To want my money back

[Tadpolesandfroglets]

So last year I booked a catering van for a large party I was going to have to celebrate a milestone (100 odd people). It was a big deal for me as I don’t really have the money to do it but saved for a good while to hire venue and food etc. It became apparent that the party could not go ahead for obvious reasons so I emailed the company to request a refund of my deposit (nearly £200) saying politely that I may rebook once I’ve sorted out rebooking everything else but also wasn’t sure when this would happen as we are away next summer (hopefully). They didn’t reply to my email. Or the next one. I then contacted them on social media. I told them I was upset no one had got back to me and could they answer the emails I had sent? They were really quite rude and abrupt saying hadn’t I noticed there’s a pandemic on and that I needed to be patient and the office wasn’t staffed everyday (although they constantly update on FB and were still out working with a mobile van so think this is untrue). They told me only someone in the office on Mondays due to Covid so would have to wait for a reply. Immediately blocking me from making any response on messenger or their FB page. I felt a bit bad about it but had just wanted a reply to my original email and didn’t feel like I’d been impatient or out of order. I then waited until Monday and got a curt email at around 5pm asking me what I wanted to do and offering me 12 months to rebook and would I let them know. I wrote back explaining that I had let them know and I just wanted a refund, I explained my predicament once again, the venue I booked isn’t even open anymore to hold the party (it was happening in July) and too many people to safely go ahead. I explained I wasn’t sure I could rebook in 12 months as we might not even be here. I was polite but I did mention how rude I thought their Social media guy was and that he instantly blocked me and it made me reluctant to deal with them again too. That was four weeks ago. I rang early this week and was told that the boss would ring me back that day (Tuesday) He hasn’t. I then emailed giving my account details but nothing and it’s now Friday. AIBU I’m not getting my money back? should I just drop it? I realise everyone is struggling during this virus but I too have lost my job (freelance) and £200 is a lot of money. I can’t really afford to let it go but what can I do if they just don’t pay? I actually haven’t had anyone really speak to me in person about it and that seems a really rubbish way to run a business.

Could you rebook for a likely date in future (say BH Weekend in Aug), and then try and "sell" your deposit for a discount?

So you sell the £200 for £100. If buyer then decides to go ahead, they pay balance. If not, they have hedged their bets and got an "option" for half price.

Given you are looking at writing off £200, if you can get £100 back, maybe its worth it?

My frustration is that they won’t talk to me about any of this. They won’t answer emails, they don’t return calls, they have blocked messenger. Makes it very difficult to be reasonable with them. My understanding is that groups of 100 will still not be allowed to gather this summer so I can’t go ahead even if I wanted to.

@mumwon sympathies but you assume this is the only thing I’ve lost money on? Unfortunately two school trips and one holiday booking have all gone up the swanny, this is icing on the cake. I understand we are all in the same position but really not my fault I can’t go ahead with this. Yes, I could rebook but not sure if a) we will have same problem b) we will be in this country next year c) I can get the venue d) I want to use them, they seem very difficult and unbusiness-like and won’t even communicate with me. It’s just a phone all or an email...

Op is the agreement you pay full amount after the event?

If so - then say ok brill let’s go ahead with original plan.

When they realise that the party won’t be allowed to go ahead, they will cancel rather than risk catering for 100 and then you not paying.

Their customer service doesn't sound great but speaking as someone who works in customer service, I can say most companies have seen a huge spike in email volumes in the past couple of months. There are reasons why they may be on social media but not able to respond to all emails that quickly (different people doing the different roles, for one).

Giving you 12 months to re-book is quite generous though and if you don't want to take up that offer then in effect you are cancelling.

Alternatively

Plan for a much smaller event and adjust the booking
100 - no
15 family and friends? I’d have no problem attending that as most would be in my bubble presumably?

In your situation I’d want the deposit back. They are unable to provide the service and to reschedule isn’t agreeable to you.
Double check your payment method.
If not credit card you could threaten small claims court. You’ve nothing to lose.

but they are able to provide the service (catering van), that's the issue

I would write to them by registered post if I knew their address, but otherwise by email, saying that I was going to take it up with the small claims court and would let my friends and family know on social media, and let their customers know on their reviews, unless I got the money in my bank account within seven days.

I think they are a small business who don't have the money available to refund you. They've lost all their income and have probably used what's in the bank account to pay for costs throughout lockdown.

It's not fair on you, but this whole situation isn't fair for anyone and this is the reality at the moment.

@viccat its now 5 weeks and I've had one very short email, no phonecalls nothing....they are posting on facebook regularly and still going out and about with their van

@Juliet2014 your bubble sounds much bigger than mine! And how do I chose? The whole point of a big do was so that we didn't have to leave anyone out. I wouldn't want to use them now anyway, they were really rude and are not comunicating with me.

It was going to be in July
I reckon social bubbles will increase by then.

As for explaining to others why only 15 family and very close attending.... I think you have a pretty valid reason!!

@HollowTalk

Small claims for a couple of hundred?
You don’t have any knowledge of the small claims court do you?

Op can’t you just rebook for next year and book your holiday on a different week?

That's not really what I wanted - a party for 15, not quite the same thing. I appreciate your thoughts but we don't really know how many people will be able to mix at that point, it's just guessing. I'd rather not do anything at all, and I think I could cater for 15 myself! It would certainly cost less than my deposit.

@Bluntness100 my patner has a job opportunity which may involve us living abroad fro 3/4 months next year.

YABU. You are the one that’s cancelled so you don’t get the deposit back; that’s how deposits work.

The 12 month rebook offer was generous of them; they didn’t have to offer that.

A deposit is not refundable due to changes mind etc.

However. This is nothing that Op has done. So why should she rebook in 12 months? Who knows what they are doing in 12 months or even if we will be alive. Sadly.

I think the company should give a full refund.

If you are unable to get your deposit back and are going to be £200 out of pocket is it possible to use their services to a value of just £200 so you still get something to show for your money?

?? That's what a small claim is though? MCOL is easy to do, I've done it for amoutns as small as £250. It is an every day occurence, sadly!

www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/deciding-whether-to-make-a-small-claim/

How are they able to provide the service?

The venue is closed. They agreed to serve food in their van at a particular venue.

If they are intending to do that then good luck to them. Don't back down OP, they've had their self employed grant I imagine and continued to work throughout as they are a takeaway business.

Why should you give them £200 for a service they can't provide

I wo

I would post again but in 'Legal' instead of AIBU. You're more likely to receive proper advice rather than made-up bollocks.

If the company still insist you can't have your deposit back, ask them to give you £200 worth of food they would have provided, stick it in your freezer.

And yes, COVID is an allowable reason to ask for a refund.

Advice to businesses

www.taylorwessing.com/en/insights-and-events/insights/2020/05/radar-may-2020---do-you-need-to-offer-consumers-refunds-for-covid-19-related-cancellations

It The above rights to a refund will usually apply even if the consumer has paid what is described to them as a non-refundable deposit or advance payment. Businesses should not, in the CMA's view, charge an admin fee for processing refunds.

Just to note I am a small business - Sole Trader - and have followed the CMA advice about refunds, so I know how much it hurts to give back money that was already in my bank account!