wedding photography help!!

[asphotographymk]

I did point out it was OT and it was you who said that in every circumstance, remember. Backtracking now?

Yes in every circumstance. If you have agreed to take a job on you must deliver what was agreed (or if terms have not been set you must deliver what is reasonably expected from you). Illegal behavior is clearly not what you had been hired to do so you did not fail to deliver did you. I have never said you should agree to do everything the customer asks you to do i have said it is in every job you take on the photogrpahers responsibility to insure the goods are delivered.

No matter what you talk about you could think of some ridiculous ott statement to make an exception but i am talking about the real world.

You could even say that if the clients expectations are more than what you deliver that is also the photographers responsibility to explain what is included in the package booked. Even if what is expected is unreasonable it is still your responsibility to install confidence into you client.

As i said refusing to take a job or an aspect of a job is very different to agreeing on a job and failing to deliver.

All of this is totally irrelevant to the OP so may we should get back to that rather than going over pointless statements for argument sake. What sio your advice to the OP based on the information provided?

Mine is to send them a letter (that way you have evidence) outlining your situation and why you are unhappy with what was provided. Ask them to explain what happened and why? and how they are going to rectify the situation.
This way you are giving them a chance to fix the problem. Ask for your reply to be in writing.

 

[asphotographymk]

We don''t know whether this photographer does "formal" style shots, not all do, we don't know what style the OP asked for or was shown as a preview album. What you call a formal may be different to another photographers idea of formal, theres just too many varaibles.

I'm afraid we'll have to argree to disagree on this.
You have made up your mind the photographer is guilty as charged, I'm waiting to hear his side and see the evidence before I make up my mind.
Innocent untill proved guilty I think it's called.

We don''t know whether this photographer does "formal" style shots,

Yes we do know that. We know that becasue the photographer spent the time to shoot them. if they dont do formal shots then why would they spend the time setting up and shooting formal shots only to mess them up? Thats common sense surly?

I think the photographer has admitted to "losing" the image so they have admitted guilt. Regardless of fault the responsibility in business and in law clearly lies with them.

Again we have to take what the OP tells us at face value and give advice on that basis. There could of course be the unlikely situation that the OP is lieing to us but i really doubt that as they have nothing to gain from lieing to us.

 

[boyfalldown]

No matter what you talk about you could think of some ridiculous ott statement to make an exception but i am talking about the real world.

nope it was real world, it was in Richmond, it was a real wedding, and it was this summer. OT maybe. Real world example but neither ridiculous or OTT. Unlike your ability to see any other view points

 

[Treesie]

I've been reading this thread with interest. Its easy to become emotional about this becasue it is a big day but it still needs to be kept in context so I'm attempting to keep a level unemotional hat on particularly as this post is notably one-sided.

Looking at the posts these are my comments/questions;

1. 200 final images for a wedding is perfectly acceptable, additional copies in
b&w are also acceptable.
2. How did you come across the photographer, was it word of mouth,
yellow pages etc?
3. You first mention there are no formal photographs then comment its a
section of the formal photographs.... which one is it?
4. Did you look at the photographers website before the big day?
5. Did you ask for references?
6. Did you meet with the photographer beforehand?
7. Did you give the photographer a list of requested images?
8. The photographer decides which images to give a client. If a photographer
takes 500 images and hands over 200, thats the photographers
prerogative period.
9. You mention the photographer says flashes from guests got in the way so
I am guessing that other guests would have some images that could be
edited?... not ideal but a solution never the less.
10. You metion the photographer has offered to try and address the situation,
are you in dialogue with him? It is much better to try and come to a
resolution than go along the court route where possibly the photographer
may not have assets, you will take the brunt of the costs...I am speaking
from experience.
11. The comments regarding failure to deliver are incorrrect. It seems to be
the photographer did deliver; you have x hundreds of photographs from
throughout the day that you say you are happy with, there is certainly
fair value to this. The fact that you don't have every photograph you
wanted is minor in comparion.

I will be honest and say some of the posts on this thread have suprised me especially how easy it seems to berate someone on the absent side of a one-sided post.

A cheap tradesman doesn't equal a bad tradesman just as paying through the nose doesn't mean a tradesman is any more capable. I don't know of a photographer who has never encountered issues or has had an odd hiccup.... after all its not a perfect world.

Right I hope I haven't bored anyone just my thoughts..... as a photographer

 

[boyfalldown]

All of this is totally irrelevant to the OP so may we should get back to that rather than going over pointless statements for argument sake. What sio your advice to the OP based on the information provided?

Mine is to send them a letter (that way you have evidence) outlining your situation and why you are unhappy with what was provided. Ask them to explain what happened and why? and how they are going to rectify the situation.
This way you are giving them a chance to fix the problem. Ask for your reply to be in writing.

which is all great advice and something I would not argue with, but the reply will hopefully come back with a remedy, however it may equally come back with 'nothing because...................'.

 

[asphotographymk]

nope it was real world, it was in Richmond, it was a real wedding, and it was this summer. OT maybe. Real world example but neither ridiculous or OTT. Unlike your ability to see any other view points

You are missing my point. This was not realistically part of your contract (either vebal or written) and in the real world could not reasonably be expected from you so has no relevance to the OP. As it was not a part if the agreement you did not fail to deliver. again that is common sense.

It is the photographers job to set the expectations and deliver as agreed and as reasonably expected. That is not only pretty straight forward but also how the law would see things. The law would say it would have to "conform to contract". this includes being of satisfactory quality and that they have used " reasonable skill and care". I am sorry but if formal shots have been taken and not a single one of them has come out then that is a pretty straight forward lack of reasonable skill and care. This is not my opinion it is the Sale of Goods Act 1979



In this case it is very clear that formal shots were part of the agreement or the photographer would not have spent the time making an attempt to shoot them.

Again if we could get back to the OP.


What advice would you give them?

 

[Falcs]

Hiya

In response to your questions:

2. How did you come across the photographer, was it word of mouth,
yellow pages etc?
A friend had her for her wedding 18 months ago, we liked the images and the direction she gave to guests at the wedding.
3. You first mention there are no formal photographs then comment its a
section of the formal photographs.... which one is it?
Its all of the formal shots after the ceremony which I class as standing front onto the tog, posed for the picture, not natural mid conversation shots etc.
4. Did you look at the photographers website before the big day?
We did and there was nothing untoward about it.
5. Did you ask for references?
No!
6. Did you meet with the photographer beforehand?
No, most correspondance was via email or telephone, including discussing the types of pics we would like, formal or informal. We decided to have both so we could get pics of immediate family and bridal party.
7. Did you give the photographer a list of requested images?
Yes we did, as above, though not in writing.
9. You mention the photographer says flashes from guests got in the way so
I am guessing that other guests would have some images that could be
edited?... not ideal but a solution never the less.
They do but from a distance or side on so no not ideal or what we paid for!!
10. You metion the photographer has offered to try and address the situation,
are you in dialogue with him? It is much better to try and come to a
resolution than go along the court route where possibly the photographer
may not have assets, you will take the brunt of the costs...I am speaking
from experience.
I am in dialogue with her in writing, I've accepted that we have a decent selection of images as originally she'd said 600 were taken, after editing we had approx 300 given to us. I was frustrated as she didn't say/manage our expectations that half would be chopped!
11. The comments regarding failure to deliver are incorrrect. It seems to be
the photographer did deliver; you have x hundreds of photographs from
throughout the day that you say you are happy with, there is certainly
fair value to this. The fact that you don't have every photograph you
wanted is minor in comparion.
You're right we do have a number of pictures but none of my parents, bridesmaids, grooms family etc after the ceremony. I'm no prof tog but would say they are the bread & butter pics of any wedding??!

She has offered to re shoot the pics.....really not interested. Without sounding unhelpful I will know they're not originals as will the family etc. My sister who was BM is no longer pregant, suits etc have gone back..>So whilst I appreciate she's attempted to nmake amends I'm not keen on that at all.
She also offered two 8x10 pics for us printed.

The issue isn't the number of pics like I say as I've accepted that 300 is reasonable. I'm just astounded that all the formal pics have been damanged from other people's flashes and that despite me asking for them to get them looked at she deleted them..hhhmmmm!

I haven't put her details on here as I was only seeking advice and not out to upset/ruin anyone's career. I've told her it's not personal and I think she can see our point of view. I don't want to get embroiled in a court suit or anything, even just an honest explanation would do. I'm not buying the flash thing. Bizarre.

My question is, to your knowledge should she contact her insurer? What's the process?
Thanks again.

Ps. Please don't fall out peeps!! You are all obviously very passionate about your work.

 

[boyfalldown]

What advice would you give them?

that would be in the post you forgot to read

 

[asphotographymk]

I've been reading this thread with interest. Its easy to become emotional about this becasue it is a big day but it still needs to be kept in context so I'm attempting to keep a level unemotional hat on particularly as this post is notably one-sided.

Looking at the posts these are my comments/questions;

1. 200 final images for a wedding is perfectly acceptable, additional copies in
b&w are also acceptable.
2. How did you come across the photographer, was it word of mouth,
yellow pages etc?
3. You first mention there are no formal photographs then comment its a
section of the formal photographs.... which one is it?
4. Did you look at the photographers website before the big day?
5. Did you ask for references?
6. Did you meet with the photographer beforehand?
7. Did you give the photographer a list of requested images?
8. The photographer decides which images to give a client. If a photographer
takes 500 images and hands over 200, thats the photographers
prerogative period.
9. You mention the photographer says flashes from guests got in the way so
I am guessing that other guests would have some images that could be
edited?... not ideal but a solution never the less.
10. You metion the photographer has offered to try and address the situation,
are you in dialogue with him? It is much better to try and come to a
resolution than go along the court route where possibly the photographer
may not have assets, you will take the brunt of the costs...I am speaking
from experience.
11. The comments regarding failure to deliver are incorrrect. It seems to be
the photographer did deliver; you have x hundreds of photographs from
throughout the day that you say you are happy with, there is certainly
fair value to this. The fact that you don't have every photograph you
wanted is minor in comparion.

I will be honest and say some of the posts on this thread have suprised me especially how easy it seems to berate someone on the absent side of a one-sided post.

A cheap tradesman doesn't equal a bad tradesman just as paying through the nose doesn't mean a tradesman is any more capable. I don't know of a photographer who has never encountered issues or has had an odd hiccup.... after all its not a perfect world.

Right I hope I haven't bored anyone just my thoughts..... as a photographer

I agree with most of the comments and questions here. Most of all that trying to avoid court is the first step and that is why dialog must be made in writing.

I do disagree that failing to deliver is wrong. The photographer has not delivered what was very reasonably expected from the client and one could very easily argue what was contracted. We are not talking about the number of images provided but we are talking about a significant loss of images dues to what i would describe as fault of the photographer. Its all well and good to say the photographer chooses what images go into the final cut but again you have to look at this from the point of reasonable expectation. All formal shots lost is not a delivering what was very reasonably expected from the client.

 

[asphotographymk]

that would be in the post you forgot to read

I read it after my reply.

I hope you are right and it does come back with a remedy. It is very much a shame the photographer deleted the files as i am sure something could have been saved from them. Somthign is always better than nothing.

 

[Treesie]

You are missing my point. This was not realistically part of your contract (either vebal or written) and in the real world could not reasonably be expected from you so has no relevance to the OP. As it was not a part if the agreement you did not fail to deliver. again that is common sense.

It is the photographers job to set the expectations and deliver as agreed and as reasonably expected. That is not only pretty straight forward but also how the law would see things. The law would say it would have to "conform to contract". this includes being of satisfactory quality and that they have used " reasonable skill and care". I am sorry but if formal shots have been taken and not a single one of them has come out then that is a pretty straight forward lack of reasonable skill and care. This is not my opinion it is the Sale of Goods Act 1979



In this case it is very clear that formal shots were part of the agreement or the photographer would not have spent the time making an attempt to shoot them.

Again if we could get back to the OP.


What advice would you give them?

The poster has actually said she is happy with what she has. You already stated that if a majority of shots were delivered the court would probably look in the photographers favour............ aren't we reading this as exactly what has happened??

It would therefore be prudent (without sounding official lol) to ask the poster how many photographs she feels are actually missing? If for arguments sake 500 are delivered and 7 are missing, is this grounds for completely failing?

 

[asphotographymk]

It would therefore be prudent (without sounding official lol) to ask the poster how many photographs she feels are actually missing? If for arguments sake 500 are delivered and 7 are missing, is this grounds for completely failing?

I dont think the problem is about numbers. One formal missing to me is a totally different situation to all formals missing. If the photographer made the choice to only shoot 5 formals and not check there settings or review there shots that is still the responsibility of the photographer.
And the photographers clear attempt to pass the buck only adds insult.

Do i think the photographer should give the op a full refund? No i dont. Do i think the photographer should be offering some way to resolve this? yes i do.

 

[Treesie]

Hiya

In response to your questions:

2. How did you come across the photographer, was it word of mouth,
yellow pages etc?
A friend had her for her wedding 18 months ago, we liked the images and the direction she gave to guests at the wedding.
3. You first mention there are no formal photographs then comment its a
section of the formal photographs.... which one is it?
Its all of the formal shots after the ceremony which I class as standing front onto the tog, posed for the picture, not natural mid conversation shots etc.
4. Did you look at the photographers website before the big day?
We did and there was nothing untoward about it.
5. Did you ask for references?
No!
6. Did you meet with the photographer beforehand?
No, most correspondance was via email or telephone, including discussing the types of pics we would like, formal or informal. We decided to have both so we could get pics of immediate family and bridal party.
7. Did you give the photographer a list of requested images?
Yes we did, as above, though not in writing.
9. You mention the photographer says flashes from guests got in the way so
I am guessing that other guests would have some images that could be
edited?... not ideal but a solution never the less.
They do but from a distance or side on so no not ideal or what we paid for!!
10. You metion the photographer has offered to try and address the situation,
are you in dialogue with him? It is much better to try and come to a
resolution than go along the court route where possibly the photographer
may not have assets, you will take the brunt of the costs...I am speaking
from experience.
I am in dialogue with her in writing, I've accepted that we have a decent selection of images as originally she'd said 600 were taken, after editing we had approx 300 given to us. I was frustrated as she didn't say/manage our expectations that half would be chopped!
11. The comments regarding failure to deliver are incorrrect. It seems to be
the photographer did deliver; you have x hundreds of photographs from
throughout the day that you say you are happy with, there is certainly
fair value to this. The fact that you don't have every photograph you
wanted is minor in comparion.
You're right we do have a number of pictures but none of my parents, bridesmaids, grooms family etc after the ceremony. I'm no prof tog but would say they are the bread & butter pics of any wedding??!

She has offered to re shoot the pics.....really not interested. Without sounding unhelpful I will know they're not originals as will the family etc. My sister who was BM is no longer pregant, suits etc have gone back..>So whilst I appreciate she's attempted to nmake amends I'm not keen on that at all.
She also offered two 8x10 pics for us printed.

The issue isn't the number of pics like I say as I've accepted that 300 is reasonable. I'm just astounded that all the formal pics have been damanged from other people's flashes and that despite me asking for them to get them looked at she deleted them..hhhmmmm!

I haven't put her details on here as I was only seeking advice and not out to upset/ruin anyone's career. I've told her it's not personal and I think she can see our point of view. I don't want to get embroiled in a court suit or anything, even just an honest explanation would do. I'm not buying the flash thing. Bizarre.

My question is, to your knowledge should she contact her insurer? What's the process?
Thanks again.

Ps. Please don't fall out peeps!! You are all obviously very passionate about your work.

With all due respect I'm not sure how you can give a photographer a list of required shots but not in writing, unless he has the memory of an elephant
Are you saying there are no formal shots period?

Andy, I think you are getting a little confused I'm not saying failure to delivery isn't wrong, I'm saying you need to look at what constitutes failure to deliver.

 

[Treesie]

I dont think the problem is about numbers. One formal missing to me is a totally different situation to all formals missing. If the photographer made the choice to only shoot 5 formals and not check there settings or review there shots that is still the responsibility of the photographer.
And the photographers clear attempt to pass the buck only adds insult.

Do i think the photographer should give the op a full refund? No i dont. Do i think the photographer should be offering some way to resolve this? yes i do.

No, the problem is as the poster says, a number or all or the formal images in her opinion are missing. Becasue of the discrepancy in the posters info i.e ...no formal images.... then .....a slelection of formal images...... clarification is needed.

 

[asphotographymk]

No, the problem is as the poster says, a number or all or the formal images in her opinion are missing. Becasue of the discrepancy in the posters info i.e ...no formal images.... then .....a slelection of formal images...... clarification is needed.

Then yes i agree clarification is needed. I read simply that no formal shots had been provided. I think that it would be a reasonable expectation to believe they would have some of there formals.

Andy, I think you are getting a little confused I'm not saying failure to delivery isn't wrong, I'm saying you need to look at what constitutes failure to deliver.

I think failure to deliver is when one party fails to meet their respective obligations. I believe it would be very reasonable to assume that getting at least some of the formal shots taken is part of the agreed verbal contract or they would not have been taken. And again this is not simply by there own opinion this is also by admittance of the photographer.

Again does this result in the need for a full refund, maybe not but should the photographer be doing something to correct this problem. YEs they should.

Any self respecting business would do for basic customer service regardless of obligation anyway.

I dont think any of this really helps the op. The only thing the op can do now is ask questions. Personal i would be insisting the photographer rectifys there mistake.

Even if formal shots have not been requested in writing they are often simply requested on the day verablly i would be expected to deliver these requests and i would take responsibility if i did not.

 

[Treesie]

I think failure to deliver is when one party fails to meet their respective obligations.

And there lies a dirty great hole!

 

[asphotographymk]

And there lies a dirty great hole!

Again not really. As it then goes back to one of my very first posts. As no contract was signed its then goes down to reasonable expectations. For a wedding photographer to provide formal shots requested and shot on the day is very clearly a reasonable expectation.

If you eat in a restaurant it may not say in writing that the soup will be hot but if its not you would expect them to at least heat it for you.

 

[-Rob-]

I know this has been covered in several posts above but I really can't understand how a professional photographer (or even an amateur) can't have noticed at the time of shooting that this whole section of the wedding was ruined by over exposed photos. If it was just 1 or 2 photos then fair enough they can go unnoticed as the photographer may not check every one on the screen but during the formal shots the photographer has time to check as people are forming the groups. If they see some are exposed wrong for whatever reason then they need to shout up and reshoot.

I don't expect you will get a full refund from the photographer because you have admitted yourself that you have received 300 photos you are happy with but I would expect a decent percentage refunded (30-50%) as compensation. Having said that, money can't replace the images you thought you had paid for so there is no happy ending for you on this one I'm afraid.

 

[Treesie]

If a photographer does deliver images from throughout the day but does not include formal images; where the client has not produced a client list and there is no written contract who is to say in this instance what constitutes what is beyond reasonable expectation? Is it reasonable that images have been supplied from throughout the day... yes, is it reasonable that formal images have been omitted, its one opinion of expectation against another and therein lies the problem.

 

[Treesie]

Sorry Falcs, I forgot to add.. in your position I would go back over the images in a clam environment, if it is agreed that the photographer did not deliver then yes, I would expect them to speak to their insurers and continue with dialogue. That said go back to my previous posts on what constitutes failure to deliver. Be sure of your facts beyond any personal rants.

 

[asphotographymk]

If a photographer does deliver images from throughout the day but does not include formal images; where the client has not produced a client list and there is no written contract who is to say in this instance what constitutes what is beyond reasonable expectation? Is it reasonable that images have been supplied from throughout the day... yes, is it reasonable that formal images have been omitted, its one opinion of expectation against another and therein lies the problem.

A written contract is not needed. infact the lack of written contract may strengthen the OPs case. A verbal contract is just as binding as any written contract. The photographer has clearly failed on several points. First of all to deliver reasonable expectation, i cant see how anyone could say that failing to provide any formal shots as clearly requested (they did shoot them after all) is not failing to deliver and expecting to get some of the formal shots is more than reasonable. It was clearly agreed verbally that these would be shot and there is proof of this by the means of "proof by intent" (they spent the time shooting these shots).

The second very clear failure is to use reasonable care and skill. As others have said how any photographer can not notice the shots have "not come out" for any reason clearly shows a lack of skill or they simply didnt look.

 

[Treesie]

You have clearly forgotten you are reading one half of an event. You would never condemn a person with prosecution only!

A written contract is indeed important and is one of the first things a solicitor will ask to see. They will avoid any 'he said, she said' senarios
as it bears very little weight in a court of law.

 

[asphotographymk]

A written contract is indeed important and is one of the first things a solicitor will ask to see. They will avoid any 'he said, she said' senarios
as it bears very little weight in a court of law.

This is not at all true.. For a start a case like this would not even be seen by a solicitor it owuld all be done in the very simple small claims courts ( i have been part of and won 2 small claims cases in the past 6 months its all very simple)

In the UK a verbal contract olds just as much weight as a written one. Most photogrpahers contract are written to protect the photographer for example they could have a clause protecting them should any images not be delivered. In this case these clauses do not exist hence it makes the OPs case a little easier.

In a case involving a verbal contract the difficult part is often proving the terms of that contract. In this case they would look at what is called proof by intent. This means that it is clear that the formal shots had been agreed in the contract and they had intended to be delivered becasue the photographer took the time to pose them and shoot them

 

[Treesie]

I take additional shots as I see them at weddings, does this then mean they were agreed as I took them ...... no.
Sorry but it is true, contracts carry weight it defines the agreement. I have also been part of a legal case (not small claims) and it is not simple but it can be very costly even if you are proven to be an innocent party.

You do seem unable to look at the bigger picture and take in other opinions. Its not good to see you berate another professional person without full facts.

 

[boyfalldown]

This is not at all true.. For a start a case like this would not even be seen by a solicitor it owuld all be done in the very simple small claims courts ( i have been part of and won 2 small claims cases in the past 6 months its all very simple)

were they defended cases? (just asking out of interest, cause getting any case through any track of the country court is tricky in 6 months unless they are undefended)

 

[asphotographymk]

were they defended cases? (just asking out of interest, cause getting any case through any track of the country court is tricky in 6 months unless they are undefended)

Yes, both of them. One of which included a court date and visit and the other i was awarded the judgment out of court based on the evidence i provided. That case included a no contract situation when the other party claimed different terms but i could show proof by intent very similar to how the OP can.

Country court will only take a long time if you have not already done everything in your power to settle. IN my case i made every effort to settle these issues out of court and could show this as it was all in writing.

Even the bailiffs only took about 20 days to recover the money after one refused to pay. Small claims court is much faster and easier than many people think.

Again i am not saying i think the OP should go to court i am using court as a worst case very final result.

 

[asphotographymk]

I take additional shots as I see them at weddings, does this then mean they were agreed as I took them ...... no.
Sorry but it is true, contracts carry weight it defines the agreement. I have also been part of a legal case (not small claims) and it is not simple but it can be very costly even if you are proven to be an innocent party.

You do seem unable to look at the bigger picture and take in other opinions. Its not good to see you berate another professional person without full facts.

Yes contracts are helpful but they do not need to be in writing to be legally binding. An oral contact is just as binding as a written one.

Small claims court is not expensive as they work on a fixed fee. For example Up to £500 costs £50. If you then need to enforce a judgment with a bailiff that would cost a further £100. All costs can be recovered if you win the judgment.

I dont see how i am criticizing anyone. I am giving advice on how i believe the OP should proceed. Saying that how anyone can mess up an entire set of formalls and not even notice is going to get some degree of criticisms. And your comment the you are seeing me berate a professional would suggest i am in some way annoyed at them which is not true. I couldnt care less but the OP asked for advice and that is what i am giving based on the information provided.

 

[Treesie]

But how can you advise someone when you only know half the story?

 

[boyfalldown]

Yes, both of them. One of which included a court date and visit and the other i was awarded the judgment out of court based on the evidence i provided. That case included a no contract situation when the other party claimed different terms but i could show proof by intent very similar to how the OP can.

Country court will only take a long time if you have not already done everything in your power to settle. IN my case i made every effort to settle these issues out of court and could show this as it was all in writing.

thats good going, but it does really depend on the defendant, they could quite legitimately slow things out for nearly a year. If they know what they are doing consider

You issue summons. The defendant acknowledges which gives them 28 days to respond.

When they defend its automatically transferred to their local court (of course you may both share a court). It takes 2 weeks from transfer for it to be looked at.

As part of their defence they've requested you supply modified, and more detail PoC the judge agrees gives you 28 days to file and them 28 days to reply. -

(14 weeks so far).

once they've filed their amended defence the judge the issues an allocation questionnaire after another 2 weeks. They have 28 days to respond, and they also tick they want a 28 day stay to negotiate (the questionnaire also cost you £100)

(24 weeks so far).

Its only now the case is assigned to a track. The judge orders you both go to arbitration but it fails, takes another 8 weeks though.

After another 2 weeks you finally get a hearing date - in 3 months time in most courts and get ordered to prepare and serve documents on each other before the date.

46 weeks in total. 6 months is exceptionally fast

 

[asphotographymk]

But how can you advise someone when you only know half the story?

Because as i have said we have to take the information the op has given us in good faith. If they are keeping something from us or not telling the truth only they suffer. If the info given is true then the facts are all pretty clear.

 

[asphotographymk]

thats good going, but it does really depend on the defendant, they could quite legitimately slow things out for nearly a year. If they know what they are doing consider

You issue summons. The defendant acknowledges which gives them 28 days to respond.

When they defend its automatically transferred to their local court (of course you may both share a court). It takes 2 weeks from transfer for it to be looked at.

As part of their defence they've requested you supply modified, and more detail PoC the judge agrees gives you 28 days to file and them 28 days to reply. -

(14 weeks so far).

once they've filed their amended defense the judge the issues an allocation questionnaire after another 2 weeks. They have 28 days to respond, and they also tick they want a 28 day stay to negotiate (the questionnaire also cost you £100)

(24 weeks so far).

Its only now the case is assigned to a track. The judge orders you both go to arbitration but it fails, takes another 8 weeks though.

After another 2 weeks you finally get a hearing date - in 3 months time in most courts and get ordered to prepare and serve documents on each other before the date.

46 weeks in total. 6 months is exceptionally fast

Yet again you are talking worst case. Yes things can be dragged out and often this does happen. So time is your only problem. I had 2 very obstructive defendants and both got a court order within 6 months. There is no allocation questionnaire fee for claims below £1500 so again not relevant to the OP.

 

[boyfalldown]

Yet again you are talking worst case. Yes things can be dragged out and often this does happen. So time is your only problem. I had 2 very obstructive defendants and both got a court order within 6 months. There is no allocation questionnaire fee for claims below £1500 so again not relevant to the OP.

Seriously if you finished in 6 months they weren't or didn't know how to be obstructive deliberately or otherwise. Yours is an unlikely good scenario - not very likely and despite your comments about the defendants if it only took 6 months there is no way they either asked for a stay on aq or for ADR.

Contary to your statements you appear to wish to give very blinkered, best case advice that appears to forget that the world doesn't work as you seem to think in a very black and White way

 

[Treesie]

But like I have already said you have only heard one side of things, you cannot possibly give advise anyone under those circumstances.

 

[asphotographymk]

Well i will choose to give advice based on the information given in good faith. I personally believe the information the OP has provided is honest and if it is not then only they suffer as the advice woul be void. My advice has simply been to write a letter. That is not based on anything blinkered it is simply a starting point. And as for the time a small claims court case could take again that has no real relevence as so far there is not court case and if it gets to that point then the op would simply have to wait.
Can we get back to the original subject now as this has got way off.

 

[Treesie]

Well i will choose to give advice based on the information given in good faith. I personally believe the information the OP has provided is honest and if it is not then only they suffer as the advice woul be void. My advice has simply been to write a letter. That is not based on anything blinkered it is simply a starting point. And as for the time a small claims court case could take again that has no real relevence as so far there is not court case and if it gets to that point then the op would simply have to wait.
Can we get back to the original subject now as this has got way off.

Of course its blinkered... you are not in posssession of facts from both sides.

Common sense tells me I will choose not to give advise based on one persons account of a 2 party incident, where I haven't seen the images nor am I privy of any agreement they had ... verbal or otherwise.

 

[fracster]

Because as i have said we have to take the information the op has given us in good faith. If they are keeping something from us or not telling the truth only they suffer. If the info given is true then the facts are all pretty clear.

Oh for goodness sake Andy. Back off, your looking very silly now.

 

[asphotographymk]

Oh for goodness sake Andy. Back off, your looking very silly now.

Look at your piping up as always. What do i need to back off from now then? At the end of each and every post i have said lets get back to the OP so how about you back off and we can get abck to the Op

Of course its blinkered... you are not in posssession of facts from both sides.

Common sense tells me I will choose not to give advise based on one persons account of a 2 party incident, where I haven't seen the images nor am I privy of any agreement they had ... verbal or otherwise.

Advice on forums is based simply on the info provided. There is nothing wrong with taking the details provided in good faith. I have nothing to lose if the information the op has provided in untrue. If you dont want to give advice then dont that fine i will continue to do so based on the information infront of me.

Now back to the OP.

 

[Treesie]

I have made comment on OP. Clearly you are opinionated and only want to hear your own voice. Its quite small minded to only want your opinion in the mix.

 

[Splog]

Of course its blinkered... you are not in posssession of facts from both sides.

Common sense tells me I will choose not to give advise based on one persons account of a 2 party incident, where I haven't seen the images nor am I privy of any agreement they had ... verbal or otherwise.

Then why bother using an internet forum?

The OP has given the information for us to base our judgement or decisions regarding their case about the wedding pics. If they have come here asking for help, then the only help they can receive is based on what they tell us. :shrug:

 

[asphotographymk]

Then why bother using an internet forum?

The OP has given the information for us to base our judgement or decisions regarding their case about the wedding pics. If they have come here asking for help, then the only help they can receive is based on what they tell us. :shrug:

Thank you Splog. This is my point. I was starting to think i was the only person who could see that.