Photographer not giving us newborn pics?

[Summerfriday]

My daughter is now nearly 5 months old,
When i was pregnant i saw someone on FB recommend a photographer for a maternity shoot - i enquired, no problems at all getting my images back.

When we had the baby the photographer reached out to me and asked if we'd like to have a newborn shoot and we took on the offer as we were happy with the maternity images.

Not long after the shoot she got pregnant and i could see that she was in and out of hospital so didn't want to bother her but then a few more months down the line she was advertising photoshoots and posting photos she's recently taken so i asked her if i could have mine.

6 times now shes said shell get them back to me on certain date and there's always a excuse

1. her files had a virus so they wasn't sending.
2. her child was poorly (fair enough)
3. located the images but needed time to edit them 4)social media had been hacked 5&6) send the images but they were someone elses baby!!!

I've messaged her how unprofessional she's being as shes got a baby on the way and how would she feel in our position. Precious memories we can't get back and then she agrees and then swears she'll send them over then.... we never get them.

My partner said to leave it now and its obvious she's lost them but i cant let it go until i know for sure.

Where do i stand with this? Probably no Where as i didnt sign anything second time around but i wondered if you helpful people could give me some advice please

You can’t generally blow up and print photos off your phone. I didn’t bother with a pro shoot for my first, but then realised the above and so would’ve absolutely loved one for my second - but then covid struck. Those precious moments of the first couple of weeks are such a blur and lost forever really if you don’t capture them properly. I actually can’t believe some people are being so dismissive here and can only assume it’s down to sneery snobbery (babies in buckets, canvas, etc !).

OP I would be gutted, all the more-so that the woman has strung you along all this time, which is really shitty because if she’s lost them she’s obviously not going to get them back just by prolonging your misery. I wouldn’t let this lie if it were me, refund, reviews, reporting - the lot!

@BrownEyedGal1512 I think you meant to start your own thread.

ts been so draining chasing her for months now I've decided to just come to terms with her possibly losing my images. We have loads of our own photos but wanted professional ones for a canvas but never mind. Thanks again

Yes, I can imagine it's draining. But get a refund at least. Don't let her get away with taking your money and not producing the photos. It's disgraceful.

[quote Summerfriday]@lexcake thank you but she does know which baby is mine as she posted a preview photo of my baby on her page after the shoot was done (one with her watermark all over it for copyright so its no good for me to use) which she also tagged me in [/quote]
@Summerfriday you really should write on that post “as you have used this image to promote your business do you think you could send us, the people who paid you for them, the images. Perhaps you could use this image as a reference of what baby looks like as you keep sending us ones of other peoples children or saying you have lost them”

I’m sorry she’s lost your images, the least you can do to make yourself better is make others know what an absolutely terrible mess and liberty taker she is.

Not sure if you're still here OP, but why not say you're coming round with a USB & she can load the photos on, edited or not, right now as you've had enough. It'll combat the 'virus sending' issue. Or open a Dropbox account (or similar) so she can upload. Give her options that will force her hand. If she won't, say you'll accept you're never getting your photos, how disappointing & unprofessional she's been & you will be leaving a poor public review on FB & Google about her as it's not good enough. I've no idea why people just 'leave it'.

She’s lost them.

Tell her if the files really can’t send, then to print out the images and post them to you. She’s a photographer, she must have a photo printer at home. Tell her you don’t want them edited.

I wouldn’t let it go personally I’d at least get a refund.

I wonder if she'd let you go to hers and look through the newborn baby shoot images she has, in case she has just forgotten which are yours & doesn't want to admit it. I imagine it would be better for you to get them eventually, even if this what it would take, rather than give up on them because she herself can't find the right ones.

[quote Summerfriday]@lexcake thank you but she does know which baby is mine as she posted a preview photo of my baby on her page after the shoot was done (one with her watermark all over it for copyright so its no good for me to use) which she also tagged me in [/quote]
Ah sorry re:my last post, just saw this post of yours OP.

@Tal45

I think you need a deadline. Hi x, I've been waiting a very long time for my baby pics now, if I don't receive them by x date then I would like a full refund please. Thanks x.

And add that you won't be recommending her to all the parents you know if she doesn't come up with the goods! Also, have a look on her website to see if anyone else has had problems?!

Send her a day subject access request for your personal data and your child’s personal data and seek advice from the I formations commissioners office if and when she doesn’t comply. Do the small claims stuff as well and ask her if she has notified her insurance that you will be making a claim.

I would say refund or the correct photos within the next 24 hours or you will go down the legal route.

@RedHelenB

I would say refund or the correct photos within the next 24 hours or you will go down the legal route.

Agree. At the moment you're almost making this too easy for her. You send a message asking for the photos, she fobs you off with some excuse and waits for the next time, it has no real implications for her. If you make it about the money then all of a sudden it has a material effect on her business. And if/when you get the refund, I'd be leaving a bad review, as other customers deserve to know about your experience too.

She sounds like a nightmare! Have you asked her outright if she lost the pictures? I’d do that to start with and ask whether she has lost them entirely or she just hasn’t edited them or they came out poorly. Tell her you need a straight response or you’ll be leaving a negative review detailing it all in a couple of days. And ask for a refund. I’m afraid she sounds really unprofessional - the fact you had to supply your own outfits and backgrounds rings alarms as they usually have their own, especially if it’s a standard rainbow baby set up. When you next message her, leave out the precious memories stuff and anything emotive and be really clear but understanding. She doesn’t deserve it but she’s more likely to tell you the truth then.

I know you said you don't care about a refund but I would message her and demand one. If there is any possible way of her relocating those photos, you demanding a refund will be the kick up the arse she needs to find them.

Do you have her address? I'd be tempted to go get them (bring a usb stick).

@Idony

Get a refund.

But no need to bang on about 'precious memories'. Your memories are in your head, or in your own photos, in your anecdotes and recollections. You don't need some Facebook scatterbrain to sell you 'precious memories'.

Yeah, this.

I’m a fully trained professional newborn photographer.

Totally unacceptable timeframe. Is she part of any professional bodies? Was she actually experienced or was she new to newborns? It’s easy for someone to buy all the kit and have no real idea. If so she might have messed up the photos somehow (badly lit, out of focus, messy background) and not know how to fix them. If so she should outsource at her cost to fix (you wouldn’t believe what can be saved). Otherwise I’d suspect she didn’t have a robust system and has lost the files, in which case I’d expect a full refund.

Hi OP I think your distress at the loss of these photos is getting caught up with your grief about the death of your baby. Of course it's really sad and upsetting to lose photos of your newborn, but if your reaction to the loss of the photos is becoming disproportionate (and only you can judge this, not people here) then you need to try to deal with this. If you feel sad about the photos every day and spend time thinking about them this is really not helping you. The photographer is being really unhelpful. If she's lost them then she needs to be honest with you so you can decide what to do. I suggest you offer her a time limit to either find the photos or declare them lost, this will ensure she focusses rather than bury her head in the sand. If they're lost you and DH need to decide what you want - refund at very least, additional financial recompense, give her bad reviews, a complementary shoot. Try and imagine how you'll feel in future if you decide to punish her business. I think it's really important to get some professional photos now. As time goes on I'll will matter less and less to you whether they were taken at 5 weeks or 5 months. Wishing you the very best.

I’d give up on the photos as others have said but I’d definitely be chasing a refund

She has lost them / they have become corrupted and she can’t afford to give you a refund.

She is probably a small work from home Facebook business? It will be about the refund. Maybe give her 2 months and say if refund not received you will start small claims.

This reminds me of the long-running thread about a wedding photographer who had let multiple couples down by never supplying the photos.

Wonder if it's the same person set up under a new name/speciality!

I did. I am so sorry 😞

Sounds to me like an idea case for small Claims.