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J
Beginner September 2018

$2500 non refundable deposit with Caterer who lied

Jacqueline, on September 10, 2018 at 2:42 AM Posted in Etiquette and Advice 0 17

So we met and talked with a local caterer, who knew at time of meeting where we were getting married. mentioned and website stated is a preferred caterer, also said he had a dj he worked with and would have handling the day of. needless to say being local, small business great reviews we signed our contract with a $2500 non refundable deposit. We were going over our vendors with the venue and in 2016 this caterer was told he wasn't allowed on the grounds.He knew at the time and still offered his services, took a contract and deposit. The caterer after being contacted by our venue, contacted the dj telling him to get approved as a caterer for the venue. The dj attempted and was denied with the venue knowing what was going on. We now are needing to find a new caterer and get our money back, PLEASE help me with advice on how to proceed. Let me add that we have 3600 on the line with our venue and and all other deposits.

Thanks in advanced stressed out bride

17 Comments

Latest activity by Theresa, on September 11, 2018 at 4:12 PM
  • AQuixoticBride
    VIP July 2018
    AQuixoticBride ·
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    I am not certain that I am understanding. Was the caterer listed as a preferred vendor on the venues website or just the caterers? Assuming you booked the venue first, they should have given you a list of preferred vendors. If therevare vendors they do not allow, they also should let you know that, too. If the caterer knew they would be unable to do the job, then they made a contract with you in bad faith and should refund your deposit. Have you asked for the deposit back? What does your contract say? My catering contract said that if they were unable to perform the services, for whatever reason, that my deposits would be refunded 100%. If the venue refuses to work with them and they refuse to refund the deposit, you may need to take legal action. I would also ask for a statement (proof) from the venue that the caterer had been notified that they cannot work the venue.

    Sorry you are having this stress. That's a lot of money to have in limbo.
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  • Winter Bride
    Expert December 2018
    Winter Bride ·
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    Did you pay for the deposit on a credit card? If the vendor lied and refuses to give back the deposit then you can file a dispute with your credit card company and they should pull the funds back and refund your account.

    If you paid paid via check or cash, you’ll probably have to sue him through small claims court.

    Is the cendor refusing to refund refund the deposit?
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  • KiwiDerbyBride
    VIP May 2015
    KiwiDerbyBride ·
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    I’d say it’s time for a consult with a lawyer.

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  • B
    Devoted September 2018
    Bri ·
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    I would agree, you'll probably have to take him to small claims court to get your deposit back.
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  • C
    Super October 2018
    Cassandra ·
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    Why isn’t he allowed at the venue? That is a red flag in my books.

    This situation makes me what to give you a big hug! Have you talked to the carter about having a refund of your deposit?

    I would talk to a lawyer, however, I’ll be the bearer of bad news. If you signed a contract stating you are giving a non refundable deposit, it will be hard to fight. BUT still talk to a lawyer, because I don’t have a law degree and there might be a way around it.

    I would then talk to your venue, asking them why he can’t be there, and explain the situation. Maybe they should have stated that he isn’t allowed there. And ask them what you can do or what they suggest. That is a lot of money and stress you shouldn’t have to deal with.
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  • NVV2B
    VIP January 2019
    NVV2B ·
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    Sue them through small claims court. It will be a pain in the ass but that is the only way to get your money back.

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  • c
    Super May 2019
    c ·
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    Can you ask your venue to make a one time exception? Finding a caterer on short notice might be tricky at this point!

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  • J
    Beginner September 2018
    Jacqueline ·
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    Thank you all for your kindness and advice. To answer a few questions that have been brought up.. Our venue is a historic property, there are several things that the property states you can and can not do. We knew that going into the venue, I work for a local bank where we live and are getting married. Said caterer is a customer of ours and approached me while i was assisting them about my upcoming wedding. We got to talking and he gave me his info, I was contacted by another person who stated they worked with him directly and btwn the two they would take care of catering and dj. Spoke with both parties at length, the caterer had previously been on the venue grounds and said that he and the woman who runs the venue didnt get along. I have heard that from many people as its historic property they are very strict on the do's and dont's. When we spoke with the venue about who we were using they right then and there said in 2016 he was told he wasnt allowed to be on the property. There had been issues with previous brides and this caterer as well as the caterer and his employees were apparently drinking and not doing their job.

    The caterer has on his website that he is a preferred caterer for our venue.

    We reached out to the caterer and he said that it was not a problem he physically wouldnt be on the grounds day of. OUr venue reached out to the caterer and he in return told our Venue that we were under contract with the DJ for entertainment and food and i only mentioned them because they are a customer of mine. Issue one is not being allowed and pushing that on another vendor is not ok, two is you lied to me and my venue. My contract is in fact with the caterer and so was the deposit. Our venue is not allowing anyone under the caterer to be on the property. As our contract with them states if not approved they will cancel our date. And my venue is more important, but would like to try and get some if not all of the funds that they are saying they wont refund. Its a breach of his not being able to fulfill the contract

    I have spoken with an attorney and they said no1 will talk to me due to the amount and its not worth their time or my money to have a consult.

    I will look into small claims /sueing just not what a bride needs less then 3 weeks before her day.


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  • J
    Beginner September 2018
    Jacqueline ·
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    We've already found a new caterer, we just would like the previous caterer to take some ownership and make right of the wrong.They've done no work and they are already doing another event. They are not out on a job they have been given amble notice and knew at the time they were not allowed and still lied and said they were.

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  • HayMrsO
    Master October 2018
    HayMrsO ·
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    I am so sorry this is happening to you! I would give him a terrible review on every website I could find. I would report him to the Better Business Bureau. Then I would take him to small claims court. Make sure you screenshot his website before he takes the misleading information down. What he did to you is fraud. I would let it go until after the wedding and then go after him. Don't let him do this to another bride.

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  • MrsD
    Legend July 2019
    MrsD ·
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    Did your contract state your venue? Or did it state the caterer would do the work to be approved by the venue? If it did, I think you'd have legal standing to get your deposit back.

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  • J
    Beginner September 2018
    Jacqueline ·
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    @AlmostOliveira -thank you for the idea, i didnt even think to screen shot the website!

    i checked my states local small claims and did find a link to help find legal help. I submitted a request to be contacted.


    @FutureMrsD- my contract with the "caterer" did state the venue, and so did our initial correspondence.

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  • Kristen
    VIP August 2018
    Kristen ·
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    Did you sign a contract? You'd need to look at it in detail to see if there is a part stating that if they don't give you service you get money back.

    Another question is did you pay via credit card or check/cash? If you paid via credit you are well within your rights to dispute the charge. If you paid cash then you have to take this to small claims court.

    Look at the contract and let him know that you aren't going to put up with his BS.

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  • Winter Bride
    Expert December 2018
    Winter Bride ·
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    How did you make the payment?
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  • J
    Beginner September 2018
    Jacqueline ·
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    We paid by a bank certified check, contract doesn’t state anything about not providing services.
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  • Stephanie
    Expert October 2018
    Stephanie ·
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    Can I just say all of my contracts say that if a service is not performed that I do get my money back? Thats unusual not to have in a contract. As in if my vendors bail, they are responsible for refunding services and such. The caterer definitely needs to refund you. Small claims court is definitely the way to go here. I am sorry you need to find a new caterer so close to your day.

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  • T
    Expert May 2010
    Theresa ·
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    You should also contact your State Attorney General's office. They deal in consumer protection, and can guide you on what to do. They may also be able to take action to assist you, like the Better Business Bureau.

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