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Thread: To claim or not to claim, that is the question.

  1. #1
    Spirits High's Avatar
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    Default To claim or not to claim, that is the question.

    I've got an issue at the moment with a non paying client. They had originally booked the dj service for March this year, signed the booking form and paid the NRBF back in June of last year.

    When I tried to contact them 4 weeks before the Wedding to book in the pre wedding meeting I had no replies to emails, voicemail messages etc and really struggled to get hold of them. The venue they 'were' due to get married at is one of my regulars so I called them and checked out if they were having problems to be told "they cancelled in January!"

    I have since gone down the road of sending final invoices, overdue invoices, emailing and more voicemails but still no contact. I've used the company debt guard in the past and had good results so tried them again. They duly sent the solicitors letter stating further action will be carried out if this isn't paid etc etc. The dated period on that have now elapsed and I need to decide if I'm going to take court action or not.

    Cost involved are outstanding invoice 300, cost to got to court on this are 109 of which 70 can be added to the debtors bill. The original letter cost 2 so not really a big issue but as there's been no contact at all I'm thinking they'll just ignore the court paperwork too. This could mean that I'll get a judgement in my favour but no actual money back.


    Over to you!
    Professional DJ & Event services inc Led & Starlight dancefloors, Venue uplighting

    Derbyshire Wedding DJ - Wedding Uplighting, Dancefloors and Professional Wedding DJs

  2. #2

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    So no service was actually carried out, as the wedding was cancelled.

    If you do take them to court, and they start posting negatively about you on social media/review sites, how will you feel? Will it have been worth it?

    Sadly, I feel it may be best to walk away.

    You've had the deposit - it may be hard to justify why you are due further money when no service was actually performed, despite what your terms and conditions state. In fact, depending on your terms and conditions, the couple may be due their deposit back if your terms aren't worded correctly.

    Not the answer you were looking for, but I'd recommend walking away sadly.

  3. #3
    Spirits High's Avatar
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    Quote Originally Posted by rth_discos View Post
    So no service was actually carried out, as the wedding was cancelled.

    If you do take them to court, and they start posting negatively about you on social media/review sites, how will you feel? Will it have been worth it?
    Unfortunately nowadays that is an issue


    Quote Originally Posted by rth_discos View Post
    You've had the deposit - it may be hard to justify why you are due further money when no service was actually performed, despite what your terms and conditions state. In fact, depending on your terms and conditions, the couple may be due their deposit back if your terms aren't worded correctly.
    It's a Non refundable booking fee that was paid and the T&C's are good as I've taken a previous client (higher amount) to court with the same ones and won my case.

    The annoying thing is the complete lack of contact, manners cost nothing but unfortunately this looks like it's going to be written off.
    Professional DJ & Event services inc Led & Starlight dancefloors, Venue uplighting

    Derbyshire Wedding DJ - Wedding Uplighting, Dancefloors and Professional Wedding DJs

  4. #4

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    Quote Originally Posted by Spirits High View Post

    It's a Non refundable booking fee that was paid and the T&C's are good as I've taken a previous client (higher amount) to court with the same ones and won my case.
    I've always thought that was the case, but recently it's been highlighted that without a cooling off period stated in your terms and conditions, you may find it hard to enforce the "non-refundable", as the cooling off period then defaults to 1 year and 14 days.

    Source: https://www.citizensadvice.org.uk/co...-youve-bought/


    Quote Originally Posted by Spirits High View Post
    The annoying thing is the complete lack of contact, manners cost nothing but unfortunately this looks like it's going to be written off.
    Absolutely - I totally feel for you on this one. Of course, it's wrong that you've been screwed over - mainly because you've been unable to rebook that date, so you are at a loss.

    But with social media, things aren't really on our side these days. We just have to hope we don't get too many of these clients, and when they do appear, sadly, have to bow to their requirements to save a greater headache/waste of time/bad reviews.

  5. #5
    Spirits High's Avatar
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    Quote Originally Posted by rth_discos View Post
    I've always thought that was the case, but recently it's been highlighted that without a cooling off period stated in your terms and conditions, you may find it hard to enforce the "non-refundable", as the cooling off period then defaults to 1 year and 14 days.

    Source: https://www.citizensadvice.org.uk/co...-youve-bought/

    Got that one covered by this:

    "PLEASE NOTE: This contract is not subject to a 'cooling-off period' by virtue of s28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and therefore in the event of cancellation of the engagement by the Client, a cancellation fee will be made on the following basis:"

    I was advised to put this in by someone who has great experience in the "law" game.
    Professional DJ & Event services inc Led & Starlight dancefloors, Venue uplighting

    Derbyshire Wedding DJ - Wedding Uplighting, Dancefloors and Professional Wedding DJs

  6. #6

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    Quote Originally Posted by Spirits High View Post
    Got that one covered by this:

    "PLEASE NOTE: This contract is not subject to a 'cooling-off period' by virtue of s28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and therefore in the event of cancellation of the engagement by the Client, a cancellation fee will be made on the following basis:"

    I was advised to put this in by someone who has great experience in the "law" game.
    Perfect - many don't have this! You've been well advised

  7. #7
    Imagine's Avatar
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    Quote Originally Posted by Spirits High View Post
    Got that one covered by this:

    "PLEASE NOTE: This contract is not subject to a 'cooling-off period' by virtue of s28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and therefore in the event of cancellation of the engagement by the Client, a cancellation fee will be made on the following basis:"

    I was advised to put this in by someone who has great experience in the "law" game.
    Tee-hee

    I've got this one in my contract as well

    As to the original post - I'm with Gavin in that I think I'd probably walk away.
    In this day and age of easily being able to escalate things on Social Media and the like - is your business reputation really worth the hassle.

    I had a similar one in the past. Took it as far as judgement (by default because they never responded to anything), but didn't go any further because it just wasn't going to get anything back.

  8. #8

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    I too would move on. At the end of the day, there are very few cancellations and we should all expect to have to bite the bullet on those rare occasions. I know I have. Some are very apologetic and pay up without argument. The tiny percentage who bugger off without a by-your-leave are best forgotten. You can only do so much to protect yourself (frustrating though it is!) and, as already said, you could end up doing more harm than good.

  9. #9
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    Quote Originally Posted by Spirits High View Post
    The annoying thing is the complete lack of contact, manners cost nothing
    This is what annoys me most about spineless people, that don't have the courtesy to inform you as like a lot of the public are scared of their own shadow. That combined with the emotional distress of dealing with a wedding cancellation (especially if someone has died, they have split up), that makes them bury it.

    Can you comfortably afford to live with it cancelled and can you not use a no win no fee agency to get the money? I would personally not let the threat of them complaining sway the judgement, but in most situations just let it go and keep the booking fee, unless they have been a real problem. I get quite a few cancellations with my residency and often its a welcome break for me to have a Saturday night off for once as I generally always have a busier year than I am expecting.

    I had one personal book gin that never got back to me and avoided contact and i just felt sorry for them that they have not got the balls to confront the situation and act like an adult. To be fair they were quite chavvy, the venue was not expensive and i questioned it when they booked as it was an unusual one. Cost them 250 in BF, If they have said they can't afford it then if it was a good week they may have even got the BF back, especially if I took another job.
    Last edited by yourdj; 03-05-2017 at 05:32 PM.
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  10. #10
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    I'm REALLY stubborn. I would take this as far as possible out of principle, regardless of the potential of them slating me. I'd sue them for that too if it were unjust. Otherwise, what is the point of having a contract.


    P.s.> good clause. May I borrow it?
    "PLEASE NOTE: This contract is not subject to a 'cooling-off period' by virtue of s28(1)(h) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and therefore in the event of cancellation of the engagement by the Client, a cancellation fee will be made on the following basis:"

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