Author Topic: A bit of legal advice!  (Read 3631 times)

Offline bored_Welsh_lad

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Re: A bit of legal advice!
« Reply #10 on: 23 April 2012, 19:51 »
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?


So she was handed a pack with the T&C's in it.. I would say that its down to her to read them then. End of the day as harsh as it sounds they are trying to run a business.

As for the verbal side of it, I am in the middle of taken the agency who run my property to court because they have f**ked up on several counts, some of these being verbal contracts but as my solicitor tells me.. They are still binding at the end of the day.
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Offline clipperjay

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Re: A bit of legal advice!
« Reply #11 on: 23 April 2012, 20:03 »
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?


So she was handed a pack with the T&C's in it.. I would say that its down to her to read them then. End of the day as harsh as it sounds they are trying to run a business.

As for the verbal side of it, I am in the middle of taken the agency who run my property to court because they have f**ked up on several counts, some of these being verbal contracts but as my solicitor tells me.. They are still binding at the end of the day.

Not being funny but when I recieve a pack I usually get my copy of the contract, they didn't give any explanation and never signed a thing?
So that said all my client knew was the deposit was at risk?
After all once its been finallised she would sign the contract and return it signed if she was to proceed?
She understands there is a business to run, but thats what £500 deposit takes care of?
Also TBF 40% when there is over 60 days left is steep over other hotels offering 25% retention over the same period?
 
 

Offline bored_Welsh_lad

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Re: A bit of legal advice!
« Reply #12 on: 23 April 2012, 20:34 »
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?


So she was handed a pack with the T&C's in it.. I would say that its down to her to read them then. End of the day as harsh as it sounds they are trying to run a business.

As for the verbal side of it, I am in the middle of taken the agency who run my property to court because they have f**ked up on several counts, some of these being verbal contracts but as my solicitor tells me.. They are still binding at the end of the day.

Not being funny but when I recieve a pack I usually get my copy of the contract, they didn't give any explanation and never signed a thing?
So that said all my client knew was the deposit was at risk?
After all once its been finallised she would sign the contract and return it signed if she was to proceed?
She understands there is a business to run, but thats what £500 deposit takes care of?
Also TBF 40% when there is over 60 days left is steep over other hotels offering 25% retention over the same period?
 
 

When I was shopping around for a venue some of them were saying that if you pulled out with 6 months to go you have to cover 50% and then if it was 3 months it was 75%.. I'm not trying to be a cnut here. I am just trying to be real about it. I did sign a contract when it came to my booking, I don't know why they haven't.. All I am saying is that a verbal contract is as legally binding as a written one and they were handed the T&C's plus paid a deposit which I would say is accepting those T&C's.

Mk3 Golf Gti:Full Milltek system and Decat,K&N filter,mk2 Cam,-1.5 degree camber shims, borbet a's, toyo proxies,hot tuning coils, brembo vented discs, greenstuff pads...Soon to have Eaton Power

mk3 16v 5dr Gti,mintex extreme pads,drilled/grooved discs,lowered,cat back powerflow system,omp panel filter with modified airbox,debadged grill, started prep for spraying, lots to come :D

Bumper Vents :D

Offline JC

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Re: A bit of legal advice!
« Reply #13 on: 23 April 2012, 20:39 »
afraid to say , having had a daughter pull the plug on her wedding, B W L is right.

when going round the venues etc, all prices, whats included etc etc is discussed in DETAIL, you then pay a deposit thus a contract is agreed.

if a reciept is given for the deposit then thats all the paperwork they are liable to need.



Offline clipperjay

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Re: A bit of legal advice!
« Reply #14 on: 23 April 2012, 20:45 »
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?


So she was handed a pack with the T&C's in it.. I would say that its down to her to read them then. End of the day as harsh as it sounds they are trying to run a business.

As for the verbal side of it, I am in the middle of taken the agency who run my property to court because they have f**ked up on several counts, some of these being verbal contracts but as my solicitor tells me.. They are still binding at the end of the day.

Not being funny but when I recieve a pack I usually get my copy of the contract, they didn't give any explanation and never signed a thing?
So that said all my client knew was the deposit was at risk?
After all once its been finallised she would sign the contract and return it signed if she was to proceed?
She understands there is a business to run, but thats what £500 deposit takes care of?
Also TBF 40% when there is over 60 days left is steep over other hotels offering 25% retention over the same period?
 
 

When I was shopping around for a venue some of them were saying that if you pulled out with 6 months to go you have to cover 50% and then if it was 3 months it was 75%.. I'm not trying to be a cnut here. I am just trying to be real about it. I did sign a contract when it came to my booking, I don't know why they haven't.. All I am saying is that a verbal contract is as legally binding as a written one and they were handed the T&C's plus paid a deposit which I would say is accepting those T&C's.



I appreciate your unbias point of view so we know what to expect, but even you say you signed a contract and T&C were explained very clearly as their T&C are bloody steep! :shocked:
I think if they were to legally pursue it it would fail due to the non signing of any contract which is why this is confusing the hell out of me. There should be a contract to protect the hotel and the parties hiring the venue?
 I'm supposed to have a confrence call with the couple to establish what actually happened on the day of the deposit???
Damage limitation will be my final suggestion offer 25% and end the stand off if it comes to it?
The manager of the hotel was away this weekend so they are waiting to hear back from him, but if I'm right he knows already and is waiting for them to give in.

Chuff its a hard one 4K is actually the figure at stake here?
 

Offline bored_Welsh_lad

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Re: A bit of legal advice!
« Reply #15 on: 23 April 2012, 20:46 »
afraid to say , having had a daughter pull the plug on her wedding, B W L is right.

when going round the venues etc, all prices, whats included etc etc is discussed in DETAIL, you then pay a deposit thus a contract is agreed.

if a reciept is given for the deposit then thats all the paperwork they are liable to need.




I went through the same thing Chuff.. But I pulled the plug!Plus I then had to buy my Ex out the house too.. Still paying for it now
Mk3 Golf Gti:Full Milltek system and Decat,K&N filter,mk2 Cam,-1.5 degree camber shims, borbet a's, toyo proxies,hot tuning coils, brembo vented discs, greenstuff pads...Soon to have Eaton Power

mk3 16v 5dr Gti,mintex extreme pads,drilled/grooved discs,lowered,cat back powerflow system,omp panel filter with modified airbox,debadged grill, started prep for spraying, lots to come :D

Bumper Vents :D

Offline clipperjay

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Re: A bit of legal advice!
« Reply #16 on: 23 April 2012, 21:01 »
http://www.cheap-wedding-success.co.uk/wedding-scams.html

Everything I have read states a contract and this situation doesnt have one?

Offline golf-sib

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Re: A bit of legal advice!
« Reply #17 on: 23 April 2012, 21:02 »
PM elvi on here, he went to law school and is quite familiar with contracts.

I would of thought you are bound to a contract by orally agreeing on the venue and depositing the money, plus going to court would be my last means of doing so as it becomes out of your control and in the hands of a judge and costs could stock pile more.


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Offline JC

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Re: A bit of legal advice!
« Reply #18 on: 23 April 2012, 21:05 »
oh i understand jay, i know how much it cost me.  :cry:

then the wedding dress  :lipsrsealed:

Offline AudiA8Quattro

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Re: A bit of legal advice!
« Reply #19 on: 23 April 2012, 21:06 »
She has a solicitor?
Surely better to ask him..
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