Some Legal Advice

.Kencs · 4 Feb 2011 at 08:08

[TW]Fox;18387888 said:
anyone get a DLSR, Photoshop and post in a photography forum everyone seems to think they can be some sort of Pro.

True

I have Photoshop, Im 100% professional, done loads of shoots, I have a 2mp camera phone, will you hire me?

Conanius · 4 Feb 2011 at 08:27

My limited knowledge of these things is that you bagged the deal of the decade only paying what you did just for the dvds. Live and learn and get someone to do the album.

Vonhelmet · 4 Feb 2011 at 08:31

Take your DVDs full of photos and cut and run. £80 for the photos is a good deal. You can sort them yourselves or maybe even pay someone the £400 odd to do it for you.

booyaka · 4 Feb 2011 at 09:01

Raymond Lin said:
If you already have high res photos then I would just write off the £80, and make the book yourself.

x2

Smitho3 · 4 Feb 2011 at 10:55

Ok maybe I made it sound a little like some wannabie with a cheap camera setting up shop however his business is still running to this day (He no longer does wedding shoots). When we booked him he was very proffesional, the whole business was being run out of his studio so I had no reason to beleive that he was anything other than Legit. From what my Wifes friend says he is starting to get a little more business in and still has his studio set up. I am wise to the world and would not risk paying £500 to dave from round the corner who was recommended to me by my drunk mate down the pub.

So what you guys are basically saying is, I have no leg to stand on legally, even if I can prove that he has not provided the service that I have paid for?

Surely there must be something I can do to reclaim some of the cost?

/Edit, I have paid the guy £580 not £80!!

Pug · 4 Feb 2011 at 10:58

woah woah woah, £500 for 2 photographers, before, during and after the wedding with full hi-res DVDs of pics is an amazing deal! Album or not! I wouldnt be too dissapointed!

Smitho3 · 4 Feb 2011 at 11:04

Pug said:
woah woah woah, £500 for 2 photographers, before, during and after the wedding with full hi-res DVDs of pics is an amazing deal! Album or not! I wouldnt be too dissapointed!

This is true, however I would have gladly paid extra if it meant getting what I paid for! He offered us a service, charged us accordingly and has not provided the service, its besided the point how much we paid really.

Pug · 4 Feb 2011 at 11:10

well, i'd disagree slightly but i guess its personal perception.

I'd say its more down to expectation and market prices. You were obviously getting an amazing deal before, probably too amazing hence the guy not coming through on the deal, but even now you are getting a very good deal. I appreciate its the annoyance of someone reneging on a deal, but you REALLY haven't been ripped of. For £200-300 you could get someone to postprocess them and stick them in an album and it would STILL be a very good deal (just not the one you agreed to).

For a reasonable photographer (i dont even mean good, and only one of them) for album AND full access to hi-res DVDs i'd expect to pay in the region of £800-£1000. So

big_white_dog84 · 4 Feb 2011 at 11:19

You have got yourself a bargain here! £580 for dozens of professional pictures is really good. You can now contact another photographer to turn your pictures into an album and get it printed. If this costs another £500 you've still done well.

EDIT - if you chosoe to go down this route remember to send your original dude a recorded delivery letter saying you no longer want him to print your album - otherwise you might end up with a £70 bill.

Double edit - Did you have wedding insurance? if so it might pay out on this......

Smitho3 · 4 Feb 2011 at 11:21

Pug said:
well, i'd disagree slightly but i guess its personal perception.

I'd say its more down to expectation and market prices. You were obviously getting an amazing deal before, probably too amazing hence the guy not coming through on the deal, but even now you are getting a very good deal. I appreciate its the annoyance of someone reneging on a deal, but you REALLY haven't been ripped of. For £200-300 you could get someone to postprocess them and stick them in an album and it would STILL be a very good deal (just not the one you agreed to).

For a reasonable photographer (i dont even mean good, and only one of them) for album AND full access to hi-res DVDs i'd expect to pay in the region of £800-£1000. So

This again is true, the package he gave us is on his website at £1300.00 and would still be a good deal if i went elsewhere to get the post processing done. Surely however it is illegal for someone to not only advertise a deal, but take payment for and confirm the deal, then turn back on the deal after such a point that it is impossible for me to cancel the agreement and go elsewhere?

BunnyKillBot · 4 Feb 2011 at 11:35

Of course you have a legal option, assuming you can prove what work was expected and how the contractor has failed to meet that expectation.

However, what concerns me more than his dodging you, is your lacklustre attempt at resolve! From your original post, you have e-mailed him twice, phoned and presumably met with him once, in the space of an entire year. Asides from twiddling your thumbs waiting for him to get his act together, you don't appear to have done anything constructive to... 'motivate' him.

Hell, if you treated me so gentle and i had other concerns, i would put you on the back burner till the end of the world in 2012.

.Kencs · 4 Feb 2011 at 12:21

Smitho3 said:
This is true, however I would have gladly paid extra if it meant getting what I paid for! He offered us a service, charged us accordingly and has not provided the service, its besided the point how much we paid really.

Did you sign anything or have anything in writing? If not then no, legally you have no leg to stand on.

Raymond Lin · 4 Feb 2011 at 12:26

.Kencs said:
Did you sign anything or have anything in writing? If not then no, legally you have no leg to stand on.

Verbal contract is just as valid, and payment itself is the consideration so he has grounds.

However, it will be drawn out, had he has some "products" already so how much is left from his original payment is difficult to quantify.

.Kencs · 4 Feb 2011 at 12:30

But LEGALLY there is NO proof what was said unless recorded surely?
If he took him to court he wouldn't have a leg to stand on, its like me saying Raymond_Lin promised to give me £1,000 by 3rd Feb, it hasnt been carried out and we had a verbal agrement, isnt that your word against mine?

Yes he has received some products for the money but that still doesnt stand as part of the 'verbal contract' if that is the case...

I'm not a lawyer but did do Law at college if that helps me

Raymond Lin · 4 Feb 2011 at 12:37

.Kencs said:
But LEGALLY there is NO proof what was said unless recorded surely?
If he took him to court he wouldn't have a leg to stand on, its like me saying Raymond_Lin promised to give me £1,000 by 3rd Feb, it hasnt been carried out and we had a verbal agrement, isnt that your word against mine?

Yes he has received some products for the money but that still doesnt stand as part of the 'verbal contract' if that is the case...

I'm not a lawyer but did do Law at college if that helps me

The fact that he has done some work means there was an agreement on his side and the existence of a contract. It is his words against his but he can't deny the existence of the agreement.

.Kencs · 4 Feb 2011 at 12:38

Raymond Lin said:
The fact that he has done some work means there was an agreement on his side and the existence of a contract. It is his words against his but he can't deny the existence of the agreement.

Fair enuff

Smitho3 · 4 Feb 2011 at 12:44

BunnyKillBot said:
Of course you have a legal option, assuming you can prove what work was expected and how the contractor has failed to meet that expectation.

However, what concerns me more than his dodging you, is your lacklustre attempt at resolve! From your original post, you have e-mailed him twice, phoned and presumably met with him once, in the space of an entire year. Asides from twiddling your thumbs waiting for him to get his act together, you don't appear to have done anything constructive to... 'motivate' him.

Hell, if you treated me so gentle and i had other concerns, i would put you on the back burner till the end of the world in 2012.

I have email correspondence that proves the services to be included. The "Lacklustre" approach as you call it was purely down to the fact that I have never been married before, I had no idea how long these things take, we chose a more expensive photo album which was being handmade so would also take longer and of course the photographer has told me that he is having difficulties obtaining the album. Why would I keep calling him if he tells me "It will be ready in about 16 weeks".

I understand your point and it is duly noted as in hindsight I should not have been so trusting that the matter would be resolved within the time scales given but you must understand that he still has to build the album for me, if i go and **** him off he is either going to drag his heals even more or do a shoddy job when he does eventually do it. I see it as a bit of a juggling act between being assertive and being understanding to the situation.