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Advice on Photographer Issue

  • 09-03-2013 8:20am
    #1
    Registered Users Posts: 1,977 ✭✭✭


    We are getting married later this year. My fiances sister got married last year and we decided to use the same photographer as we thought he was pretty good on the day. We paid a non refundable deposit of several hundred euros and signed a contract which describes it as such.

    Since then it transpired that the photographer dragged his heals when it came to their album. Im sure such things happen from time to time, however, this photographer has in the last month stopped taking their calls and blocked their emails. (They had to ring from a new number at one stage which he answered and promised to ring back, which he did not). They have now had to go down the legal route.

    We are now in a bad situation. My fiance cannot have the photographer come to the house on the morning of the wedding as her father is extremely upset with how his other daughter was treated. Indeed my fiance is feeling very awkward herself and doesnt want to feel that way on the day of her wedding, wondering if the photos will suffer as a result. She has spoken to the photographer recently who assured her the issues with her sister would be sorted and she has nothing to worry about. This turned out to be more lies.

    Im really looking for advice here as things are already quite tight on the budget front so paying more (one of the largest expenses) for another photograher isnt ideal but we cannot now trust what this photographer says. Im very annoyed about the situation and think that his behaviour has been less than professional. Has he done anything to date to break his side of the contract or are we stuffed in terms of the deposit?


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Comments

  • Registered Users Posts: 1,668 ✭✭✭Corkbah


    is it possible that you can accept to write off the deposit and find another photographer - obviously you have lost confidence in your photographer so... have a look in the photo section or the photographer area here in the wedding part of boards.

    there's a few who are willing to help out boardsies in need or people with restricted budgets.


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    Thanks for your reply. Basically, its not something we can afford on current budget and will need to borrow for it. Will have a look through the section to see what I can find.

    Being the one who generally handles the money in the relationship, Im pretty annoyed that we will lose the hard earned (& saved) money.


  • Registered Users Posts: 1,668 ✭✭✭Corkbah


    have a look through the contract - try to find something which could allow you a refund !

    or if its possible contact the photographer and see if he is willing to transfer the deposit to another photographer - simply because you fear for his safety at the wedding due to the current circumstances....its in his best interest that he does this and in this way he breaks the contract rather than you....ergo you should be entitled to a refund !... or at best he could transfer most of the deposit and hold a "transaction fee" so he gets some money (I know technically its not right but its the cheapest/safest option which any photographer might go for)

    chances are if he does cover your wedding - he could potentially ruin your own wedding .... so by offering this option to him, he can avoid a possible future legal action.

    What date is your wedding ?

    Some photographers will offer a payment plan so you can pay over a number of months.


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    October so he cant really say he doesnt have time to get more work between now and then.

    Thanks for that advice, it makes a lot of sense. I think best thing now is to arrange a sit down with him as id imagine its going to be a lot more difficult to refuse in person


  • Registered Users Posts: 1,668 ✭✭✭Corkbah


    can I ask what your budget is ?

    and what style you prefer in terms of photography ....most people these days go for a reportage wedding style and a couple of formal images thrown in for fun.

    We're getting married in August.
    (our wedding photographers are doing DVD only with approx 650images for around €2000 - two photographers ...very established professional photographers)


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  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    Our budget was about €1000 max for dvd only. we were happy with about half that amount of photos (& photographers :) ). It was indeed that style which we were after


  • Closed Accounts Posts: 433 ✭✭sffc


    There's lot's of compromises possible here. An obvious one being to use your deposit in any settlement in the other dispute. Give your solicitor a buzz and drop into the citizens info to enquire about the small claims court.


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    What an absolutely idiotic photographer. He's looking at a court claim, and losing another client, by taking a year to get those photos back. Plus the bad reputation that ensues. Amature recently turned professional maybe?


  • Registered Users Posts: 2 oconnb31


    go get your angry father in law to be and your brother inlaw to be and the 3 of ye go round get your money back ! stop being a pu**y !


  • Closed Accounts Posts: 515 ✭✭✭ck83


    oconnb31 wrote: »
    go get your angry father in law to be and your brother inlaw to be and the 3 of ye go round get your money back ! stop being a pu**y !

    That's a ridiculously unhelpful. And a ridiculous suggestion.


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  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    pwurple wrote: »
    What an absolutely idiotic photographer. He's looking at a court claim, and losing another client, by taking a year to get those photos back. Plus the bad reputation that ensues. Amature recently turned professional maybe?

    On the contrary, he seems to have years of experience and is member of a few professional bodies (we have enquired with one of these). It baffles me how he has been in business this long if this is how he operates


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    oconnb31 wrote: »
    go get your angry father in law to be and your brother inlaw to be and the 3 of ye go round get your money back ! stop being a pu**y !

    Strange why someone would join boards just to spout this


  • Registered Users Posts: 23,131 ✭✭✭✭ted1


    How long ago did you book him and to be frank paying a deposit of a couple of hundred in these day and age for something that costs 1k is mad.


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    To be fair, every photographer has different terms and conditions so booking fees vary, and this seemed to be similar to everyone else that we spoke to at the time. I would imagine photographers use this to cover themselves in cases of wedding cancellations and losing that week's pay. (That said I personally dont usually believe in someone being paid before any work/service is carried out)

    We also certainly didnt expect this to happen having already done a family wedding when we booked him a few months ago.


  • Registered Users Posts: 2,889 ✭✭✭clint_silver


    To be fair, every photographer has different terms and conditions so booking fees vary, and this seemed to be similar to everyone else that we spoke to at the time. I would imagine photographers use this to cover themselves in cases of wedding cancellations and losing that week's pay. (That said I personally dont usually believe in someone being paid before any work/service is carried out)

    We also certainly didnt expect this to happen having already done a family wedding when we booked him a few months ago.

    If the photographer isn't responding, they have your sisters money and havent given the pictures there is a situation in force here.

    I would suggest calling him and asking to speak directly. meet him, explain the situation, if he hasn't given the pictures to the sister, what guarantees can he given that you'll get yours?

    Explain if he turns up to your wedding without having resolved the sisters situation satisfactorily by then, all the same people will be there and how is he going to deal with that? which for me is a genuine question as he must understand that there will be a lot of angry people there.

    If he can sort out the sisters photos then you can press ahead, if not, an he doesnt want to turn up on the day then you'd be happy to take your deposit back but you need to know now.

    So while you dont need to be heavy handed at this point, for me, you do do need to speak to him face to face.


  • Registered Users Posts: 2,368 ✭✭✭Fionn


    Would you not name the photographer? that might help to resolve the situation!

    unfortunately the fact that the photographer is having problems with another client will have no legal bearing on an agreed non-refundable deposit. Was there a clause in the contract that allowed for a refund if he did not fulfill his end of the agreement? if there is, Id go with what Clint said above - tactfully put it to him that due to the circumstance with the future sister in law that he probably wont be able to fulfill his obligations under the agreement. Without seeing the exact wording of the contract it's a bit of guess work.

    Certainly keep a dialog going and a face to face meeting is always best.

    good luck


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    Dont know if I can mention names is the reason I haven't and its hard to know how someone will react if their name is left up there to be discussed online before issues are discussed in person


  • Registered Users Posts: 2,368 ✭✭✭Fionn


    You have a point, but on other threads here, photographers have been mentioned, inquired about etc. it's sometimes a good way to expedite a solution to a particular problem.

    :)


  • Administrators, Business & Finance Moderators, Society & Culture Moderators Posts: 16,898 Admin ✭✭✭✭✭Toots


    Please do not name the photographer.


  • Registered Users Posts: 4,869 ✭✭✭paulbok


    Well if your sister was to be in charge of organising your photographs with that photographer, and he doesn't answer the phone to her number, then you would have a genuine case of him breaking your contract and he would have to refund your money.
    However getting it off him might be another story.


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  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    Well, things arent looking any better since my last post. My brother in law has received his album after settling out of small claims. Bad blood appears to be there on both sides.
    The photographer is refusing to refund us and is basically making us choose to cancel.
    Only options I see left are :
    - Approach him myself and demand it back, turning up at the odd wedding fair if he happens to be packing up some morning Im sitting outside, generally making a nuisance of myself
    - Small Claims - not sure how successful this will be due to contract terms
    - Joe Duffy/Consumer Show etc


  • Registered Users Posts: 2,353 ✭✭✭pooch90


    Even notifying him of your intention to attend every wedding fair he's due at might be enough to put the s***s up him.
    That's terrible though, why would he even want the hassle of dealing with the family again??


  • Registered Users Posts: 1,977 ✭✭✭johnny_adidas


    He obviously doesnt care and sees it as us cancelling, meaning he's up the deposit at worst. Gets paid in full and has to fill the car with petrol at best if we cant afford to cancel


  • Closed Accounts Posts: 7,484 ✭✭✭username123


    He obviously doesnt care and sees it as us cancelling, meaning he's up the deposit at worst. Gets paid in full and has to fill the car with petrol at best if we cant afford to cancel

    Listen, there is no price on peace of mind.
    I understand the deposit was a few hundred quid and the budget is tight.
    Borrow/save/go cheaper on another photographer because you will not be happy with this guy now no matter what.

    Spread the word on his sharp business practices and then move on. You have been scammed by someone with a brass neck - he was willing to go to court rather than give someone their wedding photos and now he thinks he can do a wedding with the same people? Nutjob. You wont be comfortable using him, its your wedding day, for a few hundred euro, get someone else.


  • Registered Users Posts: 2,889 ✭✭✭clint_silver


    He obviously doesnt care and sees it as us cancelling, meaning he's up the deposit at worst. Gets paid in full and has to fill the car with petrol at best if we cant afford to cancel


    Well, you stand a chance of getting your photos as well that Im guessing you at least half paid for at this stage. that would be looking at it in a positive manner.

    Consult a solicitor I think.
    Also, while Im not sure why he cant be named on boards (theres no mention of any legal action threatened), he could be named elsewhere so anyone searching for his name is under no illusion what theyre getting into.

    toots, why is that about non-naming? lots of other providors have had bad recommendations on here and names were left.


  • Closed Accounts Posts: 7,484 ✭✭✭username123


    toots, why is that about non-naming? lots of other providors have had bad recommendations on here and names were left.

    I thought once you were stating fact it was ok to name people - ie, not slander or libel?


  • Registered Users Posts: 6,686 ✭✭✭tHE vAGGABOND


    We are getting married in 6 weeks :eek: and for a photographer but a request up on both of our facebooks if anyone knew [and would recomend] a good young photographer..

    Got a number of recommendations, and eventually got one who seems excellent and very nice for a lot less than a grand, as she needs to build up portfolio and experience..

    We paid full whack for a photographer for a family party last year and the photos were TERRIBLE, so for this and a bunch of other things we are going on personal recommendations [based on experience, rather than, "her shop is nice" or "good website"] only!


  • Registered Users Posts: 3,010 ✭✭✭BizzyC


    I thought once you were stating fact it was ok to name people - ie, not slander or libel?

    While we're all assuming that the OP is genuine and in need of advice, there's no actual evidence we can supply to a 3rd party to prove what's said on here to be true.
    Since they cant prove it to be true, they run the risk of libel if the person is named.


  • Closed Accounts Posts: 7,484 ✭✭✭username123


    BizzyC wrote: »
    While we're all assuming that the OP is genuine and in need of advice, there's no actual evidence we can supply to a 3rd party to prove what's said on here to be true.
    Since they cant prove it to be true, they run the risk of libel if the person is named.

    Are Small Claims Court proceedings not a matter of public record?


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  • Registered Users Posts: 3,010 ✭✭✭BizzyC


    Are Small Claims Court proceedings not a matter of public record?

    We're getting a bit off topic here, I'll pop you a PM.


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