Paid Retainer and Have Not Had Correspondence for 2 Weeks Can I Get My Money Back?

knobbs on 08/02/2017 - 21:47
Last edited 09/02/2017 - 11:49

Hello Ozb,

I will just start with the usual yes I know this is not legal advice but just advice bla bla bla.

We are planning our wedding and have contacted a photographer, went a met with them and their apartment and have subsequently put a retainer down for their services. We were told "Upon receipt of the retainer payment, I will send you through the Wedding Photography Contract to read, sign and return."

So now after 2 weeks we have still yet to hear back from the photographer. Have called and left several messages, emailed and today have tried to contact them through their FB account today (at the time of writing they had made a post on FB with photos from a wedding 3hrs ago). The wording of their email to us was "To secure your wedding date, I just require a non-refundable $500.00 retainer which goes towards your wedding photography package."

We have just used net banking to transfer the money so no CC protection there.

Is there anything we can do if we don't get a reply in the next few days?

Have their address, bank net statements, BSB and accnt numbers if that helps us prove to some authority that we actually have paid according to their email.

I believe they are an actual photographer as when visiting the place they had photos and albums of weddings everywhere as well as their instagram and FB accounts are full of wedding photos. However I am getting worried our money is now 'gone'.

EDIT. They have since contacted us after just about spamming them with messages. They were moving residences so couldn't reply apparently. All looks good though, thanks for the input to those who gave it

Financial

Comments

  • altomic on 08/02/2017 - 22:18

    keep posting on their facebook page.

  • djkelly69 on 08/02/2017 - 22:49
    +1

    I would have suggested he provide you with the contract to review (which presumably you have little to no chance to alter) before paying a "non-refundable" deposit.

    If you are don't get a response within say a week, I would write a formal email or letter (whatever previous method of communication was) stating that if he does not provide you with the contract as promised within a reasonable time (say 14 days), you will consider the contract repudiated by him and would expect the immediate refund of your deposit. Failing that, it will have to be small claims or similar I think.

    Also you went to their apartment, so the obvious answer is bikies.

    • knobbs on 08/02/2017 - 23:14

      Thanks, will likely go with this after no response from phone/email/fb in a few days

  • garetz on 08/02/2017 - 22:59
    +1

    Why would you just give $500 to some random person you met at their apartment, could easily be a scam. At least you learnt a valuable lesson, why would a photographer require a retainer. Is this what all photographers do ? Not in my experience. If someone had told me that spiel, it would of rang alarm bells in my head, and i would of found someone else.

    • knobbs on 08/02/2017 - 23:14

      Yes all photographers we have contacted for the wedding shoot have asked for a retainer

  • Cheeper on 09/02/2017 - 00:36

    Is it a legit business with an ABN etc or just home hobbyists?

    • knobbs on 09/02/2017 - 11:48

      Home hobbyist

      • SnoozeAndLose on 09/02/2017 - 11:50

        Do you want to name and shame?

        • knobbs on 09/02/2017 - 12:02

          I would have but they finally got back to us after spamming them. Seems they were moving residence and needed to get setup 1st before they responded.

        • Cheeper on 10/02/2017 - 01:33
          +1

          @knobbs:
          ??? It takes how many seconds to let you know that?

        • knobbs on 10/02/2017 - 10:11

          @xywolap: My thoughts exactly

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