Two years, no pictures. Now what?

November 10, 2008 11:50 AM

We ordered our pictures almost 2 years ago, and still haven't received them. Now what?

My husband and I were married in 2002. We used a photographer who was a friend of some friends of ours. He had done their wedding and we loved their photos. He did a great job at ours too. We received our wedding photo proof book in a timely manner.

Because I suck, I never got around to ordering the pictures. In late 2006(!), I contacted our photographer to see if, by some miracle, he still had the negatives so we could place an order. He said he did. We clarified current prices, etc.

In early 2007, I placed our final order. He asked for 1/2 payment up front. I went ahead and sent him the full payment, since I felt bad about taking so long to order. (Yes, I know now this was stupid, friend of a friend or not.) The total came to about $1400, which included the proof book. The check was cashed soon after it was sent.

I contacted him several times throughout 2007 to check on the pictures. When I finally talked to him in October, he explained that he had gone through a very difficult personal time and had not been able to do the pictures, but things were better now. He would get them to us in a month or so. We never got the pictures.

I've tried to contact him by phone and email all through 2008. I have talked to him a few times, each time being assured that the pictures were on their way. We still have no pictures, a year and a half after we ordered them. In my last couple of emails, I told him that if he couldn't get us the pictures I understood, but that he would need to refund us the money paid (minus the proof book).

I don't know what to do next. If this were some random vendor, I would file a complaint with the BBB, and possibly even file in small claims court. Even taking out the proof book, we're out more than $1000. To be quite honest, we paid it so long ago that it is kind of off my radar now, so it's not like my budget is shot, but it's still a lot of money.

However, this *is* a friend of a friend, and we were friendly with him as well if not really Friends. Also, I've never gotten the impression that he was actively trying to cheat us. My theory is that he cashed the check, and then found out that he didn't in fact have the negatives, but had already spent the money. I'm less worried about the money/pictures then I am the fact that he's stringing me along.

What would you recommend we do now?

posted by CrazyGabby to work & money (8 comments total)

You need to give him a firm ultimatum: either return your money or get you the pictures by the end of 2008. If neither happens, it's time for small claims court. Even if the only documentation you have is the cancelled check, it should be an easy case. If you have a contract, even better. Actually getting the money back will probably be harder than winning the case, but having a judgement in hand is definitely a good first step.

He might not be trying to "actively" cheat you, but unless you behave firmly with him, he's going to keep taking advantage of your patience.
posted by mr_roboto at 11:59 AM on November 10, 2008

What would you recommend we do now?

You've been very friendly about this so far; I would take it a step further. Tell him that you don't want to pursue this legally (which sounds true) but that you're frustrated that he's taken money for a service he hasn't performed. These are your wedding photos and they mean a lot to you. If he's unable to or unwilling to give them the care they require, tell him you want your money back so you can find someone else to do them. Given the extreme time frame that's gone on here, tell him you're willing to take it to legal steps if he doesn't produce something concrete (a cheque, your photos) quickly.

If he still fails to come through, pay to have a letter drawn up from your lawyer with your intentions to pursue this. It'll get very real at that point.
posted by scabrous at 12:02 PM on November 10, 2008

I disagree that you need to involve a lawyer. In most jurisdictions, this is a small claims matter, and a lawyer won't be allowed to participate in any resulting court proceedings. You should, of course, make sure what the parameters of small claims are in your own jurisdiction.
posted by mr_roboto at 12:10 PM on November 10, 2008

I agree that you should be firm and set some deadlines and deliverables. You may also want to go to him with a written contract at this point outlining what you've already paid him and what you're expecting from him. I'd also ask for the negatives at this point. If he's not going to do anything with them, the least he could do is turn them over so you could have someone else finish the job.
posted by advicepig at 12:11 PM on November 10, 2008

However, this *is* a friend of a friend, and we were friendly with him as well if not really Friends.

This does not give him the right to take you for a ride to the tune of $1000+. As previous posters have mentioned, set a deadline. If he fails to meet the deadline, take additional steps as necessary(most likely small claims court).
posted by owtytrof at 12:15 PM on November 10, 2008

If you google NOLO and small claims court you'll find useful documentation that probably addresses your area.

Before you do that I'd suggest you gather up everything you have in the way of documentation - canceled check, proof book, copies of all correspondence, etc. Then, using that as a mental aid, document everything to the best of your recall. Wedding this day (I expect you remember this), proof book this day, subsequent contact, agreement, check, past promises, etc.

Then I'd pretty it up and send it, along with exactly what you wish to have happen and when, to this person via certified mail, return receipt requested. I'd not be too apologetic - what do you have to be sorry about? - but just state that you're sorry it's come to this, however you feel that your conversations thus far have yielded nothing but broken promises.

Personally I'd demand (a) that he respond to this message within 14 days, in writing, with the steps that he intends to take to solve the problem (b) that he either (1) refund your money in full within 30 days or propose a repayment plan or (2) deliver your pictures within 30 days or (3) send you all the negatives and 50% of the money.

That's not a lot of time but if he was someone capable of performing without a strict deadline you wouldn't be in this situation.
posted by phearlez at 12:28 PM on November 10, 2008

I would take one more friendly step... clearly he is in over his head with other matters and is having difficulting finding the time/energy to get the photos printed. Fine. Maybe you can acknowledge this either in an email or with a letter. Tell him that you understand that that if he can send the negatives you can call the matter settled. Perhaps go to trouble of sending an appropriate envelope postage paid. Tell him you'd like to get your photos and the whole thing settled ASAP and would appreciate his response by the end of the week. This gives him an out to apologise profusely, keep some money for doing the work of shooting you wedding and printing contacts and then walk away. You guys both save a little dignity for later.

If that doesn't work then full steam ahead with small claims I guess.
posted by amanda at 4:15 PM on November 10, 2008

I have no sympathy for this guy whatsoever. For a photographer, the "time/energy" to get even a very large print order together is negligible.

You're not asking him to land on the moon; just to fulfill his insanely delayed contractual obligation.

I don't shoot weddings (thank heavens) but if I was ever in a position to get myself this jammed up with one of my commercial photography clients, they'd not only get all of their prints free within a week, but would get a full refund for the prints and the most profuse apology I could deliver.

My best guess is that he's long since lost the negatives or the digital files, as the case may be. The very least you can do is to spread the word about his business practices as far and as wide as possible. Plus, take him to small claims court.

I tend to get pretty mad when idiots like this person give the rest of us a bad name, and I'm sure it shows here.
posted by imjustsaying at 4:39 PM on November 10, 2008