St Audries Park Somerset - Wedding Cancellation

[intree]

My Fiancé and I were due to Marry May 2020 after receiving a late cancellation booking Jan 2020.

- £500 deposit for the booking as per contract, via bank transfer.

- Due to COVID, we were advised that the venue could not host and we were only offered postponement, This was re-arranged for 4th August 2021. 

 

Hi Reading the above this is no different to what we are facing, the Venue cancelled all events for April/May 2020, they forced us to postpone, technically unless I am wrong this was a Contract like ours under the Consumer Rights Act 2015, accordingly they postponed and you just changed the date as they refused to refund, is this correct?

 

The fact that they cancelled the event left you in a position which was not clear and you safeguarded your money to allow the venue to provide a alternative date, which you agreed to be in 2021.

 

However Andy is correct you must ask for the refund, based on the original contract being postponed/cancelled by them and you being like many other couples agreed to the the postponement to safeguard your position.

 

The venue charged you date change fees, this is unreasonable under the CRA 2015.

They have then refused to refund you, when in fact they had to postpone in 2020.

 

Accordingly this is your starting point, please read the thread on Goosedale again, this is very similar indeed, but if there is something I am missing please let me know so I can help?

[intree]

Covid cancellations: couples still left out of pocket by wedding venues keeping their cash – Which? News

WWW.WHICH.CO.UK

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Many couples are still struggling to get the refunds they're legally entitled to for weddings cancelled due to the pandemic. A year after we first raised the alarm that venues were leaving couples out…

 

[intree]

Hundreds of Couples are in the same Boat, its shocking what is happening and there are laws which should protect consumers, which are being flaunted by greedy venue owners!

[intree]

Now that you have their response you really need to issue a LBC confirming that you were asked to postpone in 2020, and that the Venue could not fulfil its contract since that time, you postponed and were never offered a refund, under the CRA 2015 you can not be forced to pay cancellation charges or be subject to unfair practices, in the end the matter will need to proceed to Court its not a difficult thing to do, yes its very disheartening but it has to be done to get justice for you and your fiancé.

 

The starting point is the Consumer Rights Act 2015 and the frustrated contract, both these will override any terms in a contract, then you must confirm to them that they postponed the event in 2020, not you and then ask them to verify their charges under the CRA 2015.

 

After this come back to the forum and take further advices I can only go by my situation, they are leeches and here you will get the support but most of the work will need to be done by you, with help from senior members as I am a Novice I can only ask you to read the above and my claims currently in Court, it will not be a easy way but in the end if the laws are anything they should protect people like you and me, if they dont then I will be very dissapointed as the Smalls claim courts are supposed to be consumer friendly.

[intree]

then follow the advice and start your LBC and claim as they are twisted fools who will not listen unless forced by a Court of law, at the moment there is not law only guidance and the CMA are not ones who will take up your claim on a one to one basis, please do not delay as come August 2021 you may still be in a restricted wedding arena, the longer they hold your money and the longer this goes on the more chance they go bankrupt then you lose everything!!

 

[intree]

For guidance look at the LBC i sent and then approach Andy on the forum for further advice.

 

Please keep your head up and we are with you, dont despair your one of hundreds they are doing this to and your no longer on your own

[intree]

SOMETHING LIKE THIS BUT WAIT FOR ADVICE AND CHANGE TO YOUR OWN VENUE:

 

 

I write in relation to contract reference  xxxxx : venue hire for a wedding reception of 350 guests; a total payment of £7,700. This amount was paid in full by me on 02/04/2019. The contracted event is unable to take place due to current Government guidelines and a full refund is requested.

Below is a timetable of recent key events:

1.      On 20/03/2020 xxxxxx advised our original booking for 23/05/2020 had to be postponed in line with Government guidelines. A request for a full refund was disregarded and Goosedale insisted we postpone our event.

2.      Due to our hands being tied as xxxxxx held our full £7,700, we reluctantly agreed to post-pone to 18/07/2020.

3.      In line with Government guidelines, wedding venues remained closed on 18/07/2020 therefore a further date was secured for 08/10/2020.

4.      Goosedale have advised us that weekend bookings require a higher payment, however despite 08/10/2020 falling on a weekday, we were not offered a price reduction.

5.      Since 17/04/2020, we have received one email on 03/09/2020, with a letter attached requested a further “£250 security bond for the event on 08/10/2020”.

6.      The current Government guidelines highlight that wedding ceremonies allows for up to 30 guests at a sit-down wedding reception which came into effect from 15/08/2020. As detailed above, our current contract and payment has been for 350 people. Goosedale are not in a position to provide this service.

I draw your attention to the following legislations:

·         GOV.UK – Competition & Markets Authority Guidance – Statement on coronavirus (COVID-19), consumer contracts, cancellations and refunds dated 28/08/2020.

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

In line with the detailed legislation and guidance, you are unable to carry out a service that I have paid for; subsequently the contract has been frustrated. Therefore, I request a full refund of £7,700 within the next 14 days.

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 this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours sincerely,

[intree]

I also advise you read and become familiar with the following :

 

 

UK Government rules: Exhibit’s CMA law guidance

 

Exhibit 8:  2 March 2016 - CMA Guidance to the Wedding Sector dated 2 March 2016 (regarding unfair T&Cs)
https://www.gov.uk/government/publications/wedding-and-event-venue-providers-letter-from-the-cma-on-contract-terms

 

Exhibit 9: 23 March 2020 – “stay at home” all events cancelled. 

https://www.gov.uk/government/speeches/pm-address-to-the-nation-on-coronavirus-23-march-2020

 

Exhibit 10: 30 April 2020 - “Contracts that cannot go ahead due to lockdown laws” – frustrated contract – consumers should be entitled to a full refund.

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic

 

Exhibit 11: On 28 August 2020 - Government Guidance. 

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds

 

Exhibit 12 :7 September 2020 - Where lockdown laws prevent (or prevented) a wedding from going ahead as agreed, the consumer should be offered a refund.

https://www.gov.uk/government/publications/wedding-services-coronavirus-covid-19-cancellations-and-refunds/wedding-services-affected-by-covid-19-statement-of-the-cmas-position-on-cancellation-and-refunds

 

Exhibit 13: 26 November 2020 - The CMA warned wedding Venues about unfair practices and misleading customers over refunds. 

https://www.gov.uk/government/news/covid-19-refunds-cma-warns-wedding-firms-over-unfair-practices

 

 

Supporting Legislation

 

 

Consumer Rights Act 2015:  https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

 

Unfair Trading Regulations (2008):  https://www.legislation.gov.uk/uksi/2008/1277/contents/made

 

Frustrated Contracts law:  https://www.legislation.gov.uk/ukpga/Geo6/6-7/40

 

[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!