Email legally binding? Band who didn't learn our song at wedding..

[Elzo]

I booked a band through an agency to play at our wedding. I signed a contract and gave the band over 4 months notice to learn our first dance song for us, and play it at the wedding, although this wasn't stated in the contract.

I do however have an email from the agency, confirming that the band would learn our song for us.

On the wedding day, 2 minutes before the 1st dance was to begin, the band informed us that they wouldn't be able to play the song very well, and would have to play it on CD instead. So we had no choice but to let them play it on CD.

I have since contacted them as I feel that I am owed some compensation for them failing to learn and play our song for us. They are just fobbing us off with excuses why they couldn't play it, such as 'loss of confidence'. If they had given us some notice we could have chosen another song from their set list that they could have played. I feel they have acted unprofessionaly and unfairly, and aren't willing to compensate us for messing up on our wedding day.

Do I have any rights? I feel cheated. As I've said, it wasn't in our contract although I have an email from the agency saying they *would* play the song for us.

[bednobs]

did you have a good day? Are you happily married? if so, i would just let this go as it seems such a small thing in the grand scheme of things. Ok so you couldn't dance to a band-played version of your song, but really, so what? Even you admit you could have picked another song, so clearly the song didint mean all that much? And if the song did mean a lot, surely its better it was played on cd rather than terribly by the band. Honestly, if this is your only worry, i would think yourself lucky and let it go and live a peaceful life.

Also, if the band carried on all night then you accepted their service, and they are entitled to their payment. If you were really unhappy with their unprofessionalism, you would have asked them to leave then and there

[Elzo]

It wasn't so much the song, it was that we wanted a live piece played and that is one of the reasons we chose this band.

I think you are being rather unfair, perhaps you have not been so lucky as to have a wedding day, but for all the cost and stress, you expect a certain level of service.

[TEKOIS]

You had a verbal cntract at some point , so i would say you have a right to claim, plus the email helps your case...good luck.

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[bednobs]

i am lucky enough to have had a wedding day, and also grounded enough to know that not every single thing will go right.
What do you actually want the band to do? Pay you back 1 songs worth of money?
If its not the song that matters, then why didnt you just ask them to play another one?
Sorry i really cant see where you are coming from on this ... Are you really going to go to a solicitor, or start a small claims court action over this?

[Oneeyedvic]

elzo - I totally agree with you - I would state (in writing) that you are not happy with their service etc etc. If they couldn't be bothered to learn your song, they should have given you notice. You had a contract, and they broke it.

End your letter with a "without prejudice offer" which you deem to be fair. Make sure you give them a set time scale to react to the letter and give a refund.

If after that period, they have either ignored you or said naff off, then issue county court summons - it is not difficult and I believe you can even do it online. you don't need a solicitor

I wonder what bednob's reaction would be if you paid a professional car company to chauffeur you to the venue and it broke down 1/2 a mile away and you had to walk? Do you think bednob would say " Well you got to the Church okay - stop moaning"?

[Golden Shred]

It is impossible to give you any useful advice without knowing the exact wording of the e-mail. Is it possible for you to post the relevant section here without disclosing your personal details? Also, please describe the actual loss that you suffered as if you were putting it to a judge and say what percentage of the bill you wish returned to you. Remember that you cannot sue for hurt feelings and the loss has to be absolutely factual and clearly understandable.

[bednobs]

but its not the same analogy oneeyedvic.

If the limo broke down, but they provided an alternative, even in the form of a renault 5 to get me to the church, and i accepted that service then i would expect to have to pay. If not, i would expect to not use their service, or their alternative and get a taxi. In this case i wouldn't expect to pay. If however, you accepted the alternative at the time, and then carried on using their servie, as is what happened here, surely you have no course for comeback? You accepted their alternative.
As golden shred said, what actual loss did you suffer?. There are lots of disappointments in life, and if this isyou reaction to such a small disappointment, im afraid you are in for a lifetime of heartache

[Oneeyedvic]

Well if you think that "but they provided an alternative, even in the form of a renault 5 to get me to the church, and i accepted that service then i would expect to have to pay." and you would receive no discount for the poor service, then we are on very different wave lengths.

Yes, life is full of disappointment, but on the basis that the band in this case gave no warning (2 minutes) to have a replacement in place, and under Supply of Goods and Services Act 1982, the service provider must carry out the service with reasonable skill and care - something they obviously haven't done.

read here for more details: http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

[Dassie]

You booked the band through an agency so your contract is with them. You have an email from this agency, but what did it say? You state first of all in para 2 they said the band would "learn" the song and then in your last para it says "would play". Your dispute/claim is with the agency and not the band, just as if you book a holiday and the hotel is lousy you take it up with your holiday provider.
Just on a technicality the band did "play" the song albeit on a CD !

[bednobs]

will having a smal amount of money make you feel better about this? I'm sorry to bang on, but in the town where i live a few weeks ago, a girl was killed in a car arash in the week before her wedding. Kind of puts silly little beefs like this into perspective dont you think?.

Im not saying you are not entitled to your feelings but just that maybe you could put them in some perspective, especially as you are happily married

[Oneeyedvic]

"I'm sorry to bang on, but in the town where i live a few weeks ago, a girl was killed in a car crash in the week before her wedding. Kind of puts silly little beefs like this into perspective don't you think?" - oh dear God

I suppose if someone says that a photographer didn't turn up, you would say "well at least you had a wedding - this poor girl didn't"

If you can't come up with anything constructive, why try to answer the question?

A question was asked - answers were sought - this being Answerbank and all.

Elzo - hopefully you are still reading this thread - I assume you are new to AB (green name) - just to let you know that the majority of users are helpful and informative - not unhelpful and condescending like bednobs (you may not always like the advise, but it is usually informative rather than negative)

[Elzo]

Thankyou to everyone who has posted constructive replies.

To the person who asked about the wording of the email, it says 'I've spoken to the band, and they are going to learn your first song for you' (and then it names the song and artist). Don't know if this helps?

I just think that it would be a nice gesture for them to realise that they made a mistake and try and do something to make up for it. Its taken me 2 months just to get a response from them - I don't think this is very professional.

[Dassie]

Elzo, That email is from the agency that you signed the contract for the band. Write to the agency and ask them how they intend compensating you. It's then up to them to sort it out with the band.

[Elzo]

I have already written to the agency and they do not intend on doing anything about it, as they say there was no breach of contract.

[Dassie]

They will obviously try and fob you off so if you want to continue this compensation route I suggest you start proceedings in the Small Claims Court. They will then know that you mean business

[bednobs]

im sorry that you dont think my advice has been constructive. Personally, i think its the best advice you have been given on this thread (mind you, i would wouldnt i? :))

the great think about ab is that you can get a range of views presented for your perusal, whether they concurr with what you think or not. I apologise if, as the other poster says you feel i have been condescending to you, I hoped my approach of "dont sweat the small stuff" might offer you another perspective on the situation

[Golden Shred]

I asked you to provide three things (1) the wording of the e-mail (2) how you would describe your loss and (3) the quantum of your claim expressed as a percentage of the total bill. I did not ask this for fun. You have avoided (2) and (3) which I conclude that you are unable to do. The fact is that you have no claim but have disgracefully trumped up some utter triviality with which to try it on. I caution you on two matters (a) seeking to obtain money by false pretences, which is what you are doing, is a (serious) criminal matter and frequently leads to prison, and (b) if you are spreading your trumped up story around your local community and the agency and/or band get to hear of it you will find that the outcome of a libel/slander trial can be very condign indeed. You seem to ne totally unaware that you have placed yourself in considerable peril.

[Elzo]

I don't know where on earth that came from. I thought you were meaning that this is what I would have to put in my letter.
You obviously have other issues that have nothing to do with me - I have done nothing wrong and perhaps you are mistaking me with someone else.

[Golden Shred]

You have posted a long song and dance about your obsession and then ask if you have any rights. My reply is to that so, please, gather your wits about you. I asked you twice to state your actual loss and to express the quantum. Twice you have deliberately evaded these questions. The reason that you evade is that you are trying it on. You are in essence lying in an attempt to extort money to which you are not entitled from the agency/band.

[Elzo]

You have asked me once, and been abusive on two occassions now - so get your facts right.

I have only asked a question, this cannot be taken as an obsession from only posting a couple of times. Either you are a member of the band in question, which I have not named so could not be taken to court for slander - something which should be blatantly obvious to you - or you have had a seriously bad day.

I haven't answered your questions fully as surely people can appreciate that I would not like all the details disclosed on a public forum. And from your response, I am glad that I have kept such details from you.

You are clearly mixed up and should refrain from posting futher , and stop wasting people's time.