Did the vendor provide the service after the date was moved due to Covid restrictions? | Lawhive - Solicitors & Lawyers Online
Did the vendor provide the service after the date was moved due to Covid restrictions?
During covid i had a contract with a vendor to provide a service at my wedding. We spoke, agreed on the service, price, dates, and had a signed agreement. When covid reared its ugly head restrictions were put in place which meant the wedding couldn't go ahead. Most of our vendors were fine, but this one initially tried to claim it was an act of god so we would need to pay all over again. Eventually we arranged over email to move the dates without paying again. Unfortunately for us as the second date of our wedding approached there was a other wave of lock downs, meaning the wedding wasn't allowed to go though again. We contacted all of our vendors and arranged for yet another new date. This time even this vendor agreed to move the date without any fuss. There was no signed agreement for this date move, just an agreement via email. Now we draw close to my wedding, for a third time, and we go around double checking with vendors that all if well. When we message this particular vendor they initially day they have no arranged dates for us. After some digging on their side they give us an email they say was sent a couple of days after our exchange to move the dates for the second time. This new email states they misunderstood what we were asking and actually can't rearrange for that date because "they do not offer rearrangements past the year of 2021". I never received this email, I keep a record of all my emails going back a very long time. I'm not sure if this email was ever actually sent or not, but it certainly never arrived. By their own admission that was the last email they ever sent, over a year ago. Never any further attempt to contact me or resolve the dates. One and done. The real issue is I've already paid them the full amount as well as a deposit (because they required full amount paid 4 weeks before the service was given, that's how short notice my original wedding was canceled by covid). I don't trust this company, they won't agree to provide any services, they said best they can offer is a 25% discount on current prices, and they won't return the £2k I already paid. I have a refusal from their side, I want to approach an ombudsman to help resolve, and failing that move to small claims court. Is there anything else I should be doing? Important details: - I live in England, the wedding was to take place in England, and the company is based in england EDIT: They're currently claiming it was an act of god so no compensation is required. What's the easiest way to make them understand that it was an act of the government that made it illegal to go ahead, not god...

Raymond Toolson

20th October 2021

+46

49 upvotes

Top Answer
Part of me would be tempted to say that if they didn't rearrange from the second date then is there any evidence they showed up on the second date and even *attempted* to fulfill their agreement? If they didn't show up on the 2nd date (regardless of the event going ahead or not) then they are either: A - responsible for arranging a new date with you, given that you have paid for a service they didn't provide Or B - guilty of not showing up on the *agreed* date (as the new date was not accepted)

Brenda Davis

11th February 2022

+63

66 upvotes

Do you have any contract or term and conditions from when you first hired them?

Patti Shields

11th February 2022

+5

8 upvotes

This sounds like you want to take them straight to small claims if they won't return the money. May want to get all your evidence together for this now

Hubert Campbell

11th February 2022

+6

9 upvotes

If you get a claim awarded against them, get it transferred to the high court, then get the sheriff's onto them. Don't give them enough time to "shut down/rebrand" the company to try and get out of it

William Diaz

11th February 2022

3 upvotes

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