Do I have a leg to stand on?

Crystal Jewels · Sep 15, 2008

I can't go into great detail, but here is the short version of it ...

I enquired about some ones services. Person gave a good pitch and gave me a 'special' price.

I agreed to this price. However because I have a low budget I asked if I dould pay a deposit and then make 2 other payments after work was finished. Person agreed to this. Promised to have samples back to me by the begining of the following week.

I gave a brief and istock images I had purchased.

Samples were not delivered when promised. A couple of days later I had an email 'apologising' for this. While I understood that because of my 'reduced rate' I would be at the bottom of the pile of importance, this did annoy me slightly.

I recieve an email with samples on late today.

These samples I am less than happy with. Althought this is not the problem.

In reply to this email I state that I have changed my mind and want to stick to my original design, apologies and ask kindly for my deposit in return.

In responce to my email I got a very lenghty, well worded email basically saying 'NO!'

JoyDivision · Sep 15, 2008

My understanding that the deposit covers this sort of thing. However if the goods are not upto standard you might have a case but I would imagine it is a legal mind field.

Crystal Jewels · Sep 15, 2008

Thats what I thought.

JoyDivision said:
My understanding that the deposit covers this sort of thing. However if the goods are not upto standard you might have a case but I would imagine it is a legal mind field.

crossdaz · Sep 15, 2008

Crystal Jewels said:
Samples were not delivered when promised. A couple of days later I had an email 'apologising' for this. While I understood that because of my 'reduced rate' I would be at the bottom of the pile of importance, this did annoy me slightly.
I recieve an email with samples on late today.
These samples I am less than happy with. Althought this is not the problem.

Unless there is a substantial amount of money involved you might just have to let it go?
You could have a good case in the small claims court but it's a lot of hassle and if this guy wants to get awkward then it just isn't worth pursuing?

You don't have to tell him that though, so at least send a formal letter threatening legal action (a long shot, but worth the effort).

Eagle · Sep 15, 2008

Pay peanuts.... get monkeys.

What were the terms of your agreement?

Crystal Jewels · Sep 15, 2008

I spoke to some one I work with on my promoting my business, about this today. And according to them what I paid for this service was far from 'peanuts'

However the deposit wasn't huge. It's still a chunk out of my budget.

And I get the feeling that this person could get very awkward if pushed.

Eagle said:
Pay peanuts.... get monkeys.

What were the terms of your agreement?

mahutchinson · Sep 17, 2008

You are implying that you changed your mind with regard to the design. If that's true then obviously the case is greatly weakened.

Crystal Jewels · Sep 17, 2008

I've changed my mind in regards to him doing the job.

Eagle · Sep 17, 2008

Crystal Jewels said:
I've changed my mind in regards to him doing the job.

The fact that you've paid a deposit implies that you formally hired him. Unless your contract expressly mentions a get-out clause for the client, I think you're on a sticky wicket.

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Do I have a leg to stand on?

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