What a weekend!

Soldato
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Good morning ladies and gents :D

After enjoying a monumental Saturday (420 odd miles on my motorcycle with friends), myself and my fiancée decided to go to the coast on Sunday (along with everyone else in the country it seemed!), and picked Ilfracombe – a trip to the venue for our wedding in 2013 was on the cards too (link removed - Tunnels Beaches) :)

Long story short, we won’t be having the wedding there!

Firstly, I know I am stupid – stupid for paying for something without seeing it, for paying without properly researching it, but we both fell in love with this place; and the website and testimonials paint such an amazing picture.... I guess we followed our hearts and not our heads :(

With that grovelling apology out of the way:

Neither myself or my fiancée were as blown away with the venue in the flesh, as we were when we first saw it online – the initial impression was somewhat soiled by the chef sat smoking a fag at the main entrance, this continued to the gates hanging off – held on by push bike locks! I know this is a Victorian venue, but come on....!

As we entered the venue we saw that they had a wedding on at 16:00 – the same time we planned to have ours, and only 15 minutes away, yet all around us were holiday makers plodding towards the beaches in various states of dress – a small wooden shed nestled within the entrance selling tickets, and the romantic tunnel that my Bride was to walk through wasn’t the private secluded passage the website had us envisaging; but a public through-fare.

As we made our way through the tunnel the acoustics meant that we could hear holiday makers having a whale of the time one the beaches – the supposed beaches that the link above says are ‘private’ – and as we exited the tunnel we saw what was to be our venue... behind the cheap and rickety looking wicker partition; leaving no sense of privacy from prying eyes.

Looking around, there were a couple of small ice cream parlour style boards sitting near the entrance to the tunnels, written on (many months ago it seemed) in marker was a warning to the public that the tunnels would close momentarily, to allow the for the precession to pass – but after wards, they would be free to pass.

After having a heart to heart, we both decided that this place, simply wasn’t going to be suitable for our special day – considering the cost of renting the venue itself, I wouldn’t have felt it was unreasonable (again going by the way the website portrays it) to expect that there would be no public admittance.

A lesson learnt I feel, but now on to a further one (hopefully not though) – the deposit.

Our wedding was booked for August 2013, and in May this year, I paid a deposit of £1,500 – though it is stated on their website that deposits will not be refunded under any circumstances, I’m hoping that the fact it is so far away might change their mind; I’m also happy for them to take a fee to cover any admin costs (though I’ve only had emails and possibly one letter from them).

I emailed this morning asking for the refund; I simply stated that we had cancelled and not why – I offered that £100 be taken for admin costs incurred, just have to wait and see what they say now...

The reason for this post? Well, speaking to a local their yesterday (who told us the venue was a dive!) she suggested that if the website was misleading, and they wouldn’t budge of giving a refund, to look at tackling them on ‘misrepresentation’ – do the OcUK public think that this is acceptable? I mean, looking at the link above, two points stand out (to me):

The nice tunnel shot heading the page... looks empty, looks private.... kind of links to the write ups they have about being private.

The fact they list BEACHES as part of the ideal venue for your special day, yet in reality, you only actually get access to one beach and the rest will be taken up by the public... god knows what the noise would be like as the ceremony is taking place :(

I’m just feeling a little cheated... I know I know, I should have been more careful, especially for such a important day, and (potentially) one of the most costly things in our life, but with what I have seen in the flesh and that lady’s advice ringing in my ears... do I have a leg to stand on?

Thanks for taking the time to read.
 
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I think, if you make a great case for the place being wholly unsuitable for what they advertise you could badger them into a full refund. Post your letter here if you want a hand polishing it for maximum impact!
 
I think, if you make a great case for the place being wholly unsuitable for what they advertise you could badger them into a full refund. Post your letter here if you want a hand polishing it for maximum impact!

I'm hoping it won't get that far, but I'll bear that in mind :)

Did you take pictures yourself to give evidence of it being quite misleading?

Sadly no, in hindsight we should have, I guess we were just caught up in the initial excitment of being at 'our' venue, then the overwhelming disappointment - it never occurred to us to take photos :(
 
You might stand a chance if they truly have misrepresented it. But you will need to build a strong case with actual evidence such as photo's and video's. Ultimately you should probably discuss with the trading standards or CAB. Also, did you pay by credit card? If so then you will have some redress from them, as they are jointly liable for the transaction under section 75 of the Consumer Credit Act 1974.

However you will need to prove it has been misrepresented, using facts.

As above, it's worth posting your letter up here for critique before sending.
 
You might stand a chance if they truly have misrepresented it. But you will need to build a strong case with actual evidence such as photo's and video's. Ultimately you should probably discuss with the trading standards or CAB. Also, did you pay by credit card? If so then you will have some redress from them, as they are jointly liable for the transaction under section 75 of the Consumer Credit Act 1974.

However you will need to prove it has been misrepresented, using facts.

As above, it's worth posting your letter up here for critique before sending.

I did indeed pay by credit card, so hopefully that will help me.

I need to work on these facts I think - I know I'm probably clutching at straws with the things we found, but it's supposed to be one of the greatest days of your life, so it's not unreasonable to expect certain things I think.

Thanks for all the posts so far guys... with any luck, the venue will take off an admin fee and pay back the rest (here's hoping!)
 
[FnG]magnolia;20208964 said:
Several lawyers post here - some qualified, others studying - so hopefully one of them can give you an idea of what you could do :)

Yeah, that's what I really like about these forums, always good advice when it comes to serious stuff :)
 
Just been having a little look around the website and on "The Venue" page it mentions their own private beach, rather than the plural which is stated on the page linked to.

The website annoys me before I've even started, anywhere that capitalises words so you KNOW what the IMPORTANT information is bugs me and as for unique - every location is unique because you can't have two places occupying the same physical area. However this helps you not a jot now.

If they do cause an issue about giving you a refund despite your offer over admin costs then I'd suggest looking at the Unfair Contract Terms Act 1977 (and any subsequent amendments) from which various rulings have stemmed leading to a development of tests including the relative bargaining strengths of the parties in relation to the reasonableness of terms i.e. here you are a consumer and the requirement for a full deposit with no refund may well fail in regard to reasonableness.

You can certainly try under misrepresentation but I'd have thought it was somewhat more liable to be subjective than a claim under the UCTA. It doesn't hurt to advance multiple potential legal arguments but I'd advise generally it's best to go with the simplest first as it's more likely to succeed, good luck either way.
 
sorry but i don't think you have a leg to stand on, they will just say you should have checked in person first before putting a deposit down.

i'd just try and grovel all you can first and be really sincere, but if they can't afford to fix a gate properly i doub't they'll give you your deposit back when they are not obliged to do so :(

when I got married I made a couple of "expensive" misjudgements so I know the gutwrenching feeling, but none to the value of £1.5k thankfully :(
 
Once the website owners check the logs for the website, they will see loads of hits coming from this thread.

Maybe it might be worthwhile taking the link out and replacing it with the website name.
 
Just been having a little look around the website and on "The Venue" page it mentions their own private beach, rather than the plural which is stated on the page linked to.

The website annoys me before I've even started, anywhere that capitalises words so you KNOW what the IMPORTANT information is bugs me and as for unique - every location is unique because you can't have two places occupying the same physical area. However this helps you not a jot now.

If they do cause an issue about giving you a refund despite your offer over admin costs then I'd suggest looking at the Unfair Contract Terms Act 1977 (and any subsequent amendments) from which various rulings have stemmed leading to a development of tests including the relative bargaining strengths of the parties in relation to the reasonableness of terms i.e. here you are a consumer and the requirement for a full deposit with no refund may well fail in regard to reasonableness.

You can certainly try under misrepresentation but I'd have thought it was somewhat more liable to be subjective than a claim under the UCTA. It doesn't hurt to advance multiple potential legal arguments but I'd advise generally it's best to go with the simplest first as it's more likely to succeed, good luck either way.

That's brilliant, thanks for the advice :)

looks nice.

What we thought :(

Once the website owners check the logs for the website, they will see loads of hits coming from this thread.

Maybe it might be worthwhile taking the link out and replacing it with the website name.

Never thought of this either, I'll edit the link and replace with the name - hopefully it doesn't break any rules...

I'm genuinely shocked that anyone would book a wedding venue, and put down such a large deposit, without seeing it for themselves (or getting recommendations from good friends, at a stretch). Bristol --> Ilfracombe isn't even that far!

It's hard to explain really, we both simply fell in love with the venue - when we were looking one evening, we stumbled across their website, and it was the first one that actually gave you costs – not just “POA” or a hook to get your details. We both liked the apparent honesty of the place, the fact they gave a blow by blow pricing for your ‘average’ doo, and the photos were stunning... like I said above (or to someone recently) we followed our hearts and not our heads :(

I’ve accepted I may lose the deposit in its entirety and I’m fine with that – sure the money would be handy to have back, but ultimately I have been the one who was foolish enough to go ahead booking it all up, and this place is a business, not a charity.
 
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