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AIBU?

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Original poster

Expect money back as not had a service

27 replies

Whymejustwhy · 17/04/2020 12:32

We went out our way to book with a local organisation for our wedding caterer and not a big catering company.

We paid him £1200 for our wedding in early March and we were due to get married 17/04/2020. However that is not going ahead and we contacted them as the lockdown came into effect to advise we would be cancelling and not rescheduling. He offered a £300 good will gesture payment back even though no contract and he had not taken any action to get anything to cater the wedding.

We have since spoken to Consumer Advice who have advised as no contract in place we should be getting 100% of our money back. We have advised him of this and he is now saying we have until tonight to accept the £300 or write off the money or give him a new date.

The caterer says that as we paid £1200 we accepted a contract, even though he never issued one. Apparently he doesn't have to show it for it to be valid according to him.

Despite trying to speak to him, he will not discuss and has now blocked our number and just wants to take our money.

We appreciate everyone is facing tough times but treating a consumer like this when you are trying to run a business is really not in the spirit of it all.

Any advice welcome.

OP posts:
DontStandSoCloseToMe · 17/04/2020 12:35

Small claims court, you can do it online, you'll have to wait a while though. He may be entitled to keep a percentage of he can show he had bought things to prepare before you cancelled.

WhatchaMaCalllit · 17/04/2020 12:37

I'm sorry but am I reading this right - you handed over £1200 and didn't get a contract to sign for that amount of money???
You must be extremely trusting or a bit dim to hand over that amount of money and to have nothing in writing for it.
I'd say you should wave that money bye bye and try again.

Chickychoccyegg · 17/04/2020 12:38

take him to small claims court, he's chancing his luck.
very doubtful he would have even paid out anything, so won't have any receipts to back up his claim on keeping it.
good luck

Original poster
Whymejustwhy · 17/04/2020 12:45

Yes we did it on an agreement, which given we had all other suppliers on a contract was very trusting of us.

He confirmed on a phone call mid march that he had not had any costs associated to the wedding.

I shall look into the small claims court and see where we can go with that.

The thing is, our other suppliers have been great and gone above and beyond in many cases.

OP posts:
Puzzledandpissedoff · 17/04/2020 12:47

Call me dense, but surely you must have had something in writing before handing over the money - an invoice, quote, or even just a few texts to prove what you'd paid for?

I'm no expert, but otherwise I'm not sure how you could take it to small claims or anywhere else

DDiva · 17/04/2020 13:17

Does he have any terms on a website, any quote or invoice.

Sounds like hes handling it badly. But small businesses dont have lots of money sitting in the bank and it's not a surprise he would expect customers to reschedule events after the lockdown.

FudgeBrownie2019 · 17/04/2020 13:20

There's no way anyone would hand over £1200 without a scrap of evidence/receipt/email/text/confirmation. Surely?

TheLette · 17/04/2020 13:20

You do have a contract, it's just not in writing. A contract doesn't have to be in writing, but it is advisable. I'd recommend going down the small claims route. Difficult for him to justify keeping the whole amount when no service is provided.

WhatchaMaCalllit · 18/04/2020 10:06

For that amount of money you're a fool if you don't have something, anything in writing to say that this caterer was going to provide you with X amount of Y dishes for Z cost.
There may have been a verbal contract but seriously they are notoriously difficult to prove, he said - she said kind of thing.
That's why I said that the OP is more likely going to have to chalk this one up and move on without seeing a single penny of her money back.

Whichoneofyoudidthat · 18/04/2020 10:11

i second small claims. It will take a while though. At an absolute minimum you have proof that you paid him money, so start there.

Hoppinggreen · 18/04/2020 10:12

Maybe get this moved to Legal?

whatsleep · 18/04/2020 10:14

Did you pay by credit card, if so contact your card company and they will sort it out for you

mum11970 · 18/04/2020 10:17

Did you take our wedding insurance?

Luaa · 18/04/2020 10:17

I would say if you're cancelling and not rescheduling then any written contract would probably have said you weren't entitled to all of your money back anyway. Of course he isn't being very helpful or professional, but you've cancelled him entirely, I don't think you should get all your money back. Presumably you've just changed your mind on using him or you'd be looking to reschedule?

mum11970 · 18/04/2020 10:18

Out, not our. I don’t sell any insurance, never mind wedding insurance.

chatterbugmegastar · 18/04/2020 10:20

but you've cancelled him entirely, I don't think you should get all your money back. Presumably you've just changed your mind on using him or you'd be looking to reschedule?

This

HandfulOfDust · 18/04/2020 10:22

Surely if you completely cancel you aren't entitled to a full refund? Most services I've paid for you lose at least a substantial deposit if you cancel and potentially a lot more money if you cancel short notice.

PleaseStopCrying · 18/04/2020 10:29

I don't understand why you think you are entitled to all the money back if you are cancelling his services. Surely that's not how it works even if there was no lockdown as you are cancelling the service and not allowing them to perform it on another date?

I'm also staggered you got nothing in writing.

onanothertrain · 18/04/2020 10:30

So basically you gave 3 weeks notice you were cancelling. Why would you expect all the money back?

AvocadosBeforeMortgages · 18/04/2020 10:43

Why are you cancelling and not rescheduling? Are you now not planning to get married at all?

Did you take out wedding insurance? You're a fool if you didn't...

Sirzy · 18/04/2020 10:47

I think as your not rescheduling it then to expect it all back is a bit unfair and unrealistic.

mummyh2016 · 18/04/2020 10:50

Shouldn't you just be rescheduling?

Sn0tnose · 18/04/2020 11:02

If you’re not rescheduling then I’m a bit confused about why you think you should be getting any of it back. It’s a deposit. If you cancel without rearranging, you lose the deposit. I thought that this was a standard thing.

Lockheart · 18/04/2020 11:05

Verbal contracts are binding under UK law. You don't need anything in writing or a piece of paper (although I would always get one!). The difficulty on both sides is proving what was said.

I would try to claim the money back from your wedding insurance as that's more likely to be the easier route.

filka · 18/04/2020 11:06

but you've cancelled him entirely, I don't think you should get all your money back.

A normal fair contact would have the cost of cancellation linked to the work done/costs incurred up to the point of cancellation and maybe consequential losses.

Don't forget that what the caterer has actually lost is only the profit he would have made, I would hope that wasn't £900 out of £1200.

But he's already admitted that there were no costs, and due to lockdown it's not as if he has lost the chance to work somewhere else on the chosen date.

So i think it's the other way around, OP should get most/all of the money back and may make a token gesture of £300 back to the caterer.

Small claims court, I think.