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Hello,

 

The following issue has been on going since 24th December 2017. Looking for a bit of advice.

 

On the 4th November I messaged a photographer on Facebook messagner with regards to providing wedding photography. He replied and advised he required a £100 deposit to secure the booking. He send the invoice to my email address with stated the deposit, name of the company and the following message “ by paying the amount above you are agreeing to the terms and conditions at (insert company’s website) “

 

I paid te £100 via goods and services on pay pal

 

I did not receive tt se terms and conditions, I was not guided to where on the website they were (at the bottom of a very .. long .. packages page”.

 

I emailed two days later asking when I would receive a contract for the booking to win, I was told then by paying the deposit I was in contract and that was sufficient

 

I emailed a Facebook page and reviews of supplies and was told he was the most complained about supplier in the UK by not providing a good service.. saying there will be more than one photographer and one turns up etc.

 

So on 24th we emailed saying we wished to cancel due to lack of contract and transparently. He emailed sayingthats fine but we need to pay a £200 fee to cancel.

 

I contacted citizens advice telling me to send a recorded letter in addition to the email I send which he contacted and said he would be sending debt collectors and his lawyer is looking after this for him ..

 

The wedding in 852 days away from cancelling and wen I read trading standards- companies can put a cancellation fee in that’s reasonable due to loss of profit or business. I felt the notice I’ve provided is sufficient.

 

The terms and conditions weren’t actually given to me, he has now threatened us with debt collectors and said “the invoice clearly states that you have 14 days to cancel. But the invoice does not clearly state that.

 

I’ve contacted citizens advice who will pass it to trading standards but they take 10 working days to make a decision.

 

Any help as to where we stand would be great

 

(Additional note) the photographer stated e was a memeber f the Scottish wedding photographer and portrait society but I contacted them and he is not a memeber.

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How much of this have you got in writing – in particular his representation that he was the member of a professional society?

 

It seems to me that you should get all of your money back. Please will you tell us who this photographer is – and also link to the Facebook pages or elsewhere that people are complaining about him.

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He advertises the logo for the SWPP society on his website

 

I only have the terms and conditions that are on his website and I was emailed the invoice.

 

The website is wedding [EDIT]- don’t let them win

 

The company is the image village photography

 

I post d on blushing brides Scotland and had 17 messages about disgruntled brides but the wedding [problematic] page will have the notes complaints

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Whilst I empathize with your situation your snagging point, I believe is this bit you wrote.

 

He send the invoice to my email address with stated the deposit, name of the company and the following message “ by paying the amount above you are agreeing to the terms and conditions at (insert company’s website) “

 

 

This was sent to you before you paid.

This means you had an opportunity to visit the website and view the t n c.

 

 

But be persistent with your cause

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Thanks for your reply.

 

I’ve left it with the hands of trading standards as I am Trying to go on the line of unfair terms and conditions. I feel that with 852 days notice, he won’t lose profit as this is sufficient time to get another booking.

 

But i understand

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That's why I said be persistent.

852 days notice- they have had no outlay or anything.

Without you naming names we cant view the terms to even start to see if they are unfair.

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I’ve had around 14 messages from brides who have booked ten and brides who have had them with negative reviews.

 

Ive has around 5/6 photographers message me letting me know about how he has behaved poorly. Unfortunately, this goes in public which is infuriating. He was involved in a forever bridal shop closing suddenly .. he was the business partner of the owner and they shut up shop and people lost a lot of money

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Id be careful here. Dont rely on word of mouth.

Also I've looked at the terms n conditions and they are pretty standard for the industry.

 

You need documented reviews to move forward

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The only thing that concerns me here I I can find no company listed for stuart Kennedy, on the website their I no.company number etc. Seems very illusive to.me.

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I only have the terms and conditions that are on his website and I was emailed the invoice.

 

 

 

He should have provided you with the contract terms & conditions in a durable medium (ie in writing). Referring you to the terms & conditions on his website does not comply with The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.

 

 

See at 16.1 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

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I would insist on cancellation based on the fact that they advertise as being registered with a professional body when they're not.

Also the Scottish wedding photographer and portrait society would be very interested in knowing that he's using their good name to gain business without being registered and paying the relevant fees.

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