Raffle Prize not received

[IdaInFife]

Please note that names have been removed from this thread for breaching site rules and guidance on posting and the site team would ask posters to refrain from using named individuals or identifiers without site team approval.

 

 

everyone has a right to air their views and or experiences but we do have to show how others may perceive an issue that may or may not be agreed by others

 

but please remember we are all here to help each other out and there is many ways to out your points across in a adult and non inflamatory way

 

ida x

[loopinlouie]

Must admit the pictures of the dress are shocking. I think first year schoolchild could have done better.

[sailor sam]

It would be interesting to find out if the 'charity' actually received the proceeds from the 'raffle'.

 

Is there anyway you can find out southerner?

[labrat]

ring the charity named and find out, they will be very angry at the name ussage if not.. then ......... would be in hot water

 

Originally Posted by celiethecat

Your daughter is clearly just too fussy.

 

So, if you went to a shop to buy a chiffon dress for a friend's wedding and were offered a woollen suit instead, you would be fussy if you didn't accept it? My daughter has a right to be fussy about what she wears and especially for her prom. .....made comments along those lines, as she only attended her own prom 3 or 4 years earlier.)

 

But you didn't 'buy' a dress, you bought a ticket...moot point

to point out this was not just a ticket - this "ticket was a guarentie for the winner to receave a custom made dress, note the term custom made hence not providing this was a breach of contract under law

 

 

Quote:

There are tales of woe and sorrow on this site that would make a grown man cry...

Your point being...?

 

I think it speaks for itself really don't you. Have a look around, people are worried that they want have a roof above their head or food on the table come the weekend...you are not happy because you spent £5.00 on a ticket and didn't get your prize

 

a moot point in itself, people have differnt problems this board is to help with ALL problems

 

 

Quote:

your a couple of quid out of pocket.

Actually, I had a budget of £150 and ended up spending £350+. £200 might not be a lot to you, but it is to me.

 

Wouldn't you have spent that anyway? So your not really out of pocket then

 

no its still a valid point this person has been left out of pocket by someone breaching a contract

 

Quote:

Personally I don't believe you have a leg to stand on if it was to come to court.

If you read through previous posts you'll see that I have several legs to stand on!

 

I don't think so...the phrase 'clutching at straws' springs to mind

no theres several routes avaliable to take, breach of contract being one of the more minor ones of these

 

 

 

Quote:

You were offered alternatives, you didn't accept them and the girl tried her best to rectify the situation.

The girl was unreliable (didn't turn up for meetings and sent my daughter to have the base dress altered at shops that were closed), dishonest (claimed that she and her aunt could supply a finished product at a high standard) and abusive (I won't repeat on here what she called me when I asked for compensation). And all this was happening during my daughter's GCSEs.

 

Poor you, no free dress and someone calling you names

 

to be honest the name calling could be classed as harrasment or common assault

[southerner]

It would be interesting to find out if the 'charity' actually received the proceeds from the 'raffle'.

 

Is there anyway you can find out southerner?

I don't think so. I only know what was in the advert. I'll see what I can find out, but it won't be till tomorrow evening at the earliest.

[BSC]

I have actually been reading this forum longer than any of you. I chose not to become a member as I can get the advice I need without doing so. However, I was so incensed with this thread that I forced myself to join so I could comment on your plight.

 

of course you have sweetheart. If you really have been lurking all this time then I suggest you go back to doing it. Your silent contribution for such a long time was a blessing

[MRSWESTHAM]

Agreed

 

Now Jog On

[BSC]

[southerner]

right, Part 8 of the Enterprise Act 2002 came into force on 20 June 2003. The Enterprise Act improves consumer protection by giving enforcers strengthened powers to obtain court orders against traders that breach a range of consumer legislation; controlling activities such as misleading advertising, misleading price indications, lotteries, sale of goods and services, underage sales, estate agency, misleading health claims, trade descriptions, mock auctions, timeshare, unfair terms in consumer contracts, doorstep selling, distance selling, package travel and consumer credit.

 

Enterprise Act 2002 (c. 40)

 

if i leave snippets to let you look through them

 

ida

I've read through this a few times and get the impression that, although I am a consumer and she is a supplier under the Act, the enforcers would only look at this if the infringement was ongoing and affected more than one consumer. Please correct me if I have misunderstood. Also bear in mind that the shop has shut down.

[southerner]

Cellie the cat, you have no right to post to the op in such a rude manner. As one who has money problems I am asking advice for, I have no problems in another feeling wronged by this apparant shambles of a competition/raffle seeking advice. We all have our own problems which are just important as any other on this forum.

Thank you for understanding that my response to Celie's comment was not intended to seem uncaring. It's just that there is only one person in this world to whom you can't say "there are people worse off than you". I felt her comment was irrelevant.

 

I hope you are able to resolve your financial concerns soon.

[sailor sam]

Any news yet on this?

[The GodMother]

OMG that dress stiching looks like something my 6 year old would do.

 

I have only just come across this thread and i am discusted to see those pictures and read this.

 

Iam glad your fighting this and althought i cant offer much support will offer what i can.

 

i can safely say iam not a expert at dress making and can repair stuff but that i for one no is not good.

 

shout if u need us

 

GM

[southerner]

Unfortunately I've been without my computer since my last post, so nothing has happened. I'm not working tomorrow, so will draft a reply to the shop owner. I'll post it here for feedback before sending .

 

I'm regretting only asking to be reimbursed for the value of the raffle prize. I'm considering revising the claim to include my out of pocket expenses, ie the cost of the dress I had to buy, the fabric (which she shredded) and petrol costs.

[WelshMam2009]

I'm regretting only asking to be reimbursed for the value of the raffle prize. I'm considering revising the claim to include my out of pocket expenses, ie the cost of the dress I had to buy, the fabric (which she shredded) and petrol costs.

 

Was your letter headed "Without Prejudice" ???

[southerner]

Was your letter headed "Without Prejudice" ???

No

[southerner]

I've drafted a reply to to the shop owner's letter, but I'm not at all happy with it. Any suggestions?

 

Here is her reply to my LBA:

 

With regard to your letter dated 25th September 2009, titled "LETTER BEFORE ACTION". I found your letter extremely intimidating and unfair, and would like to point out that the prize was in fact pledged by (designer) and not .... Boutique. Therefore I suggest that you take your grievance to him and not direct it at myself.

 

.... Boutique as you are aware did in fact try to offer your daughter as much help and assistance in this matter, in fact offered (daughter) several options as a reasonable equivalent, as you had made us aware that (designer) had not supplied the prize he pledged.

 

I am sorry for any inconvenience this matter has caused (daughter) and yourself, however I will not accept responsibility for refunding you any money other than the value of the raffle ticket.

 

 

And here is my response:

 

I refer to you letter dated 30th September.

 

As the promoter of the raffle on 2nd April you had a vicarious liability to ensure that prizes were awarded as advertised. It is therefore you, not (designer), who is in breach of contract under the Unfair Commercial Practices Directive as you offered “...a competition or prize promotion without awarding the prizes described or a reasonable equivalent.”

 

Furthermore, when it became apparent that (designer) would not be providing the prize as pledged, you offered to take on the responsibility of supplying the prize and therefore took on that liability too.

 

Your promise to supply a bespoke dress for (daughter’s) prom was not fulfilled by the time specified and, from the remnants of the dress that you supplied to me, it is clear that the standard of sewing and finishing was substandard. Consequently, you are in breach of contract under the Supply of Goods and Services Act as you were required to use reasonable care and skill to supply a dress of satisfactory quality, free from defects and fit for purpose.

 

Since writing to you on 25th September it has been brought to my attention that I should claim for my out of pocket expenses in addition to the value of the prize that (daughter) is claiming. My claim will therefore include £31.21 for fabric and trimmings supplied, £159.98 for the dress I had to buy and £25 for travel and parking.

 

I look forward to receiving a cheque for £480 made out to ...for the raffle prize that was not awarded and a cheque made out to ...for £216.

 

Please would you also send me receipts from the charities to which the proceeds of the fashion show were donated.

 

I'm not entirely sure whether I should be making this claim in my name, or I should be making it on behalf of my daughter, or my daughter should be making the claim (she's only 16).

 

 

Can I change the amount I'm claiming from the original LBA (which I did not mark 'without prejudice'.) Would I have to make 2 separate claims - one for me and one for her? Who should the cheque(s) be made out to?

 

So many questions!! Does anyone know the answers?!

Edited October 9, 2009 by southerner

[sailor sam]

Mmm, I'm not sure you can claim for the value of the prize AND out of pocket expences in the same claim. To me its boundering on 2 seperate issues; the fact the raffle was false (which as I mentioned earlier may be a criminal matter; obtaing money by deception) and the fact that the organizer then failed to honour the agreement to provide the dress herself to a satisfactory standard. What will strengthen you case in relation to the raffle itself is whether you have found the charity it was supposed to benefit and if they in fact got the proceeds. I would'nt send the letter yet untill you get further advice.

[The GodMother]

to be honest i think sailor sam might be rite in regards to the outta pocket expenses eg the £216.

 

this is based on my experiance with the following.

 

I sued a couple who had both had money off me.

 

On the first N1, as advised by the CAB, i put Mr abc and Miss xyz

they both lived at the same address and followed all the advise i was given.

 

The courts rejected the application saying it was 2 different claims.

 

I then re issued as seperate claims and won.

 

the only difference would be if your daughter actually paid for any of the items in the seperate cost of £216 who they be able to come underyour daughters claim against her.

 

I would issue a seperate letter before action re ur money then issue a seperate claim

[The GodMother]

BTW dont take what we are saying as the truth until u check it out.

 

The courts may be able to help u with this as it is not really legal advise.

[heliosfa]

I was just thinking, who entered the raffle? you or your daughter?

 

Also, should you not be claiming the "damages" you suffered from her not supplying the dress (and not it's actual cost)? Directly, that would be the entire cost of the replacement dress

 

H

[southerner]

I was just thinking, who entered the raffle? you or your daughter?

 

I bought the ticket and gave it to my daughter as a present. I guess that means it was her that entered the raffle.

 

Also, should you not be claiming the "damages" you suffered from her not supplying the dress (and not it's actual cost)? Directly, that would be the entire cost of the replacement dress

 

I'm going to double check with the court tomorrow, but I suspect Sam and The Godmother are correct when they say there are two separate issues - one is that my daughter is owed a prize to the value stated and the other is my out of pocket expenses.

 

I need to check with the court whether the first claim needs to be in my name or hers in view of the fact that she is only 16.

[heliosfa]

I bought the ticket and gave it to my daughter as a present. I guess that means it was her that entered the raffle.

In my opinion, this means that the "contract" (e.g. the raffle ticket) is with you and it is your claim. Would need to check with someone more in the know though.

 

 

 

I'm going to double check with the court tomorrow, but I suspect Sam and The Godmother are correct when they say there are two separate issues - one is that my daughter is owed a prize to the value stated and the other is my out of pocket expenses.

As an alternate to the above, who is to say that you didn't loan the money to your daughter for the emergency dress?

 

I need to check with the court whether the first claim needs to be in my name or hers in view of the fact that she is only 16.

If it is "her" claim, then it would need to be in her name with a mackenzie friend (Probably you?) acting for her I believe.

 

H

[southerner]

In my opinion, this means that the "contract" (e.g. the raffle ticket) is with you and it is your claim. Would need to check with someone more in the know though.H

I did and you're correct. I bought the ticket, therefore the contract is between me and the organiser, even though I passed the ticket to my daughter. Thanks for your guidance.

 

I have received some good, free advice today. I'll let you know who from in a week or two. If you want to know urgently, pm me (unless you're celie or a friend of celie!)

 

Here is the letter I will be sending tomorrow. If anyone thinks it needs amending, let me know. I'm having a particular struggle coming up with suitable adjectives to describe the standard of dressmaking!

 

I refer to you letter dated 30th September.

 

As the promoter of the raffle on 2nd April you had a vicarious liability to ensure that prizes were awarded as advertised. It is therefore you, not (designer), who is in breach of contract under the Unfair Commercial Practices Directive as you offered “...a competition or prize promotion without awarding the prizes described or a reasonable equivalent.”

 

Furthermore, when it became apparent that (designer) would not be providing the prize as pledged, you offered to take on the responsibility of supplying the prize and therefore took on that liability too.

 

Your promise to supply a bespoke dress for (daughter's) prom was not fulfilled by the time specified and, from the remnants of the dress that you supplied to me, it is clear that the standard of sewing and finishing was deplorably shoddy. Consequently, you are in breach of contract under the Supply of Goods and Services Act as you were required to use reasonable care and skill to supply a dress of satisfactory quality, free from defects and fit for purpose.

 

I look forward to receiving a cheque for £480 made out to (me) within 14 days.

 

This is my final letter before seeking further legal advice.

 

I have decided not to pursue the matter of whether the proceeds of the event were passed to charity at this time, as I feel it not relevant to my case and I don't want to muddy the waters

[sailor sam]

I think you need to clarify how you come up with the figure of £480.

 

I would insert '...this being the value of the prize being offered in your advert'. I would also delete 'before seeking legal advice' and replace it with '...before applying to the small claims court to recover the said amount. Should this action be necessary, you may incurr further costs plus interest. You may wish to seek legal advice for clarification'.

 

You will need a copy of the original advert for the event (which includes the discription of the prize) as evidence if you do go to court.

[southerner]

I would insert '...this being the value of the prize being offered in your advert'.

Good idea. I'll do that.

 

 

I would also delete 'before seeking legal advice'

That was the sentence I was advised to put in.

 

 

replace it with '...before applying to the small claims court to recover the said amount. Should this action be necessary, you may incurr further costs plus interest. You may wish to seek legal advice for clarification'.

The problem with this is that if she replies to my letter, then I might be obliged to to respond to hers, which means this won't be my final letter!

 

How about if I end it 'This is my final letter before pursuing this matter at a higher level'?

 

You will need a copy of the original advert for the event (which includes the discription of the prize) as evidence if you do go to court.

Not a problem. I have it saved in 2 places on my PC and I've printed a copy. If that fails, I've replicated the advert on this thread!