading Standards a bell and see what they say!!!

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