Sister's Wedding Photographer Not Fulfilled Order

[***inca***]

I was wondering if someone could give me some advice please...

 

My sister got married last April, paid the photographer £300 to take photographs during and after the service.

 

The photgrapher kept in touch with my sister afterwards and sent a large album of proofs to her and her new husband. The phography is horrendous and I could have done a better job, but that's not what this post is about.

 

My sister and her husband chose which photos they wanted and sent off the order form detailing exactly what they wanted. I think they were allowed to pick 60 photos.

 

They heard nothing.

 

She rang and left several telephone messages.

 

They heard nothing.

 

Rang the woman's mobile, sent text messages, nothing.

 

I decided to take matters into my own hands and see what I could do to help. I logged onto their website, it was no longer there.

 

I had a dig about on Facebook and found a group there, I emailed several people in the group asking them if they had encountered any problems with this company.

 

I recevied emails back from a family friend who said that the photographer herself had been very ill, that he would get in touch with her husband for us. The husband told the friend to tell me that he was very sorry they hadn't been in touch, but that he would ring my sister.

 

My sister heard nothing, so I sent this letter...

 

 

Dear Ms XXXXX

Wedding Photography 26/04/08

Despite several attempts to contact you via telephone, email and even Facebook you have still not been in contact with us with regard to fulfilling the order that we placed with you for our wedding photographs.

We sent the order form to you detailing which wedding photographs we would like to have developed several weeks ago. When we heard nothing from you we then left several messages on your answering machine and then sent e-mails. Upon not hearing anything we decided to investigate further.

We have heard through Facebook that you have been unwell. We are very sorry to hear this. However; we do think that it is highly unprofessional of you to have not conveyed this information to us if it was going to interfere with our order being completed. If there was going to be a delay in us receiving our wedding photographs surely it would have been best to tell us and not to ignore e-mails and telephone messages that we left for you.

We are writing to you to request that you please complete the order, as detailed in the documentation that we have from you. Failing that, you return the £300.00 payment to us via cheque, made out to Mrs E Grogan.

If we fail to hear from you within the next 14 days we will have no choice but to seek further advice regarding this matter.

The 14 days is up tomorrow.

I have been on the net today and their website is back up and running!!!

My sister and her husband do not have a penny to to their name and have no idea what to do next, she's can't really afford a solicitor. Will CAB be of any use at all??

I hope someone can help.

Thanks in advance!

 

 

 

[buzby]

A CAB won;t be of much use either - they'll just write another letter. It's not clear from your post what the £300 was for, whether this was a deposit or part payment of photography services. She did attend the event, and certainly took photographs, so that part of the contract has been completed. It would seem all that is outstanding is 60 of the photographs - were the proofs marked in any way, or are they still in the couple's posession?

 

There is little you can do to force the photographer to comply, only she has the photos, and since this is what is required, legal action for financial compensation won;t bring them back. I think the letter struck the right tone, and hopefully this will bring results.

[***inca***]

The £300 was for thw whole thing! They are a small company that started out in the middle of 2007, hence why their prices are low as they are still building up a portfolio. Their website also gives that information.

 

I rang Royal Mail today to see if the letter had been signed for (I sent it recorded) and they said they have no record of it being delivered.

 

Typical.

 

I have no idea what to do now then???

 

£300 might not seem a lot of money, but it's a massive amount to my sister.

 

In actual fact the photos were so bad she'd rather have the money back!

 

(They have proofs, normal sized photos with a perm marker crossed on them)

[buzby]

I would seriously doubt there would be a complete refund, as due to the 'difficulties' this won't be the only problematic order. Add to this the illness, (assuming it is genuine) then they probably don't have the money anyway - which is probably why she hasn't seen the final prints.

 

Were the pictures digital? I know it isn't an ideal solution, but the next stage may be to say OK, I appreciate there are problems, but I need my pictures. If I provide a memory stick, will she transfer all the pictures avaiable to it so that you can compete the job elsewhere?

 

This would at least provide the pictures, and printing them off yourself at least is better than having only a proof. If this fails, it may be possible to scan an 'repair' the proof marks to ressurrect the images that way. Again, not ideal - but at least there will be something to prove that the happy day actually happened!

[Bookworm]

Well, look at it this way: It's quite obvious that you wouldn't hire a photographer to attend the event and take photographs, but not to supply them, so it is obvious that the providing the pictures was a core term of the contract, in other words, their attendance and taking of the pics doesn't partly fulfill the contract, so yes, they should get a full refund.

 

I would send a 2nd letter, titled "letter before action", which should go something like this:

 

Dear Sir/Madam,

 

We are very disappointed that you have not seen fit to reply to our previous letter dated xx, a copy of which I enclose.

 

We now have no choice but to request a full refund of the £300 paid to you since you haven't fulfilled the contract entered, and must ask you for full repayment within 14 days, or we shall have no option but to file in the Small Claims Court, which will lead to further costs + interest for you as well as a CCJ being entered against you.

 

Yours etc...

 

 

Something like that anyway, sorry, I have a headache and can't think straight, but you get the gist.

[***inca***]

Thanks for the replies Buzby, but I think it calls for more action than that.

 

Bookworm - Nail on head. Will send an adapted version of your letter. Very good considering you have a headache

 

Will keep you posted!

 

Bloody gits! (not you, them lol)