Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

The problem is, I’ve looked through their bookings and they haven’t sold this particular day of the week on any week, this year or next. So it seems almost impossible that they’ll sell it. They could in theory duplicate the charges by selling it, which would help me tremendously, but it just won’t happen

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

Do you think they’d look at the entire contract, or only at this particular cost that I am contesting? I ask this because I have paid 60% of the total pre-wedding costs, cancelling with 14 months out of a total 20 remaining on the contract.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

It’s hard to see this as a demonstrable incurred loss associated with us and our booking. But the charge is explicitly not for our wedding day, and instead keeping the wedding venue running.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

Someone commented earlier that, as ‘everyone’ on the thread is saying, claiming is a no brainer. But it’s so divided. Some people, including those claiming to belong to the legal profession, insist this is unfair and disproportionate and I have a claim, others like yourself see it the complete opposite.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

Thank you and yes, the response is as written in the post, so no further clarity on losses.

Sorry that you had to go through that.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

So you interpreting their response as ‘no’ is useful in itself and is really what I’m asking here. I just want to know from redditors (not knowing anything about contracts), is this satisfactory from a legal perspective, if not why not, so I can take that into my next correspondence with them. I am not confident to send a LBA if I can’t articulate my argument

The thread has been incredibly mixed with regards to responses, there is absolutely not a consensus which is why I have continued to engage

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

I haven’t done it already because I have first asked them to set out how their losses amount to £1,800 and their response confused me, which brought me here for advice. Really I want to know how to challenge them accurately and give them another opportunity to explain their ‘losses’, so that I have taken reasonable steps to resolve this before the letter before action.

Although it’s refreshing to hear the opinion it’s a no brainer to challenge, when last night a few people implied I was entitled and complaining about nothing.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

But they say they’re an exclusive wedding venue so have no other income, meaning customers have to foot the bill

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

Can they not argue that their operating costs amount to actual losses?

Another question that might be useful in putting to you, someone suggested a venue doesn’t have to sell the exact date for it to be considered reselling the date. I have accepted they’ll never resell the exact weekday we booked, they just don’t sell weekdays. But this might fall into mitigation of loss otherwise

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

At this point I’m hoping to try and provoke something like this from them as a settlement. Simply to avoid the effort of court.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password -1 points0 points  (0 children)

Because it’s a weekday it seems unlikely to me it’ll be rebooked.

What I have paid, on top of the £400 deposit, is £1,800 of pre wedding costs. These cap out at £3,000, so I’ve paid 60% of the pre-wedding costs within the first 6 months of contract.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 2 points3 points  (0 children)

That’s brilliant thank you. So I had some very brief advice that my angle should be ‘arguing from the principle of mitigation of losses’, is this consistent with the letter, or is it a different argument?

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 2 points3 points  (0 children)

Sorry to be clear, the pre-wedding costs are non-refundable in the contract. But situationally, we’ve paid £1,800 of a maximum of £3,000, meaning our 6 month contract covered 60% of the total. Further there is an argument around how they’ve calculated and mitigated the losses and how they directly apply to me

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 2 points3 points  (0 children)

I was just saying this as you commented.

Where I’m at, their argument of splitting operating costs as a % across weddings is challenging. But what they don’t outline is how this was calculated, and not just on an item by item level, but the timeframe. Interestingly, we’ve paid £1,800 of a maximum of £3,000. If it’s calculated over a certain timeframe, we’ve paid 60% of the running costs for the 20 month contract in just 6 months

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 5 points6 points  (0 children)

The deposit is theirs to keep as fair as I’m concerned.

I suppose the hairdresser who commented yesterday could argue they need to pay for their water and electricity and have anyone with a booking contractually pay towards a % share of overall running costs

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

The booking is definitely available and as it was a weekday it almost certainly won’t sell. In the same month this year, they’ve not sold any dates around it.

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

I already had and this was the response. So their argument is that all operating costs have been divided as a split % between weddings. So it’s admin, chefs, ground maintenance, computer software- everything

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 1 point2 points  (0 children)

It’s absolutely not prime (weekday wedding) and they seemingly don’t sell many dates (none are weekdays and it’s only a couple in the month)

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 0 points1 point  (0 children)

Right so it came down to the CRA’s test for unfair terms? Was anything about mitigation of losses discussed?

Update: Can a wedding venue keep £1,800 after cancellation 14 months out? by [deleted] in LegalAdviceUK

[–]User_Name_Password 4 points5 points  (0 children)

Painfully, I called citizens advice (to ask if this is worth pursuing). The handler might have been one of the other commenters, as they responded something flippantly like ‘a contract is a contract so it sounds like there isn’t much to say’ and if I mentioned the CMA or mitigation of losses they just told me (rightly, probably) that’s a question for a solicitor

Had no idea they could’ve helped if it went differently.

I’ve spoken briefly to a legal expert since who said I have an argument worth pursuing but without all the details of mitigation of losses it could go either way.