Claiming Money Back as a PPG

gubble

Now given the threat implied here I'm going to state this is all fictitious, never happened, similarities to persons living or dead are purely coincidental etc etc.

So long story cut short...........

• Bride books  band for a wedding pays a non refundable deposit by way of Pay Pal Gift.
• Bride cancels booking claiming financial circumstances.
• Band inform bride it's a non refundable deposit - sorry but no refund.
• Band find out immediately she's actually booked another band (both acts are on same circuit, talk, dep for each other).
• Bride pleads poverty again so band replies explaining again it's a non refundable deposit and that they understand she has indeed booked another act.
• Bride then replies stating band are in breach of the data protection act (by talking to newly booked band) and may want to consider this before refusing refund.

Now as far as I'm concerned the bride (being the person who booked the act) has no leg to stand on. The deposit was indeed non refundable and as the act has been cancelled no refund will be given. No DPA breach has ocurrerd either.

However....... as the deposit was paid by PPG is there any chance at all of it being claimed back? We know what they're like for happily issuing refunds without establishing the facts when it's for goods and services.

not_the_dj

No protection with PPG so she wouldn't be able to claim it back that way. 

Nitefly

I thought the whole point of PPG is that it's non-refundable / non-reclaimable?

Can't see any DPA breach either - people are still allowed to talk!

joeyowen

call them a bridezilla 

ThorpyFX

cease all conversation and ignore her. PPG cannot be returned unless the card/account used can be proven as being fraudulently targeted.

Whitecat

(Please note that I am not a lawyer) 

PPG is pretty watertight, that won't be your problem. Deposits are surety on contracts, BUT, there is a catch...

If the deposit could be considered as "part payment" for services to be rendered in future then she could argue that and then be entitled to a "partial refund" in law. How much is not all that clear... loss of profit and admin costs can be taken into account. It's all a little mucky and a (small claims) court may need to decide.

It is doubtful there is a DPA violation as the disclosure was in relation to a contract which is usually a "condition for processing." This is for the ICO and a separate case though and I doubt if she's pleading poverty she has the resources to take you on two fronts. 

fretmeister

Heh.

Bridgehouse

Actually if the other band told you that they had picked up the gig from her then actually they were the data handler not you. Well, actually I don't think there was a DPA breach anyway...

UnclePsychosis

ThorpyFX said:

cease all conversation and ignore her. PPG cannot be returned unless the card/account used can be proven as being fraudulently targeted.

This. Send her a copy of the agreement that was made when she made the non-refundable booking along with a polite but firm "sorry, but non-refundable" email/letter. Then refuse to engage in it any further.

gubble

Thanks Guys. An email was sent out after the 'threat' confirming the booking was made, a non refundable deposit was paid and the booker cancelled. The matter is now closed.

Not heard anything back since. so I'm hoping it's all gone away like a bad dream.

I think the problem here was the lie. Sure you might be tight on funds and things change but that's not the real reason for the cancellation. Just be honest and say you find an act you preferred - it's no big issue at all. If you change wedding venue the original venue are not going to refund you, neither is the florist etc

Bridgehouse

gubble said:

Thanks Guys. An email was sent out after the 'threat' confirming the booking was made, a non refundable deposit was paid and the booker cancelled. The matter is now closed.

Not heard anything back since. so I'm hoping it's all gone away like a bad dream.

I think the problem here was the lie. Sure you might be tight on funds and things change but that's not the real reason for the cancellation. Just be honest and say you find an act you preferred - it's no big issue at all. If you change wedding venue the original venue are not going to refund you, neither is the florist etc

If she's lying up front then you dodged a bullet. The gig could have been a car crash..

TTony

gubble said:

I think the problem here was the lie. Sure you might be tight on funds and things change but that's not the real reason for the cancellation. 

That's nothing compared to the lie she's been telling the groom.;)

CabbageCat

gubble said:

Thanks Guys. An email was sent out after the 'threat' confirming the booking was made, a non refundable deposit was paid and the booker cancelled. The matter is now closed.

Not heard anything back since. so I'm hoping it's all gone away like a bad dream.

I think the problem here was the lie. Sure you might be tight on funds and things change but that's not the real reason for the cancellation. Just be honest and say you find an act you preferred - it's no big issue at all. If you change wedding venue the original venue are not going to refund you, neither is the florist etc

It doesn't matter whether she cancelled due to poverty, bereavement or shark infestation. It's a non-refundable deposit. Business is business, you can't be guilt-tripped. You didn't need to even mention the other band, you could have just said, "Sorry to hear you are poor, you'll be pleased to hear that I'm not because I have your lovely non-refundable deposit. Lucky me."

siraxeman

I'd end communication with a signed pic of the band all holding up a raised glass and write on the back of said pic "we reaise a glass to you and the drinks are on you!" making sure than when said pic is being composed that said band has a big cheesy grin on their boat races.

ChrisCox1994

did the other band just undercut you? if you dep with them / are friends then what did they say about it?

scrumhalf

Have you cancelled a gig that wasn't your fault?

Call Lawyers-Chasing Gig-Vans on 0800...

57Deluxe

I'm still in 2 minds to have a go at PPI... I never had a loan but loads of those 0% cards in the first half of the 0's and maybe some of those had it wrapped up in them??

Could do with a few quid for some new gear

midlifecrisis

careful folks,  a deposit can be considered payment towards goods or services and may be able to be claimed back of the provider if the goods or services are no longer to be supplied (regardless cash, ppg or anything else)  the way round this in future is to call it a booking fee, deducted off the final price..... i am not a lawyer but i do book wedding photography services where no one who knows what they are doing calls it a deposit.

not_the_dj

midlifecrisis said:

careful folks,  a deposit can be considered payment towards goods or services and may be able to be claimed back of the provider if the goods or services are no longer to be supplied (regardless cash, ppg or anything else)  the way round this in future is to call it a booking fee, deducted off the final price..... i am not a lawyer but i do book wedding photography services where no one who knows what they are doing calls it a deposit.

Noted for future use.