Wedding Photographer Very Late Delivering

<p>Someone please give me some advise or legal options to get a full or even a partial refund from our wedding photographer because I've been crying and stressing over this for a while now. Here is the whole story, we purchased a $1,500 wedding photography package along with an additional $800 photo book (those nice albums with the photos artistically printed on the thick pages) well first of all I feel I should mention the photographer was completely rude and an ******* (word that I can't say) to my family, of whom were nothing but polite to him, at our wedding. He actually yelled at my mother-in-law AND aunt to get out of his way! He had no reason to act that way at our wedding, I was not being a bridezilla, no one was giving him trouble, he just showed up and right of the bat started acting so rude. His wife even apologized for him. Anyway, after the wedding he did get everything from the package we purchased to us in a I guess a timely manner (about 2-3 months) but at that point when I received my wedding photos I had to pick which ones I wanted in the photo book, so I did and then he showed me how he was going to put them in the $800 album and it looked nothing like the artistic sample album he showed me, it was just rectangular pictures printed on the pages with a black background. So of course I told him I wanted it to look more like the sample album with the collage-look and not just pictures printed on black pages and he somehow talked me into designing it myself, pretty much doing a big part of his job. So I copied all of the 100 something templates on a piece of paper from his computer, went home and put a lot of time and effort into designing this album and I had a friend that has one of these types of albums that her photographer made for her so I was trying to use that as an guideline because of course I didn't really know what I was doing, I'm not a photographer. So a couple weeks later I gave him a drawn out design with all of the photo #s and template #s of how I wanted it and he said he would set it all up in the computer with the company he uses and they should have it ready in 2-3 months. So about 3 and a half months later when I hadn't heard from him yet I gave him a call to see if the album was finished and he told me that a couple of the photos didn't work with the template I had picked and that I needed to go back to his place to fix it. I was infuriated, why didn't he call me as soon as he noticed that problem instead of waiting until the album was suppose to be finished? So I said I needed to talk to my mom and I would call him back to make an appointment. Well, that was in June 2010 and I have been calling him ever since and not once able to get a hold of him until about 2 weeks ago from today I called him from my work phone and he answered. Pretty shady. So we set up an appointment for the next day and my mom and I went to his place of business and helped him change the few problems that could have been done over the phone and he told me that he would email me a copy of what he will be sending to the album company to be made in 1 week, he said it several times, only 1 week. A week and a half goes by so I give him a call and he says "oh no it's going to take a lot longer than a week, it won't be ready to preview for printing for a while" I've been very cordial with him up to this point because I want my album so I didn't even ask him why he told me a week if it was going to be much longer. I just said "o.k" well please call me when its ready" then I called my mom crying because that was the point in time when I realized that I was defiantly getting lied to and probably not going to get my album that I put a lot of time and effort into creating and payed $800 in cash for. I called the company that he was using to make my album and explained my situation to them and the man on the phone told me that the photographer probably does not have the money we payed him any more and that's probably why he keeps prolonging it. I just want either our $800 back or even a partial refund so I can order my wedding album that I've been waiting over a year for from someone else. He gave me all the pictures on a disk last year so I don't think I will have a problem getting the album made elsewhere. If anyone knows of any kind of legal action I can take or just any advice to help me deal with this situation I would greatly appreciate it. You can tell by how long and detailed this message is that I am a very desperate person that just wants a refund from this man who has been deceiving and leading me on for over a year now. Please help.</p>

<p>1.) The photographer's behavior at the wedding does not have a bearing on your current situation, so I wouldn't even bring that up in any future discussions and/or legal actions with the photographer or others.</p>

<p>2.) If the only thing you paid for and didn't receive is the album, I'd leave reference to the rest of the package and the photographers delivery of it, out, as well.</p>

<p>3.) What does the contract say about the delivery time for the album?</p>

<p>4.) The best is to try to continue to work with the photographer, but it does sound like you've just about exhausted the attempts at discussion. I would write a letter to the photographer, outlining what you would consider suitable--either the album, looking like it is supposed to, or your money back, but attach a deadline. Be calm and reasonable with your requests, but make sure you let the photographer know that if he does not meet your deadline, you will be taking legal action. This would be small claims court if you are in the U.S. Then, do so. The letter should be sent certified. If you have access to a lawyer, you could try sending the letter through the lawyer, on the lawyer's letterhead.</p>

<p>You may be interested in the previous thread, below.</p>

<p><a href="00Xi8J">http://www.photo.net/wedding-photography-forum/00Xi8J</a></p>

<p>Firstly, I would say you are giving yourself a ton of stress that will foreshorten your contentment in life by pursuing this so much. Not that you should give up, but rather that you might benefit greatly from being able to simply say... "oh well" about it all.<br /> I do understand your dilemma and frustrations, I had a client fail to pay my company about 100 times that amount a few years ago, and it was then that I learned to walk away. However, for some time I had to loose sleep, fret and generally feel a bit unhappy in life. Then one day I simply decided to let it go. That was the best choice I made regarding that situation IMO. I no longer worry about it, but as a result of that situation, I now take a little more care in whom I do business with.</p>

<p>I hope you take this in the spirit it is meant... to suggest you find some peace for yourself, have less things eating at you by letting it go.</p>

<p>As for your book. If you get the permission (in writing) from the photog. you can send me the images and I will help you get your book put together (no charge). Then you may use my book makers (several of them to choose from) to have your book made and you can just pay their cost. Please email me directly if that will help. I won't be able to begin till mid/late Jan on your design though.. just an FYI.</p>

<p>Best, D.</p>

<p>Leanne, I concur with Nadine's #4 suggestion; a lawyer might charge you a couple of hundred dollars if you draft the letter for them to embellish. It'll convey the seriousness of the matter even more if it's delivered by bailiff. </p>

<p>David's experience is unfortunate and an example of nice guys finishing last because they don't fight back - sometimes it just costs more to right a wrong and walking away is the only option. But that's not the case here: small claims court should help you recover all costs. </p>

<p>Your post here is a healthy proactive first step - a form of release to a sympathetic audience, an assurance of your righteous legal position, and David's generous offer giving us all hope that there is still humanity in this seemingly litigious and tortious society. Good on you, David.</p>

<p>My small contribution is to point you to two on-line resources so you can better understand your rights - Chapter 10 and Chapter 8 (in that order) of the following link. It deals with definitions of contracts in business law and your legal recourse. It will be two hours well invested:<br>

[<a href="http://www.youtube.com/user/GRCCtv#g/c/9218F24DF40F8E19">Link</a>]</p>

<p>Good luck to you.</p>

<p>Oh no, this is not fair. This is not the right way to treat your customer.</p>

<p>Well, I am sorry about your situation. I think you need to decide how far and how much money you are will to put into this. To get <em>real</em> legal advice, you need to consult an attorney. It's that simple. I agree that this would be a small claims case. Based on the information given, I would think you would win. This simply means the defendant now owes you money or an album. However, if he or she doesn't have the money, then it is simple a winning in principle victory. You could contact the Better Business Bureau or maybe even a local news team to do a story, perhaps they can investigate more and find out if anyone else hasn't been delivered what it owed. You could send a letter to the photography prior to that letting them know these are the actions you are going to take. If the photography is juggling accounts via damage control, then you have a shot at getting something done. If the money is simply gone, no amount of chest pounding will get it back. Just my .02.</p>

<p>Do you have a dated receipt for the $800 album? Does your state have a Attorney General office? If you have *yes* for both questions: you may be able to get *free* legal service for a fraud-type business transaction. You, the customer paid for something. The photographer did not provide the product you bought. It is sort of like a bad check, but in reverse. It won't hurt to try a visit to the local law enforcement office in your town or county. Local lock-ups are not good places to spend time for bad business practices....</p>

<p>Reasoning: if you wrote a $800 check and it bounced, you would be at the mercy of the photographer. Law works equally for both parties in a dispute.</p>

<p> </p>

<p>Thank to everyone for all your help. I received a lot of good advise and took action today. The photographer ended up refunding me the amount of money I asked him for and I never have to see or hear from that awful man again. I don't think I could have achieved this with out the advise many of you gave me. Thank you again.</p>

<p>I am glad it all worked out. No one needs stress like that but we do "grow from it", don't we?</p>

<p>Leanne, after reading this post and the copyright thread you posted as a follow up (which triggered a torrent of on- and off-topic responses), I would be very, very interested to know how you came to hire this man in the first place.</p>

<p>I ask because building a relationship of trust and care with my clients is of the highest importance to me, and I work on it from the beginning. I wonder whether, by sharing your story, you might be able to help other brides spot some red flags in time to avoid a similar problem. </p>

<p>For example, perhaps you remember some clues from early in your negotiations with the photographer that you now realize were reliable warning signs you wish you'd heeded.</p>

<p>Would you tell us how you found him? Why you chose him? What you learned?</p>

<p>My sympathies for your difficult experience.</p>