serious issue- need advice

[honeybee2]

I'm having trouble getting a refund off a so called 'photographer'

Basically, I had to give £50 as a deposit. Now, this 'photographers' camera broke and couldn't afford a new one so I said, thats fine, I'll pay another £100 off my bill for your service so you can put it towards a new one. So she took it. When I cancelled her I said keep the £50 deposit thats fine, but I would like my £100 back.

Now this 'photographers' work is shocking, it took me a long time to realise actually but then again I thought this was the best I could get for my money and didn't question it until I realised she was not sane! Shes got terrible mental health issues and as we befriended- these became more and more clearer.

Her husband who she is now divorcing was in charge of all money and to be fair they always seemed to be in financial difficulty.

Alarms bells started ringing when I realised she hadn't sent me a contract, even after 7 months of booking her, all she did was whinge about her custiomers to me, she didnt declare that she was working to the government as she is on the 'sick' and she spends the deposit money and all money given to her by her clients as soon as she gets it- so when they cancel on her because they find out she's mental- she has the nerve to slag them off because she can't find the money to pay them back. Shes mental, does not know how to run a business and is doing fraud on the government. Its their fucking fault grrrrrrrrrrrrrrrrrr and she blames other people!

I'm so 'effing pissed off. I feel the need to email all her existing customers and explain everything Ive gone through and what she is really like and also maybe a quick phone call to the tax office if I dont have my money back soon!

her husband apparenty is not giving her any money through this divorce but she is saying its his responsibilty for the money as he was in charge of accounts- pffft! These people need to be stopped, they have no clue how to run a business. They are calling it 'self employed' and yet not declaring and still claiming sick money?? Also spending the business money..........peoples deposits etc!!

Everyone knows that you pay your self a 'wage' out of the business, because business money should be totally seperate from your money iykwim?

I have no receipts for giving her this money apart from my bank statement so I can prove I gave it to her, but I sware to who ever is up there- Karma or not, I will dobb them in if I don't get my money back, they're doing people over and its not fair at all- might even email watchdog!

What makes me laugh is she is constantly blaming other people when its HER fault.


I've been emailing her husband and the reply is the same over and over- yes I know you've given us 3-4 months and yes I know I agreed to June to give you the money back- but I don't have it to give. THATS NOT GOOD ENOUGH. Your calling yourself a business and you wont give me a refund

She is still advertising as a photographer mind you- and charging people so she must have some money coming in because I can see on her wall that she has been having bookings?

what are peoples opinions on this?? Please help me, I'm going to explode.

 

[xxxjacxxx]

Oh dear this is NOT good! Actually reminds me of someone on my FB though

My OH is a wedding photographer, he is legit and he always asks for a non refundable deposit but this covers the customer cancelling on him, and him not being able to fill the date. But she should have at least one back up camera as OH has 3 with him at all times
I'm not quite sure what you can do about this tbh but if you get no joy I'd consider reporting her to the Inland Revenue.

 

[honeybee2]

hmmm might be the same person!

thing is reporting her is a serious issue and she could go down for this- but I sware on my grandfathers grave she will not spoil my day!

 

[booflebump]

I would be reporting her to the benefits office as she is committing fraud by claiming benefits and working at the same time. I don't know if there is any point in small claims as it doesn't sound like she has any money to give you xxx

 

[honeybee2]

she could give me some of the profit she is making from those other poor custimers of hers- and when they cancel she'll have to deal with them too!

 

[xxxjacxxx]

I would go to a solicitor and maybe send her a solicitors letter first if you get no joy.
The thing is, her personal life shouldn't really be brought into her business...no matter what happens here if Ant has a booking, he goes, no matter what!

 

[honeybee2]

ye thats a good idea, although I think a solicitors letter might cost more than the £100! Not only do I need the money back but people need to be aware of what she is doing.

 

[Mynx]

Go to the Citizen's Advice, see what they say about where you stand hun... I really hope you can get this sorted.
As Boofs said, this lady is commiting benefit fraud as well as dodging the tax man so she needs to be reported before she rips off any other people

 

[NuKe]

i would go to citizens advice. she needs to give u this money back. there are companies who work with you to pay off your debts etc.

re: on the sick and working, this really fucking riles me as i am on the sick and sometimes we struggle financially, it really pisses me off when i hear of ppl doing this!!

 

[Mynx]

i would go to citizens advice. she needs to give u this money back. there are companies who work with you to pay off your debts etc.

re: on the sick and working, this really fucking riles me as i am on the sick and sometimes we struggle financially, it really pisses me off when i hear of ppl doing this!!

I know what you mean hun, my OH has Multiple Sclerosis and cant work so is also on benefits and yet he would love to be able to go out and work again but he just cant. And oh man, it really is a struggle! It really gets our goat too

 

[Tiff]

Definitely report her, that's not right. As for your money it may be a lost cause if you don't have an actual receipt. The courts here are pretty sticky about it, but hopefully that is not the case over there.

I get not getting the deposit back but you gave the $100 out of good faith to her and that should be refunded as well.

Just as a precaution, I wouldn't email any of her clients. That's a breech of privacy and could be considered slander... she could charge you right back! But if you can, I would leave reviews EVERYWHERE. Anywhere you google or search on the Internet that has her name, put a review up there and tell your experience.

I do hope you get your money back, that's just not right at all.

 

[honeybee2]

ok, thats a good idea, I wont email her clients then but as for reviews, thats a good idea. She never gave me any reciepts hun- but I did it all over my bank so, I do have a record on my statement.

 

[Tiff]

I do hope you get it sorted soon. Hate when people get screwed over, it really riles me up!

 

[honeybee2]

at least ive got a really good new photographer!!!!!!!!!!!!

 

[twiggy56]

Definietly report her. So unprofessional and rude its making me so angry for you!!

If they used the £100 to buy a new camera, then that camera is your property? I would seriously tell them to sell the camera and give you your money back? Its YOURS.

Least you are covered by the bank to say she was definitely given the deposit.

Riles me up that out of your own kindness to help them out they have screwed you over.

I wouldnt accept this 'we dont have the money to give you' because yes they technically have yours! Whatever form they'v spent it!!!

 

[honeybee2]

I've sent her an email which reads (after she told me its to do with her husband now)

Spoiler

Dear ****, its not all to do with your husband you obviously can't understand that, you were the one I gave the money too. Technically, that camera also belongs to me as it was bought from my money. I lent you the money out of kindness. You obviously have NO idea how to run a business because if you did you would know not to spend the profit made from it but to allow yourself a 'wage'. Also a deposit is there for safe keeping just incase anything happens- how do you expect people to have their money back when they cancel if you spend it? You clearly have no idea what your doing, plus I have no idea how you can call it a business when you do not declare and claim to be sick at the same time- that is immoral on all levels and you should be ashamed of yourself. I will be leaving bad reviews on the net and if I do not have my money back within 2 weeks I will be speaking to citizens advice and I will be telling them EXACTLY what your 'business' has been doing. I'm sorry but after 4 months you have left me with no choice.

I feel guilty, because she obviously has deep rooted problems, and I'm not a nasty person at all but I'm more sorry for ever being involved with her. Sometimes its best to stay out of people's personal issues because you get really sucked in and feel obliged iykwim?

 

[Mynx]

Dont feel guilty hun, she's messed you around and stolen off you. You have nothing to feel guilty for! It's your money and you are entitled to have it back hun
I hope this email gets things moving, but if not, then hopefully Citizen's Advice will give you an insight on what you can do next x

 

[notjustyet]

Hi,

I work for Trading Standards so I can shed some light on the purely legal aspect of this.

You entered into a contract with her for the photography work (albeit only a verbal one) then paid her £50 non-refundable deposit and a further £100 towards your bill (and her camera). Then you decided to cancel the contract - putting you in breach of contract (unfortunately her being mental doesn't actually put her in breach of contract). In that situation she can keep as much as she can prove that she would have earned in profit and could potentially pursue you for further amounts for 'loss of profit', if she can prove what she would have earned in profit had you gone ahead with the contract. This is basically because common law doesn't allow people to cancel, unless it has been stipulated as a condition of the contract before it has been agreed.

HOWEVER, that is only the purely legal situation. You should still pursue it, but it wouldn't be worth taking to court (not that she needs to know that). The fact that she is not declaring that she works and is claiming benefits means that she is likely to not want this being brought before the courts. Just write her a letter pursuing the money and state that should you not hear from her then you will start legal proceedings, and maybe even threaten to tell HMRC.

 

[honeybee2]

I see, thanks for shedding some light

I've told her I will take it further if I dont have my £100 back, and I will if she doesn't purely because her husband emotionally blackmailed me into staying saying it will affect her mental state if I choose to cancel and that she is commiting fraud. Its just not fair.

Thing is non of this is really 'contracted' as such because she doesn't actually have a business, its just something she does on top of the incompacity benefits or what ever she was having whilst she was claiming to be sick.

What annoys me is that she advertises as a business and she has introduced contracts to some of her clients- so I'm not sure where she stands? She is, she isn't, its all very confusing.

Also, after months of requesting for receipts and a contract to say I had paid etc, she still didn't send me anything? I think trust is a major issue to my cancelling and her incapibility to send me any paperwork made me think she was incapible of doing the work.

 

[notjustyet]

No it's not fair, like you've said they obviously have no idea how to run a business. Glad to see you've found yourself a sane photographer now!