St Audries Park Somerset - Wedding Cancellation

[The GodMother]

Andy just a question regarding something on here. The op has said that they are charging them for items not listed. I am correct in saying they can be told to foxtrot oscar over these. 

[AndyOrch]

They can only charge for what was agreed and requested within the the signed contract...but its irrelevant really because this is about getting a refund for monies already paid. However if they were to use a fabricated bloated quote to determine any costs incurred to determine what is or may be deductible from any possible refund then that's a matter for a court to determine and they would be put to strict proof to disclose those costs and instructions involved in the initial booking.

[BStealth]

Right yes... because they're claiming such items are ALL of the bedrooms etc at £3000 when we didnt even fill out the room assignment forms or declare a single person was going to stay in them... same as items which they OWN and they didnt purchase specific... all of that is simply outside of the £3995 60 guest wedding as per the signed contract.

[The GodMother]

Yes l was just saying as OP did state that they had not asked for these but they were being charged. 

[BStealth]

Hi Andy, "Also in the intro you need to confirm your request of cancellation of the booking and their refusal with dates", You should see this as the last point on the intro.


Dear Sir, 

 

Reference: Cancellation of XX & XX Wedding 

 

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. 

• On 20/03/2020 St Audries Park advised our original booking for 01/05/2020 had to be postponed in line with Government guidelines. 

• St Audries Park offered us a limited selection of dates which were week days and did not match our original Friday booking. 

• St Audries advised that weekend bookings require a higher payment, however despite 04/08/2021 falling on a weekday, we were not offered a price reduction. 

• St Audries advised “As you booked your wedding on one of our special offers the options, we are now able to give you are such good value as in normal circumstances these dates would have been of much higher value.” 

• St Audries insisted that to move the date, we would have to pay an upfront bulk payment of £1997.50 

• Due to our hands being tied as St Audries Park held our full £500 deposit, we reluctantly agreed to post-pone to 04/08/2021. 

• Visibility and insight into our personal circumstances, number of guests and plans for the day has always been paramount and made clear to our wedding planner employed by St Audries Park. 

• As a result of current Government Coronavirus Legislation impacting our weddings day, we had no choice but to ask for a postponement of our wedding date. This request was made to Aly on 18/06/21. The request for postponement has been declined twice and received from St Audries Board of Directors on 24/06/21 and 25/06/21. 

 

From you I am claiming that in accordance with the CMA’s position of weddings which can go ahead, albeit with restrictions and limitations, we should not receive disproportionate charges for cancelling our wedding. As per the Consumer Trading Act 2015 I ask that a proportion of my £500 booking deposit and further £1997.50 advance payment to St Audries Park to be refunded.  

 

Listed below are the documents on which I intend to rely in my claim against you: 

• GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 07/09/2020. 

• The Consumer Rights Act 2015 Unfair Terms - ss.61-76 

• The Consumer Contracts Regulations 2014 

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  

I would invite you to put forward any proposals in this regard.  

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  

 

Should I not receive a response to my letter within the next 14 days then I anticipate that court action will be commenced with no further reference to you. 

 

Should this procced to court, St Audries Park will be liable for costs and interest at 8% pursuant to section 69 of the County Courts Act 1984. 

 

Yours faithfully, 

 

 

[AndyOrch]

 

Possibly change ....

 

From you I am claiming that in accordance with the CMA’s position of weddings

Therefore I wish to request in accordance with the CMA’s position of weddings

 

 

[BStealth]

Thanks you legend. Are you happy with this section..

 

Therefore I wish to request in accordance with the CMA’s position of weddings which can go ahead, albeit with restrictions and limitations, we should not receive disproportionate charges for cancelling our wedding. As per the Consumer Trading Act 2015 I ask that a proportion of my £500 booking deposit and further £1997.50 advance payment to St Audries Park to be refunded.  

[AndyOrch]

Fine...although Im not happy with ......... " I ask that a proportion of my £500 booking deposit " 

 

That's inviting a deduction before they have even considered it...obviously there may be a deduction for costs incurred but in reality...what costs can they have possibly incurred for a booking in advance ?

[BStealth]

What they will claim is 'loss of business' which is why they're trying to sting me for MORE than is in the £3995 contract and they'll probably make zero effort to rebook the date. I will however visit the venue on the day to be sure that they didn't resell it otherwise they've made zero loss except admin.

 

 

Therefore I wish to request in accordance with the CMA’s position of weddings which can go ahead, albeit with restrictions and limitations, we should not receive disproportionate charges for cancelling our wedding. As per the Consumer Trading Act 2015 I ask that my £500 booking deposit and further £1997.50 advance payment to St Audries Park to be refunded.  

[AndyOrch]

Loss of business is impossible to prove...its hearsay...and as you state and they state they are so busy and fully booked up they will have no problem in selling the slot.

[BStealth]

Ok Andy, thanks for your help so far. As mentioned, I have spoken to other people who took them to court for the £5500 they paid earlier in the year and they cancelled mid full lockdown. They said that St Audries turned up with a barrister to the court and the case of unfair T&C's was dismissed. If you're happy with what I've wrote I'm happy to send via email and recorded post to them. Do I sign the recorded version?

[AndyOrch]

Yes you must sign the LOC...with regards to the cases you refer to....without knowing all the details of the judgment's its impossible to comment. You don't actually know that the claims were lost on that point alone...barrister or no barrister...you can lose a claim by simply  not following procedure correctly or failing to comply with a court direction....and of course you are always at the mercy of the judge lottery and his mood of the day.

 

See how they respond to the above and if unfavorable its vital that you follow through with the action on day 15.

[BStealth]

Dear XXX,

 

Thank you for your notice before action of which we are in receipt.

 

We accept this letter as your instructions to cancel your reservation of St Audries Park on 4^th August 2021.

 

Our position remains unchanged. Given the extenuating circumstances that we are all currently facing, we have no intention to pursue the cancellation fee outstanding of £4,615.37. However, please be advised that, should you enter into litigation we reserve the right to counter claim.

 

Kind regards,

Edited July 2, 2021 by BStealth

[BStealth]

Does anyone have clear insight into what is and what isn't enforceable here? Am I likely to win this and receive a refund? Are they actually able to claim the £4615.37 from me?

[intree]

Going from my experience of Court, its very stressful but worth it, as in the end they will have to prove their costs but I can not give legal advice only my experience in my post as a example - hope it works out for you!

[BStealth]

An further idea whether i stand a chance to win this case in court? as of yet i havent proceeded with lack of confidence. 

[The GodMother]

I would carry on. Just because others have not won dont mean you wont. I hope others are appealing as they should have won the cases due to the rules..