No Longer Trading

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Witcher

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Darren
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Hi all, a question i am hoping someone could help with

A Family friend employed a photographer to cater for their wedding, photos were taken, samples given along with a cd with a slideshow

number of years have passed and the friend has tried and tried to get the photos they have paid for

however it seems the photographer has ceased trading, and has stopped responding to my friend, how can they get their photos they have paid for ?

she cannot remember if she has signed a contract, as its been sometime, what can they do ?, thanks:|
 
depends on what they paid for - if they paid for a CD slideshow then the contract has been fufilled. if they paid for prints or digital images then the contract has not.
 
if they have not got what they payed for

best thing to do is get face to face its hard for someone to ignore if your infront of them maybe then they will get there pics but tell them to be polite but firm dont want the police involved if arguments start ect
 
I would say very little. Why did the friend not get photos sooner? If the person has ceased trading and it was a limited company I dont think you will have much chance, if a sole trader you could take action but the costs invloved initally would beg the question, is it worth it?
 
... but if there is no contract then there is nothing to fulfil ...

and no evidence of what has to be supplied.
 
It does beg the question of why has 'your friend' waited a number of years before pursuing it. Surely the photos should have been obtained within a couple of weeks of the wedding.
 
Surely they must remember signing a contract, But, its not worth the paper its written on in this case.
 
I am unsure of the reason, why the she has waited so long to contact the photographer, but the contract if she had one is far from fulfilled, she paid for the images and prints and got a slideshow cd which is locked for editing by the photographer

the person a freelance photographer has just decided not to continue, she has attempted to contact her numerous times over the months/years, the wedding was in late 2007

i will suggest she visit the photographer and ask for the images
 
Witcher said:
the wedding was in late 2007

i will suggest she visit the photographer and ask for the images
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Good luck with that, she has waited 5 years, has no contract, the business has ceased trading and the photographer hasn't responded to other communication.

That trip seems like a waste of petrol to me.
 
Does the photographer even live at the same address? Could have moved years ago. I think 5 years is a tad too long to wait to get a positive outcome.
 
I'm courious why it's taken 5 years for the couple to start chasing the images, I'm guessing theres another side to this story, was there a dispute or payment issue?.
The danger now is the photographer has moved or even lost/destroyed the originals, even if she's willing to hand them over it may be impossible to find here.
 
I have to question why its taken so long to chase. I would have been on the case after weeks, let alone years!!! I would say its highly unlikely they have the images, after all, it would only take 5 mins to burn to cd and send them and get customer off their back.
 
SimonTALM said:
Given the forum is basically anonymous I would suggest there is little to gain for a person hiding behind "a friend"
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I think a lot of people still feel shame and embarrassment even with only a user name. Admitting to doing a stupid thing even anonymously can be hard for many.
 
Then they need some sort of counselling forum maybe (anonymous obviously!)
 
I simply find this an amazing thread. In the OP we find out that samples, a CD and a slideshow have been given.
If photos were ordered at the time, then why has it taken five years to get them, and if the tog has gone out of business, then how on earth is anything going to be achieved now?
 
I think some key information must be missing here that when provided may make the situation easier to understand?
 
ernesto said:
I think some key information must be missing here that when provided may make the situation easier to understand?
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indeed
I think there is far more to this than has posted and we only have part of one side of the story
 
ernesto said:
I think some key information must be missing here that when provided may make the situation easier to understand?
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Isn't that the general rule with requests for help on forums?

Only report 60% of the situation (no more than 40% truthfully) and omit at least one key piece of information.
 
Alastair said:
Isn't that the general rule with requests for help on forums?

Only report 60% of the situation (no more than 40% truthfully) and omit at least one key piece of information.
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:lol: :lol:
 
My guess is the couple waited a few years to get the photos and by then the prices had changed, then there was a dispute, now a few years later the photographer died/moved whatever.

But I may be wrong.
 
seems very strange
however, the details of the photographer, even one still snapping as an amateur would find you their facebook/flickr/website and a method of contact
it's rare that someone would drop the hobby completely and disappear from the face of the earth. not impossible...but less likely.
 
Witcher said:
Hi all, a question i am hoping someone could help with

A Family friend employed a photographer to cater for their wedding, photos were taken, samples given along with a cd with a slideshow

number of years have passed and the friend has tried and tried to get the photos they have paid for

however it seems the photographer has ceased trading, and has stopped responding to my friend, how can they get their photos they have paid for ?

she cannot remember if she has signed a contract, as its been sometime, what can they do ?, thanks:|
Click to expand...

Forget it. You're " friend " needs to move on
 
Zoomboxer said:
... but if there is no contract then there is nothing to fulfil ...

and no evidence of what has to be supplied.
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The OP suggested only that there was no signed contract. That does not mean there is no contract.

Verbal or implied contracts are still enforcable under English & Welsh law (and indeed, Scottish too) - it's just a bit harder to prove.
 
to be fair he does say that his 'freind' has "tried and tried" to get the photos - which suggests they didnt leave it for 5 years , more they have been trying for 5 years.

I would virtually guarantee that this is going to be a 'differing expectations with no written contract to clarify' situation

the 'freind' thinks they havent got the 'photos to which they are entitled' while the tog thinks they were paid to cover the wedding and provide a slideshow with prints and/or a rights released cd being extra.

therefore the reason they havent got the photos is because they havent paid the additional price for them, and if they've been arguing about it for 5 years the chances of a resolution now are slim.
 
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Are we sure the photographer wasn't providing the sausage rolls?
 
Think the moose has hit this one on the head. They should either have escalated it to legal action or dropped it altogether by now - a "oh yes you did / oh no I didn't" pantomime played out over 5 tedious years has just wasted everyone's time. The tog probably ditched the company and started a new one to leave the liability behind!
 
Ploddles said:
There are always 'ways and means' of getting the images off if you are savvy enough.
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true - but if the tog had any sense he'll have resized all the shots on the slideshow to 600x800 so even if you do rip pics off you still won't have the high res versions
 
It was a joke based on the comment above mine for those with no sense of humour.
 
yes it's been a long time, far too long, however, I will offer some advice.

If the photographer had a website, google it you may find a cached version of the site. It may even include package prices. If you can check bank accounts for withdrawals/payments around the time then you could prove what you paid for.

The fact that you have a slideshow of images is proof that you at least had a verbal contract with them.

Email's need to be checked. People clear out post and text messages but a lot of people never clear our the emails.

You need to pay a visit to the photographer, they may still have the images on a harddrive, you never know. It might also be worth seeking some professional legal advice as to whether its even worth chasing it up.
 
Harvey_nikon said:
yes it's been a long time, far too long, however, I will offer some advice.

If the photographer had a website, google it you may find a cached version of the site. It may even include package prices. If you can check bank accounts for withdrawals/payments around the time then you could prove what you paid for.

The fact that you have a slideshow of images is proof that you at least had a verbal contract with them.

Email's need to be checked. People clear out post and text messages but a lot of people never clear our the emails.

You need to pay a visit to the photographer, they may still have the images on a harddrive, you never know. It might also be worth seeking some professional legal advice as to whether its even worth chasing it up.
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Not quite, it mearly proves that they may had paid for a something, the fact prices are on a website doesn't mean thats what they actually paid for, we often get asked for different packages to those on the site
 
Harvey_nikon said:
The fact that you have a slideshow of images is proof that you at least had a verbal contract with them. .
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doesnt prove what the verbal contract said though - the togs likely defence (quite possibly even true) is that the verbal contract was for shooting the wedding and supply of a slideshow , with prints and/or a rights released cd costing extra - which hasnt been paid

no pay - no pics - and unless you can prove different, no case
 
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