Infantreflux.org | Legal question...

This topic has 15 replies, 1 voice, and was last updated 19 years, 5 months ago by Anonymous.

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June 5, 2007 at 4:34 pm #35690

Anonymous
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I don’t know if anyone had to deal with it ever (I hope not) but I’m in so much stress over this right now. Ok, here is the story…It’ll be two years since our wedding on June 19th. We still don’t have the video! We had the agreement that we’ll shoot a funny video done by the guy we hired (which cost us $1000) of us to show to our guest at the wedding and it’s to be included in the wedding video as the final product. Well, we shoot it and we showed it at the wedding but when the time comes to give us the whole thing, we find out (after we paid it all, of course) that the disc is corrupted and he can’t open it. Well, after months and months of “I’ll try to retrieve the film from the corrupted disc”, I finally asked him to give us just the wedding video and give us at least $500 for the film that we don’t have. He refuses saying that as far as he’s concerned the job was done. I keep telling him that I don’t have the final product so as far as we’re concerned, it is not. What can I do legally to get my money or some of it? Thanks

June 5, 2007 at 4:57 pm #35694

Anonymous
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I don’t have any legal advice sorry, but just to chime in our Wedding anniversary is also June 19th but it will be 8 years for us!Alexis’s mom2007-6-5 16:57:26

June 5, 2007 at 5:04 pm #35695

Anonymous
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Sue, Us Too!!!!! 8 years on June 19th! (Feels like 48, but who’s counting )

June 5, 2007 at 5:28 pm #35699

Anonymous
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That is just too funny! Same here it does feel like 48 years especially with this kiddos!!!

June 5, 2007 at 5:36 pm #35701

Anonymous
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8 years for us too (in August)! Feels like 98!

Marianna,

Hmmm…. I’m guessing it would cost you so much to persue this guy legally that it might not be worth it. Maybe small claims court? I forget what the cutoff monetarily is, but I think it’s $1,000. Also I’d contact the BBB, or at least threaten that. Maybe that will get his attention. Good luck. It really sucks to be ripped off. I hope you get your money back or get what you paid for.

June 5, 2007 at 5:53 pm #35704

Anonymous
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At the very least, you could ask a lawyer to write a letter for you, or write a certified letter to him with the threat that if he doesn’t respond to resolving this with you within x days… then you will have to persue legal action against him…etc….

June 5, 2007 at 6:05 pm #35705

Anonymous
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Marianna,

What I would suggest you do is to find a lawyer who deals with this on a daily basis. What I would do is call the guy back (writing the time and date; if you have the other dates and times you called him that would help you) and reiterate what the problem is and that you feel you have given him amble time to give you the completed video, which to this date you have not seen. If he still does not give you an answer to your satisfaction, I would state to him a certain date in which you would like to receive the video (I would give him approximately a week) and if you do not receive it then the next step will be having your lawyer contact him.

I think a little threat of a lawyer may get him in gear. Do you still have the contract to which you signed to have him do this video? Make sure you have all of your ducks in a row and then contact him. Make sure you write down immediately what was said when you called him…..the more documentation you have the better…..and especially if you have the contract. When mentioning a lawyer to him do not sound pissed off, but rather be a matter of fact with him…..be right to the point. I hope this helps?

Just one more thing: My anniversary is on June 19th and it will be 14 years of marriage…….and 2 kids later……WOW time goes by so fast.

Please keep us updated with this situation, I would like to know what happens.

June 5, 2007 at 9:59 pm #35724

Anonymous
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Wow..lol..June 19th seems to be a popular date for weddings I have looked him up and he’s nowhere to be found on BBB. I guess his business is not registered or if it is, it’s under a different name. We’re just so upset over this (well, ok, I am more than DH) but we were hoping to have memories of fun and carefree days and now we don’t have that. We still have the wedding video (at least I hope so)…Dh is threatening to go to his office and “have a talk with him”. We’ll see where his talk takes us…

June 6, 2007 at 1:47 pm #35762

Anonymous
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Oh shoot! I just read the contract again and the fine print:

“if the studio cannot perform the Agreement due to a fire or any other reason, the studio has no further liability with respect to this agreement”

“this limitation on liability shall also apply in the event that the film or the videotape is lost through camera malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Studio”.

So either way we’re out of luck …One of my friends tells me “call the local news channel and expose him that way so he knows you’re not kidding around”. I don’t know if I want to go that far…

June 6, 2007 at 1:49 pm #35763

Anonymous
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Forgot to explain what I mean by saying “local news channel”. We have a “help me Howard” on channel 11 news. The guy’s good. he goes to the businesses and pretty much embarrasses them.

June 6, 2007 at 2:06 pm #35765

Anonymous
Inactive

Oh no! Don’t you hate when the fine print gets you?

I think you could probably expose him for his lousy contract. He’s essentially saying that he has no obligation to honor his agreement. For Pete’s sake! “….fire or any other reason.” Is he joking? What doesn’t fall into that category?

June 6, 2007 at 2:07 pm #35767

Anonymous
Inactive

I would expose him, too…

June 6, 2007 at 2:56 pm #35780

Anonymous
Inactive

I think that would be a good idea……expose him!!!

June 6, 2007 at 5:20 pm #35792

Anonymous
Inactive

I understand that if a disk is corrupt he cannot open it, but he is the one who burned it on the CD, isn’t he??? It says that you cannot hold him liable for the information that he cannot get any more. However, you should not have to pay him for a CD that he did not get to you in working order. “”Without fault on the part of the studio”” It wasn’t your fault. I would continue with it.

I would send a *Demand Letter* of your own. Be specific with dates and amounts paid and what you did and didn’t receive. If, within 30 days, you get no refund, you will turn this matter over to your attorney.

Often times an attorney will give you a free first visit. **Sometimes during that visit you can get the attorney to draft a letter and have it sent out. You may have to pay for this but it would be nominal. When dealing with wedding memories, I would spend a bit to try. You could also say during the atty visit that you need a will drafted and in the future you would like to contact this atty for that service. Give him a bit of hope that you will be back.

I sure hope you get part of your money back.

June 6, 2007 at 6:39 pm #35805

Anonymous
Inactive

Brenda, his explanation is that he spent time making the CD and he showed it at the wedding so his part of the agreement was fulfilled

IN any case, I spoke to him today and he says that he’ll give me $300 back. Should I take it or should I demand all of it back?
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