Advice needed please regarding client breach of contract

[Hayleyc1983]

I have a bride whom I was meant to be doing bridal makeup for this Saturday 21st June. She booked me 12 months ago ago and paid me a non refundable deposit, which covers the cost of the trial. We had the trial in March, where I presented her with a full copy of terms and conditions which we both signed in the presence of each other. The terms state that if my services are cancelled within 14 days of the wedding, then the full balance is due (due to me turning other weddings away, loss of earnings, specific kit, paying an assistant etc). She e mailed me on the 9th to cancel saying she couldn't afford it anymore (not my problem, she has known the amount all along, and could have cancelled before without penalty). I have asked for payment as per my terms, and at first she got her mum to contact me for a copy of the contract (which I didn't give, data protection) but I hand delivered a copy to the brides address (she had already been sent a copy of the signed one in a March). Payment was due yesterday and I have heard nothing. I sent her a letter today demanding immediate payment within 7 days or I will take to small claims court. Has anyone experience of doing this? And did you get the money? We are talking a couple of hundred pounds that I am owed, and I not find myself without a wedding booking on a Saturday in the height of wedding season, having turned away around £800 of business.....

Thanks all

 

[profbeau]

Its a tricky one. If you have a signed contract you can go to small claims, but have to ask yourself if it is worth it, not only financially, but also for your reputation.

If this lady has genuine reasons for needing to cancel, I'll health, broke up with partner, lost her job etc, you taking her to court could well make you seem like the bad guy (even though your not) and that could damage your reputation.

You will not be able to claim loss of earnings etc from her, so is the cost of her canceled treatment worth the hassle?

Prevention is the best form of protection, maybe in future take a 50% non refundable deposit at the time of trial, for the full treatment/appointment. And state in your terms that if they cancel with less than 14 days notice, they loose the deposit.

Hth x

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[lucy bear]

Iv had a similar issue with a bride. But mine was they paid via cheque which bounced then had several months of emails back and forth. I contacted a online solicitors which sent me forms to fill out and then they sent her a solicitors letter basically saying pay up or this will go through to small claims with us representing the therapist. It only cost me £5. It worked as straight the bride contacted me and set up a payment plan to cover the cost.

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[Hayleyc1983]

This isn't for any reason other than messing me around sadly, as she is a friend of a friend so I know there is nothing health wise, or cancelled etc. she actually told me it's because she had run out of money, yet I see in a social media site the day beforehand that she has money left in her budget for a videographer and was asking for quotes (I have saved this in case I need it). As I said, it is for a few hundred pound, so in will pursue through the court. In regards to my reputation, I truly feel as if I have done nothing wrong and that I have to pursue this to deter others from being the same. Thanks for your advice, maybe the court forms will get her to contact me :S

 

[profbeau]

This isn't for any reason other than messing me around sadly, as she is a friend of a friend so I know there is nothing health wise, or cancelled etc. she actually told me it's because she had run out of money, yet I see in a social media site the day beforehand that she has money left in her budget for a videographer and was asking for quotes (I have saved this in case I need it). As I said, it is for a few hundred pound, so in will pursue through the court. In regards to my reputation, I truly feel as if I have done nothing wrong and that I have to pursue this to deter others from being the same. Thanks for your advice, maybe the court forms will get her to contact me :S

Absoloutly! If you are in no doubt that she has simply "changed her mind" then I agree, you shouldn't let clients like this walk all over you.

I hope the threat of an official letter will make her see sense & pay what she owes!

I would also look at taking a non refundable deposit in future though x good luck, let us know how you get on x

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[BannerPenguin]

Small claims court will cost you around £50 but can be a pain in the arse. Try a solicitors letter for £25 or what not.

 

[miss michelle]

If it was me she was only a couple of days after the 14 days cut off and you've had your money for the trial, I would just cut my losses x