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Scoobs100

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  1. . I was just wondering if anyone has an idea of what would be considered a fair claim in respect of inconvenience caused on the day? I’m not sure how to put a price on this which involved several members of the bridal party spending their time on the wedding morning having to ring round trying to source a replacement MUA. Eventually three were sourced in order to complete on time which led to a chaotic morning due to restricted space at the venue and three MUAs having to work simultaneously with the hairdresser.
  2. This is common terminology that Makeup Artists use to describe the pre-wedding makeup session. It is considered the norm to book a trial to be carried out by the person actually doing the makeup on the wedding day. The MUA actually commented during our trial that she couldn't believe some brides actually risked not having a trial! This is why I feel that she misrepresented the trial. The date of the event which the MUA attended when she should have been at my wedding booking, was announced by the Celebrity in question prior to my even booking the trial. The MUA had worked with the Celebrity in the four days leading up to and including the day of this announcement. She also worked for the Celebrity the weekend after the announcement. Therefore it's reasonable to assume that the MUA allowed me to book the trial knowing she wouldn't be doing the wedding as she had taken another booking, despite me having paid her £150 deposit eight months earlier which she said would secure the date. She used the excuse of her mother's illness to cancel on the morning of the wedding which meant I had no opportunity for a trial with the new MUA. I had therefore paid £190 for a trial which was worthless. She had also promised to supply a list of the makeup she had used in the trial and a start time and did neither in the two weeks between the trial and the wedding.
  3. Thank you for your reply BankFodder. My initial enquiry even prior to paying the deposit was always for a trial as well as for makeup on the actual day of the wedding. I did arrange for the trial to coincide with one of my hen nights as the other bridesmaids who had paid deposits for makeup by this makeup artist on my Wedding Day wanted to check if they were happy with the style of makeup but couldn't afford to pay for a trial. I was actually reluctant for others attending the Hen to see the makeup before the wedding day but this was the only opportunity we had when together at the same time to attend this event, for the other bridesmaids to see the trial makeup. One lives in Australia and another in London, and I work varying shifts as a critical care nurse. This was not my main hen night which actually took place in Barcelona and I did my own make up for this. I have never used a professional makeup artist other than for the purpose of my wedding. The booking was only ever intended as a trial for the actual wedding day. The Make up Artist did argue that the makeup had been used on my hen night although I had not booked the makeup trial for this purpose. Also the Makeup Artist did specify a schedule of rates for the trial - Bride £65, Mother of the Bride and Bridesmaid £55, Fuel costs £15. Could this therefore be considered as a separate transaction from the wedding booking itself?
  4. The makeup artist was booked and a deposit paid to secure the date for my wedding day. The purpose of the wedding makeup trial is to test the actual makeup to be used on the wedding day in order to ensure that it is the most appropriate type, that it is applied in the most effective way and that it does not cause any allergic reaction. Makeup artists charge a premium rate for wedding make up trials, much higher than for normal makeup sessions. This Make up Artist carried out the wedding makeup trial despite having already decided to go to another booking on the wedding day itself. She actually commented during the trial that she couldn't believe some brides risked not having a trial because of the cost. She agreed to send a list of the make up she had used during the trial which she failed to do. She left the the cancellation until day of the wedding claiming her mother was rushed into hospital. I have photographs of her attending the other booking. The makeup trial which she carried out was therefore misrepresented and not fit for purpose. I did not get a trial of the makeup actually used on my wedding day despite having paid £190 for one whilst my mother suffered an allergic reaction to the makeup subsequently used on the day. This is the loss I was claiming for. The Makeup Artist received £190 for a job which she would never have been booked in for had I not thought she was legally bound to fulfil the contract which I assumed we had. I accept that it would have been better if a written contract had been in place but once the deposit was paid the makeup artist would still presumably have been in breach of contract if she decided to take another job. I agree with sgtbush with regard to the stress any court action would cause, but also worry that If I take no action and therefore no deterrent, this person will continue to walk over other unsuspecting brides who like myself book her in good faith when juggling with trying to organise everything else that a wedding entails. This person advertises as a professional makeup artist on official wedding websites and has 22,000 followers on Facebook although I have since been informed that followers can apparently be 'purchased'.
  5. I paid the £150 deposit by bank transfer in December 2016. I paid for the £190 wedding trial in cash in August 2017. (She had specifically requested cash only in Messenger for the Trial) .
  6. Sorry - I meant the initial deposit was paid via bank transfer and she confirmed receipt via messenger. With regard to the wedding trial payment her request for £190 in cash was made via messenger and therefore the amount was recorded. She has never disputed that she received this payment when replying to the various requests I have made to her for a refund.
  7. Thank you for your replies. I understand that my query specifically related to the wedding trial but I do have photographic evidence of her wearing a Saturday stage pass, working elsewhere on my wedding day albeit sourced from social media. She let me down at a very late stage in order to make the cover story of her mother's illness more plausible. I had paid her £150 to secure the date for my wedding eight months earlier which is evidenced via Messenger. She definitely knew that I had already incurred the cost of a wedding trial with her when she took the decision to attend another booking that day. Is she therefore in breach of contract? Do I have any other recourse as I wouldn't want this to happen to anyone else. If all she has to do is refund the deposit (which was also a struggle) then this is no deterrent. She is going to continue to let brides down on their wedding day if she gets a better offer, and also she gets the bonus of additional paid work for a trial for wedding makeup at premium prices because its a wedding , when she has no intention of attending the wedding booking itself.
  8. I booked a professional Make Up Artist (MUA) for my wedding in August 2017 paying a deposit of £150 in December 16 to secure the date for myself, my mother and five bridesmaids. No written contract was made but the above details were recorded and receipted via Facebook Messenger. At the end of July I arranged a make up trial for myself, my mother and one bridesmaid to take place two weeks before the wedding at a cost of £190. The trial took place and the MUA agreed to forward a list of the makeup used and a start time for the wedding day as she didn't have time to do this on the trial day. She did not get back in touch with me so I contacted her a few days before the wedding but no response was received. Further requests for a start time were made the day before the wedding but again no reply was received. On the morning of the wedding I woke to a message from the MUA which had been sent at 1 am. stating her mother had been rushed into hospital by ambulance, was unconscious and she couldn't leave her as it she didn't know what the outcome was going to be. She said she had been too busy to respond to my earlier messages due to work and hospital visits. (I have since discovered that her mother had been ill for several months prior to my wedding). Due to the late notification I experienced great difficulty and stress on my wedding morning trying to source another MUA to complete on time at such short notice which I did, but my mother had an allergic reaction to the makeup as she did not get the chance to have a trial. On checking social media the following day to see how the MUA's mother was, I discovered that her friend had posted items indicating that on the day of my wedding the original MUA was actually working for a Celebrity who is a regular client of hers, at a venue over 100 miles away and had also found the time and inclination to have her hair died peach! I forwarded these posts to the MUA and asked for a refund of the trial costs and my deposit. She denied attending the event on the Saturday of the wedding but admitted attending the Celebrity for the Sunday appearance only as her mother did not want her to miss out on the opportunity. (This was a 2 day event with the Saturday location being 100 miles away and the Sunday event being in a different location 200 miles away). She said she would only refund the deposit and would do this later that week but failed to do so. I replied informing her I had photographic evidence that she attended both events but she failed to respond to this. I then sent her a Letter before Action further detailing the evidence I had including different coloured passes on the different days and credits for her make up made on the Saturday by the Celebrity. She replied citing bank problems (for eight weeks?) prevented her paying the deposit and deaths in the family (not her mother) prevented her replying to my previous email. She also commented that any posts appearing on social media during this period had been posted by her 'assistant' on her behalf. She stated that she would not refund the trial costs as the makeup had been used at my hen that night. I replied stating that the only reason I had the trial on that day was so that the other bridesmaids who do not live locally would all be together for the event and could see her work. They were her other clients on the wedding day. I also stated that I only booked her for make up that day as we had a contract for my wedding day makeup. I would not otherwise have booked her for a Hen Party or any other makeup session. She failed to respond to the above but refunded the deposit two weeks later. I acknowledged receipt of the deposit but referred her to the Letter before Court Action and my claim for the refund of my wedding trial costs. She has not responded or forwarded any documents she intends to use in her defence as requested under the Pre Action Codes of Practice. I had also requested her to provide evidence of her banking problems. She worked for this Celebrity regularly during July 17 including the day in mid July when the Celebrity announced her appearance at the event taking place on the same day as my wedding. It is therefore reasonable to assume the MUA was already aware of this Celebrity booking prior to attending and charging me for a wedding trial. I am now completing a Particulars of Claim for Money Claim Online (Small Claims) for refund of the trial costs but my query is do I quote the Sales of Goods Act as the trial was unfit for purpose, 'Misrepresentation' as the Wedding Trial was not a trial when she wasn't attending my wedding and didn't provide a list of make up as promised, or 'Breach of contract' as she didn't attend the wedding, or all three? Any guidance would be greatly appreciated.
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