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Getting deposit back from wedding photographer - advise needed

post #1 of 18
8/20/09 at 11:39am
Thread Starter 
Hello -

Need some advise on my situation.
So we booked this photographer for our upcoming wedding ( wedding is in 2 weeks, but we booked the photographer 1 year ago). We gave her a deposit of $1200 when we booked her.

I am trying to get this money back and not use her becuase there are things that have happaned lately making use nervous about their viablity. First their communication was very sporadic and slow. Then about a month ago we found out their office was closed @ the original location and they relocated and the phone number we had for them was disconneted. We found out their new location and contact only by repeatedly emailing the owner. So it seemed very shady that she did not inform us and we had to find out on our own.

Then I realized they now operate under a different name, and google searches of them turn up many negative comments ranging from not delivering the albums after 1 year to just plain not responding after the wedding. There was also rumor that they were being bought out that's why they are now under a different name. Even on the reply email, the owner admitted to us that "things have been diffcult, but its getting better".

Lucky, we were able to locate a different photograher that has our wedding day open for shoot.

So my question is, what my chances of getting this $1200 back? Do I have a case in small claims court since they technically operate under a different business now?

any advise is appreciated,

thanks
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post #2 of 18
8/20/09 at 11:41am
Probably not. That's the point of a deposit. To make sure you don't do something like this.
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post #3 of 18
8/20/09 at 11:46am
You're in a tough spot. I doubt you'd have a legal claim unless and until they failed to show up/deliver on what they promised. You entered a contract with this woman and, though things are looking shady, from the sounds of it she hasn't failed to live up to her obligations in any way. Yet.

Try to pay them a visit in person?
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post #4 of 18
8/20/09 at 11:49am
Quote:
Originally Posted by Sherman90 View Post
You're in a tough spot. I doubt you'd have a legal claim unless and until they failed to show up/deliver on what they promised. You entered a contract with this woman and, though things are looking shady, from the sounds of it she hasn't failed to live up to her obligations in any way. Yet.

Try to pay them a visit in person?
+1. Visit them if you can.
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post #5 of 18
8/20/09 at 11:49am
Quote:
Originally Posted by MetroStyles View Post
Probably not. That's the point of a deposit. To make sure you don't do something like this.

Agreed. If the business name changed but the legal entity remained the same, you would have to prove some breach of contract (... you have a contract, right?) to really argue this in a small-claims court. Qualms won't cut it.

If you're truly worried that they will not take pictures properly / deliver them on time, you should hedge your bets and get another wedding photographer (with a considerably smaller deposit and the option to cancel) as well, and then take the time to file suit after the wedding should #1 fail to deliver the deliverables.
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post #6 of 18
8/20/09 at 11:58am
Thread Starter 
I am actually going after work today to pay them a visit, but they don't know I am going to ask my deposit back.

I already booked another photographer, and we actually paying him part of it on wedding day when he shows up to shoot, and full when we get our albums.

I was kinda afriad that my initial deposit might be lost , but I am not willing to jepordize more of my money and our wedding memory to find out if she will fulfill her end of the bargain or not.
My guess is , she is in some sort of finacial strain and try hard to keep her business, but I don't want to stick around to find out , that's why I made this decision to go with another photographer.
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post #7 of 18
8/26/09 at 5:07pm
Thread Starter 
So I met with the woman, she gave me some excuse saying the original location flooded and she had to move on the quick.

Anyway, she offered to give me the deposit back in the form of store credit, she wouldn't refund the cash.

Should I accept this? If so, what kinda of things could I spend on ( I paid her $1200)
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post #8 of 18
8/26/09 at 5:10pm
Sell it on B&S Forum for $1300.
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post #9 of 18
8/26/09 at 5:10pm
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post #10 of 18
8/26/09 at 5:12pm
Quote:
Originally Posted by SuitingStyle View Post
So I met with the woman, she gave me some excuse saying the original location flooded and she had to move on the quick.

Anyway, she offered to give me the deposit back in the form of store credit, she wouldn't refund the cash.

Should I accept this? If so, what kinda of things could I spend on ( I paid her $1200)
If she is still in business, and does a good job, then why not have her do the photos?
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post #11 of 18
8/26/09 at 5:13pm
get this resolved as soon as you can. a deposit is for both to carry out their promised ends but if they do that you are definitely entitled to get it back i hope you have a receipt or some record.

wedding planning is stressful enough but this can infuriate, let us know how it is settled. i hope you get it all back plain and simple.
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post #12 of 18
8/26/09 at 5:14pm
Thread Starter 
Quote:
Originally Posted by JayJay View Post
If she is still in business, and does a good job, then why not have her do the photos?

b/c I don't have the confidance she will be in business 1 year from now , and I will be able to get my albums.

I was thinking maybe just getting some blank lether bound full sized albums and call it a day, and give them to the new photographer I hired and let him complete some additional albums for me, good idea?
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post #13 of 18
8/26/09 at 9:08pm
Are you in Seattle? If you are then I have an idea!
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post #14 of 18
8/26/09 at 9:10pm
Quote:
Originally Posted by SuitingStyle View Post
So I met with the woman, she gave me some excuse saying the original location flooded and she had to move on the quick.

Anyway, she offered to give me the deposit back in the form of store credit, she wouldn't refund the cash.

Should I accept this? If so, what kinda of things could I spend on ( I paid her $1200)

this doesnt sound too good.

i mean, after wedding photos with someone else, what else are you going to use this woman for? baby photos? perhaps, but usually that is done with a person you know like the person doing your wedding.
and who knows she will be around to do your baby photos. you want your 1200 strapped up with her all that time?

i would demand a full refund of the money, i know she may be going through some financial duress, but this is a business.
1200 is alot of money to be strapped with someone with whom you have no idea what to spend it on and will eventually be just a waste. (sounds so much like Gilt groupe)

i have a brookstone credit for 90 bux that i have since beginning this year and every time i go to the mall, i stop by to see if they have anything worthwhile, and it disappoints me that even to this day i have 90bux i cannot pull out because it is wrapped up in some useless brookstone credit. (perhaps i will use it to buy xmas gifts later this year, but in your situation 1200 bux?? oh man)
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post #15 of 18
8/26/09 at 9:19pm
actually i should have read the first op more carefully.

i think you should have confirmed the ability to get your deposit back first before making steps to arrange with another photographer. or just face the fact that you may have lost the deposit.

seems like this may be your onus actually as you based on your concerns (and they are merited concerns) pulled out.
i think she did decently by giving you a store credit.
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