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.

Well if they refuse ask them to deliver £200 worth of food to the local neighbour hood

Throw a mini street party with free food!

@bubbleup I took it that the venue and food van are separate businesses. The venue has refunded as they are closed. The food van has not refunded as they can still offer the service.

id pursue with your bank theyve got no t and c's and i dont think gatherings 100 will be allowed anytime soon

@GreenTulips this is a lovely idea!

@CuriousaboutSamphire that is very interesting, thank you. Excuse my ignorance will that just cover services in the U.K?

The crux of the matter is they are still able to provide the service you no longer require (through no fault of your own) - enough food for around 100 people. Your venue, your guests, the weather on the day etc is not their concern. For this reason I don't think they are obligated to return your deposit.

However, that is awful customer service and I don't think I would want to use them after that. I would suck up the loss of the deposit but still keep on at them anyway if you're sure you're never going to use them in the future. They might just refund you to make you go away.

@Tadpolesandfroglets ”still going out and about with their van”

Rather than help your case, this may hinder your case! If they are out in their van it seems like they may still be providing a service?

My first thought was that they should refund your deposit, however, with your updates it doesn’t seem so straightforward. If they say that they can provide the service you booked, then it may be you in the wrong, as it is you who cannot keep up your side of the agreement (providing a location for them to operate from). Strictly speaking they possibly could demand more than the deposit from you, as there could be a clause saying that you may be liable for losses if you cancel too close to the date of the service they are willing to provide!

@Tootsie321I doubt that! They don't have an T&Cs anywhere! They can demand all they like.

That said given the struggles you've had with their customer service I would not be rebooking with them, even if I lost £200 over it. And I would write to them and say so.

Well this really. Even if all restrictions are lifted tomorrow, they've basically refused to engage with a customer so clearly can't be trusted. What on earth are their staff like at events? They've not exactly made a good impression.

I run a business alongside my career. I hire things out for weddings. I had a booking message me very early on saying she was worried about her July booking and that they might move it to October. I replied within hours -saying that's fine -if the date is free it's yours and if not a full refund and we have some contact of other people who lend out the same sort of stuff as us and can probably help. Great they replied -but we don't know if it is this date or this date- I checked them both and pencilled them in both as they were both free. Should she want to cancel or move again -same would apply. Anyone wanting a full cancellation has been given one -within 24 hours and full refund. Anyone wanting to move -likewise is moving if we are able we do -free of charge. Costs were due to go up in 2021 -for 2021 booking and our customers know this -however, no -we made a decision to charge all our 2020 customers the same regardless of when they move too as most might have to move to 2021. We've emailed all our 2020/ 2021 bookings to say if they are thinking of moving -if we can move them we will and if not -full refund. No one has asked to cancel yet but I would not dream of charging for a service I haven't yet given. Last year, someone screwed up and a family phoned up wanting the hire our stuff as a company had taken their money and then disappeared and then only agreed to do half of it. We did it -because we could. They wanted to know our charge -petrol and a drink we said -because they had been properly messed around and conned out of a large amount of money. This was with a matter of days to go. 4 bookings off their relatives alone -it's called customer service. It was a pleasure to have someone sobbing down the phone in a good way - it's called human kindess. Of course, they should give you your money back -and they should do it straight away. Yes I run a business and maybe it is fortunate -as we run it as a team, and the company is in profit and any bookings made -we ring fence the money and don't 'spend it' it sits there in one bank account until the job is done and then it moves accounts.

BluntAndToThePoint80

Has it. 👍🏻 The OP has cancelled, the Food Van company can still offer her the service. They haven’t cancelled.

OP, How about suggesting to the company that you split the difference. You get £100 refund and they keep £100. Legally they don’t have to but they might agree.

SummerDayWinterEvenings. That sounds like great customer service but As you mention you are very fortunate that you have the ability to survive the short-term loss of bookings. It’s quite possible that the food van business need the money more than the OP. 🤷🏻‍♀️

@AwwDontGo

SummerDayWinterEvenings. That sounds like great customer service but As you mention you are very fortunate that you have the ability to survive the short-term loss of bookings. It’s quite possible that the food van business need the money more than the OP. 🤷🏻‍♀️

I get that. But this company has not yet provided any service. So they don't have any losses yet from cancelling this booking. And there is NO absolutely no excuse for poor or rude communication

It's kind of the point of a deposit. If they cancel then yes it's returned - if you cancel they don't. It's harsh

Excuse my ignorance will that just cover services in the U.K? Yes, it is!

The OP has cancelled, the Food Van company can still offer her the service. They haven’t cancelled. Except that isn't the law! From that link:

A consumer cancels or is prevented from receiving any services because government public health measures mean they are not allowed to receive them....
...If a consumer cancels a contract for other reasons because they no longer want the service even though it can be provided as agreed, the consumer will be entitled to a refund in accordance with the applicable terms and conditions (provided these are fair).

OP cannot continue her booking as the venue is closed due to COVID and COVID has been agreed with the majority of insurers to be a valid reason to cancel, so many bsuinesses will be covered by that, as well as the government grants etc.

OP is entitled to ask for her money back and the company would have to have a bloody good, expensive admin notwithstanding, reason not to give it to her!

Email them with Greentulips idea, or a plan for a smaller party eg a picnic. If it's still a no go, threaten them with a tidal wave of negative publicity on social media. They obv care about socials a lot, eg say you will ask everyone who would have come to the big event to post a negative review on their Facebook and Trip Advisor. It's not even the refusal to refund the deposit that's so bad. If they had said, look our cash flow is a disaster we will try to refund it in September, you'd probably have had some sympathy.

You need to do what @Molocosh has suggested. If you cancel it's presumably in the T&C's (that you should request a copy of) that you lose your deposit, if they cancel you get it back. They may know that they cannot fulfil their service hence happy to postpone and are relying on anyone who cannot postpone just cancelling without challenging whether they can safely go ahead.
If they refused to back down I would have them come to the street and serve food. That's been happening where i live and we happily pay for our food. You have family/friends in your garden. That way the company have not got £200 for nothing.

Just fill in an online small claim at www.gov.uk and pay £25 and see what happens.

Sorry google “small claims court”

To all the people who say they may need the money more than you ..if a business made a profit you would not expect a share in it, equally if they make a loss they have to shoulder it themselves.

Just do a chargeback or go through small claims. Why would you just let £200 go, especially if the company is being unhelpful?

I would tell them you are intending to go through Small Claims court and it will cost them more money, so it is worth their while to pay up now.

I was under the impression small claims would cost me more than the deposit...

According to this it would cost you £25.

They've been rude but I dont think you are entitled to your deposit back. They are still offering the same service you booked. You just dont want it anymore. Can't you have it at a park or something? A big open space. Hire a field?