A bit of legal advice!

[clipperjay]

A friends sister is getting married she put a deposit down on the Hall in a hotel and paid by debit card and got a receipt this was back in Feb this year.
She has changed her mind and has forgone her deposit, but the hotel is trying it saying she owes then 40% of the final price of like 5K.
She has a solicitor which said unless she signed a contract to say and accept the terms and conditions she is not liable?
The question is the receipt she got does that tie her into the so called contract?

As they are getting arsy about it I've said screw them and they should contact her solicitors if they want to pursue the issue?
Where does she stand as she has not signed anything!
The terms and conditions did say after 60 days she is liable for 40%, but she was told this and not been given anything on paper to sign or read?
 

[cullygti]

im no solicitor but if it aint on paper then i dont think they can do anything i always thought that the deposit would be the thing you lose and thats it

[clipperjay]

im no solicitor but if it aint on paper then i dont think they can do anything i always thought that the deposit would be the thing you lose and thats it

Well thats what I said, everyone changes there mind in weddings funerals etc thats why I thought as they havent got caterers in prepared the food in prior to four months of having the reception?

I think they are trying it, and I can't get involved as its my best mates sister, but wanted some clarification on the legal bit? 

[Mr GTD]

Yep as long as she didn't sign anything all she wud lose is the deposit...

[bored_Welsh_lad]

Pretty sure a verbal contract is binding and as long as it was explained she is liable...

[Seanl]

I'm pretty sure she could say she was never made aware of their terms and conditions so was unaware of it. Her word against theirs at the end of the day. 

[clipperjay]

Pretty sure a verbal contract is binding and as long as it was explained she is liable...

I dont think she was verbally told about the terms and condtions I thought in this day and age she has to sign something she understands from a legal point? Just dont know where they stand but common sense says you loose deposit not fking 2K worth?

[justalex81]

i would say that without a signed and witnessed contract, the hotel would find it very difficult to pursue it legally. You could argue that the legal obligations were not explained by someone who was qualified to do so, and that she didn't understand the terms correctly.

[clipperjay]

i would say that without a signed and witnessed contract, the hotel would find it very difficult to pursue it legally. You could argue that the legal obligations were not explained by someone who was qualified to do so, and that she didn't understand the terms correctly.

Yes Alex thats my take on it!
She did recieve a pack with the terms and conditions, but it was all confusing to them and none of it was explained at all! But she definitly did not sign anything!

I'm thinking about finding some sort of association with weddings and such and use that as a leverage for him to threaten them with non compliance of explaining such terms and conditions when this kind of money is involved?

[clipperjay]

I'm pretty sure she could say she was never made aware of their terms and conditions so was unaware of it. Her word against theirs at the end of the day. 

Thats the best we can hope for and the legal costs will be bigger than the £500 they already have