to take her to court?

[chequeredinlove]

DH and I booked a wedding venue back before Covid existed. Our wedding was this summer.
The woman who owns the venue had broken a lot of contracts, refused refunds and been taken to court a lot (and she lost). She attempted to use guilt tripping methods with people.
We paid a deposit (2k) plus deposits for services at the venue (£2k). However, we felt put off the venue due to the woman’s behaviour and the press it attracted. Also a lot of development works she said they would do didnt take place (I assume because of Covid but May never have been planned). As a result, the condition was not as we wanted. We had already agreed we’d lose our deposits between ourselves and just go to a registry office to avoid the drama. (We needed to do this regardless as we’d planned to get married in a church near the venue but Covid meant we couldn’t meet parish requirements so the marriage would need to happen elsewhere. The venue isn’t a licenced wedding venue)

However, as it approached, the Covid gov rules hadn’t completely changed. As a result lots of laws would have completely changed the wedding.

In order for it to legally be allowed to go ahead, a risk assessment needed to be provided. I asked for this. She didn’t give me one but told me it’d be fine. I kept asking and was ignored.

We instead asked for a refund. However, she has sent abusive messages. I did agree to discuss postponing but she will only offer us a date with 1 week notice in the winter mid week (ours was summer Saturday). So we asked for a refund.
She just responded with guilt tripping lies (it’s easy to know the truth due to knowing her financial set up - her husband owns a large company and she is a sole trader not a ltd co) and swore at me.

We are now taking her to court for the deposit and claiming on our insurance for the rest. However, I do feel slightly guilty?

What do people think? Sorry if I’ve not explained this well. Also if anyone legally knows where I stand that would help. FWIW I’m in England, the venue isn’t.

Why on earth would you feel guilty? She has 4K of your money, has offered a shitty alternative to your original day and has been extremely rude in the process. Do all you can to get your money back and have your wedding elsewhere.

@Notaroadrunner I know, I just think her guilt tripping has worked a bit. She said she’s really ill and I’m ruining her life. I know she had to pay many people back for refusing a refund or postponement. I assume we are legally right but I still need to get legal advice.

I just want to know I’m doing the right thing. I think it’s because I probably would have allowed her to keep it if the Covid rules were gone as I’d become really anti the venue due to all the bad press it had received and the latest reviews.

Call citizen's advice.

But it sounds to me like you are entitled to a refund, regard unless of her personal situation

Who cares if she’s really ill? She was very rude to you. That shows that she’s manipulative and being malicious.

Guilt? Screw that. She's done a number on you. Get thee to court!

Report her to Trading Standards.

I would definitely get legal advice.
What does the contract say? You can only cancel and get your deposit back if the reason is allowed by the contract or if she has breached the contract.

Not liking her behaviour or press coverage are not usually contractually permitted reasons to cancel and get full refund.

Only if the works being completed were a written condition of the contract and they cannot be completed by the booking date could you cancel and get a full refund.

The risk assessment not being done would be a legal reason as all contracts it is implied they will follow all laws when providing the service. Not doing so would be a breach of contract on her part. However, while you have not received a copy, that doesn’t mean one was not done or will not be done before the date booked.

So I am not sure if you currently have a legal reason to cancel the contracted booking and get a full refund of the deposits?

4k????????? 4K!!!!!!!!!!!! yes do get some advice but don't be guilted

It's not really a matter of emotion, it's a business matter. Either you have a legal case against her, or you don't. You'll find that out in court.

Guilt? She has got your money - she should be guilty.

it’s easy to know the truth due to knowing her financial set up - her husband owns a large company and she is a sole trader not a ltd co

As she is a sole trader, she will be personally responsible for paying any business debts, to include your refund if you are legally entitled to one. This includes selling any of her assets, using her savings, selling her car, or selling/mortgaging any home she might have in order to pay.

Her husband’s company is irrelevant.

@PlanDeRaccordement no it is relevant. She would have simply liquidated her company if she had one. She can’t as a sole trader unless she goes bankrupt but husband is worth millions so she has just had to pay with interest and has done so in all cases so far. The relevance is her husbands assets of which there are lots!

Fill out the court papers online. Sent a "letter before action" with a copy of the unsigned papers.

If you paid with a card could you do a chargeback? much quicker than going to court.

Dig out your contract with her. Compile your correspondence with her.

Then go to a solicitor who will know what to do.

From now on get everything in writing. If she calls follow up with an email "following our chat this afternoon, I wanted to confirm that we believe we are owed a refund. We note on the call you said you would not give us that refund... etc"

Good luck! She sounds like a chancer.