max speillman - lost honeymoon photos

[BankFodder]

Having had my own photographic company you will find they are responsible for the cost of the film only, I never did agree with it and still don't but it is a fact. If you can get more take it.

Sorry but this is is completely wrong

[BankFodder]

Bank Fodder what do you think of these quantifications?

 

Replacement film - £5.00

Telephone calls & postage - £20.00

7 months (to date ) of upset and inconvenience - £250.00

Loss of photographs of honeymoon - £250.00

 

????????

 

I find it very hard to put a price on it as obviously to me they are priceless.

 

In my opinion I would like a replacement holiday etc in order to take more photos but I know that that is not going to happen.

 

I was considering writing to them to confirm that I would accept £500.00.

Film - OK

phone calls etc - if they are fully itemised etc OK but it sounds on the high side.

Upset and inconvenience - no. not without medical evidence

Loss of photos of honeymoon - £250 a bit on the high side but no harm in trying for it.

 

However, you will have to describe the honeymooon, the cost and why it was so important.

 

No you won't lose any costs if you bring this action.

I don't see why you pay any attention to what Max Speilman says. Do you pay them for legal advice or something?

Stop writing to them. This is not therapy. It is litigation.

I think that you have had enough advice now. get started or put it behind you

[JSchoey]

I thank everyone for their comments and I will keep you posted about what happens.

[David T Wells]

Sorry but this is is completely wrong

I have been involved in three such cases over a 35 years span and won all three although we did correct the matter as well as we could by retaking some shots and reshooting but we were not obliged to do this. I have no problem if you think this is wrong I can only tell you of my experience.

[Movingon]

I have been involved in three such cases over a 35 years span and won all three although we did correct the matter as well as we could by retaking some shots and reshooting but we were not obliged to do this. I have no problem if you think this is wrong I can only tell you of my experience.

 

Again I ask you - on which Law did you rely?

[rosiecotton]

What sort of shots were they? That does matter. As this is a honeymoon, once in a lifetime type experience, that will (or should) make a difference as it is such an emotive subject. If it was just photos of Granny's birthday party, I doubt it would have the same weight!

[JSchoey]

Exactly Rosiecotton. If it had just been a few shots of a night out on the ale with my mates, I probably would have just let it drop but as it was my honeymoon photos, there is no way I am letting it lie.

 

Me and my hubbie had never been on holiday together in the 9 years we had been together so I said to him that as it was our honeymoon and we wouldn't get the chance to go away without the kids again for a long time we should go somewhere special, so we saved very hard for 2 years and went to a 5 star hotel in mexico, costing over £2,500 altogether. The photos are irreplacable.

 

I went into the shop again on Friday to see if they had anything to report.

 

The shop assistant said that they had looked through every set of photos. I said to her that in that case it is obvious that my photos are not in the shop and there is no way after 7 months that someone is going to bring them back. Therefore, I am never going to see my photos again and £15 worth of reprints is not enough. She agreed but said the manager was on holiday for a week and when she comes back she will ask her to ring me to discuss compensation. I wait to see what kind of abysmal offer they intend to make and then I will issue a court action if I have to.

[chocolatte]

Quick Note: Don't forget to go to local paper and ask them to run an appeal for the missing photos, and making Max Speillman look like idiots in the process, no pun intended there, lol

Good Luck

[buzby]

Just before this gets out of hand - can you ask them to check for Dev & Print orders at the store that have NOT been collected to be scrutinized by you? Years ago I worked in Dixons (yes, I'm not proud!) and one of the common problems were when the lab stapled the 35mm strips together and affixed the serial number or barcode to the film itself. Often when the film was developed and printed it was cut to fit in the negative carrier, and the serial number erroneously applied to the NEXT film in sequence. This usually rectified itself by the next film, but 2 would be wrong. They still may have it, and if not too long ago (say within 12 months) is worth pursuing.

[buzby]

. . .

[JSchoey]

they have supposedly checked every set of prints in the shop that are waiting to be collected. I also supplied them with a copy of a photo of myself so that they new what they were looking for.

[JSchoey]

Went into the shop again today and the Area Manager was there. She said that she will look at all the correspondence between customer services and myselves and liaise with them about making me a satisfactory offer of compensation.

 

She seemed genuine and I have her direct email address so I can just harass her until I get something worthwhile.

[chocolatte]

Well, that a bit of good news for you, still doesn't get your pictures back though. Still, you do have your memories which you can share with each other, chin up, and good luck with compo.

[JSchoey]

Oh My God!!!!

 

Got a phone call from Customer Services last night. She basically said the same stuff again, blah blah blah, and offered me £20. I told her to stop wasting my time and make me a proper offer. She said she wasn't authorised to do that.

 

She is now going to speak to her superiors and get back to me on Friday.

 

Let's see what kind of a joke of an offer they make me this time.

[chocolatte]

Have you been to the local rag yet??

[JSchoey]

Have had another stupid offer of £50.

 

I am therefore sending them this letter tomorrow:

 

Dear Sirs

I am very disappointed with your response to my complaint.

I am very disappointed with your offer. As stated previously, I will not accept such a low offer.

I note that you point out the terms and conditions of the contract again but I would like to point out that these are merely your firm’s conditions and a Judge will decide whether these terms are fair in this instance. Any contractual term which seeks to exclude liability for negligence is unenforceable at law. Your firm have been negligent in giving my photos to somebody else.

I am prepared to issue a claim for compensation in the small claims Court and will seek to recover the amount of £500.00. I believe that this is fair amount for the loss of honeymoon photos, 8 months of upset and inconvenience and postage and telephone calls.

Obviously, I would like to give you one more opportunity to avoid such proceedings and I am therefore giving you notice that I wish you to reply to me within 14 days with an appropriate offer of compensation.

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs without further notice.

[Movingon]

Good on'yer. Keep at them!

[chocolatte]

Go JS, I'm still following this thread, wanna see how this turns out.

Wishing You Luck

[JSchoey]

I'm posting the letter to them today. Got another letter off them offering me £50 now. Still laughing at that.

 

One of the Solicitors in my work said he will help me too. Max Speilmann's better watch out.

 

I was reading in the Metro today that some american Judge is suing some dry cleaners for losing a pair of trousers and he is suing them for £32.5 m.

 

I know he might not be successful with that amount but it says that he has been offered £6,000 which he has refused. He is claiming for 1000 hours that he has devoted to the case, hiring a car to transport his clothes to a different cleaners, mental suffering, inconvenience and discomfort.

 

I only want £500 so I will persevere.

[demon_x_slash]

"Mental suffering"? I can understand losing honeymoon photos causing distress, but trousers? Were they the Gloomy Trousers of Uncle Vanya, or what?

[JSchoey]

Well if the Judge can claim for it so can I. LOL

[StormWarrior]

note it says "American Judge", boy is he gonna get a crash course in UK law (assuming it's in the uk)

 

The American 'compensation culture' is a good deal to blame for many of this countries problems!

[JSchoey]

I agree with you Storm Warrier but at the end of the day Max Speillman's are not going to get away with this. They can't lose people's honeymoon photos and then expect them to accept £15 worth of reprints.

[JSchoey]

Does anyone know what kind of things I need to put in my Particulars of Claim?

[JSchoey]

Urgent Help Needed.