Consumer Law, Warranties wedding photographer went under, new company takes over, doesn't fulfill contract

[jschenavar]

My wife and I got married 6-21-08, and paid company "A" a few thousand dollars to handle the photography for our wedding and to create an album from those photos.. A few months after the wedding, we received a letter in the mail from company "B" stating that " "A", due to economic situation, was forced to cease operations. "B" has agreed to fulfill the post-production of the contract. It has been over a year since I've tried contacting "B" and recently left voice mail/email asking questions about the status of our contract only to be ignored.

Does the letter I received have any type of legal binding when it states that the contract was assumed by the new company? What steps should I take to handle the situation and get my photos and/or money back?

John Schenavar

 

[army judge]

My wife and I got married 6-21-08, and paid company "A" a few thousand dollars to handle the photography for our wedding and to create an album from those photos.. A few months after the wedding, we received a letter in the mail from company "B" stating that " "A", due to economic situation, was forced to cease operations. "B" has agreed to fulfill the post-production of the contract. It has been over a year since I've tried contacting "B" and recently left voice mail/email asking questions about the status of our contract only to be ignored.

Does the letter I received have any type of legal binding when it states that the contract was assumed by the new company? What steps should I take to handle the situation and get my photos and/or money back?

John Schenavar

You could try speaking with "B" in person.
Contractually, you have only the word of "A" indicating that "B" has agreed to assume or do anything for customers of "A".
Unless "B" acknowledges the assumption of any of the former obligations of "A", most likely all of the obligations of "A" were discharged in bankruptcy.
Legally you appear to have no recourse.
Therefore, I suggest you make an effort to speak with "B" in person.
If you prevail upon their personal sensibilities, you could see some results.

You may have been able to have salvaged something, had you appeared as a creditor in the bankruptcy proceeding.
If, however, things were as you indicated; you still would have received nothing.
Why?
Because, they had nothing to give!

I'll bottom line this for you.
If "B" won't help, you can give up the ghost on this one.

In the immortal words of the legendary SGT. Preston of the RCMP as he closed his radio show and said to his faithful canine friend and partner, "Well, King, this case is closed!"

 

[jschenavar]

Well, in the letter that I received from "B" it states,

"your contract with "A" has been assumed by "B"..... "B" has agreed to fulfill the post-production of these contracts."

So even with this, "B" cannot be held liable?

 

[FlaRiptide]

We cannot assume that company A went bankrupt. That had not been said in the original post. It can be presumed that company B purchased company A. This would seem more logical with the letter coming from company B stating they would assume the liability of the contract.

I assume you can't followup in person due to distance, yet have you not been able to speak to a live person on the phone?

I'd first verify that the company is still owned by the same owner who wrote you the letter. For all you know you could be dealing with company C!!

http://www.dleg.state.mi.us/bcs_corp/sr_corp.asp

Your emails and voice mails might have been seen by those who are not familiar with your contract and simply choose to ignore. You need to speak to a live representative of the company.

Hopefully all your pictures have not been lost by the company after all this time. Hopefully you have all pre-production copies?!

 

[army judge]

Well, in the letter that I received from "B" it states,

"your contract with "A" has been assumed by "B"..... "B" has agreed to fulfill the post-production of these contracts."

So even with this, "B" cannot be held liable?

If "A" fell upon hard times, perhaps the same fate befell "B"?

 

[jschenavar]

company "B" is still in business, their website appears to be somewhat current, the phone # still gives the proper recording. I cannot actually speak to a live person, they do not return my phone calls.

 

[army judge]

company "B" is still in business, their website appears to be somewhat current, the phone # still gives the proper recording. I cannot actually speak to a live person, they do not return my phone calls.

Have you "Googled" or "Yahooed" company's the name and bankruptcy?

 

[Michael Wechsler]

company "B" is still in business, their website appears to be somewhat current, the phone # still gives the proper recording. I cannot actually speak to a live person, they do not return my phone calls.

The information you've received here has been good, IMHO, and nailed all the right points. It seems Company B bought Company A.

Here's what I might do. Send them a certified letter, return receipt requested, stating that you've tried calling them numerous times and no message left on their machine has been received. Given that these photos are one of a kind, you're left with no choice but to take legal action if the courtesy of returning a phone call and even just providing what they have to you in the raw format cannot be done. As you're hoping to avoid that last step, you'll give them 10 business days to respond (2 weeks.) See what that prompts. Usually certified letters are taken seriously and, at worst, if you just certify the mailing or send it in a big envelope with proof of mailing that usually does the trick.