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Was this unfair of the business to do to me?

I ordered some photographs done and wasn't able to pay for them on time. I called the small company and told them, they put me on a payment plan, then the owner called me 2 months later saying I can't do that, to pay it in full or he'd turn me into creditors. Apparently he had already ordered them to be made, paid for them and is waiting on me. 3 more months go by and I still can't make the payments, he calls me again and tells me I need to tell him exactly why I am not paying him. The in general reason is b/c I lost my job, we moved, financial issues w/ my husband's job. He wants to know numbers, employers, addresses, other bills. I tell him I'm not telling him these things, he's not a creditor and it's none of his business! He needed to know I'm struggling to pay him, I can't do anything about it right now. Since he already paid for the photographs he won't let me cancel my order. I don't know what to do.

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Anonymous

Asked by Anonymous at 6:03 PM on Jan. 9, 2010 in Money & Work

Answers (13)
  • Well, if has already paid for the photographs to be produced, then you owe him the money. Yes, it is in his best interest for him to be nice about it, but he isn't in the business of giving out freebies.
    acollins09

    Answer by acollins09 at 6:06 PM on Jan. 9, 2010

  • (This is the poster) He's hasn't given me the photographs. He has the ability to send them back, if the consumer doesn't like the end product. So if I paid him (ha at this point when I can afford it) and didn't like it, THEN I get a refund, but he can't cancel it based on emergency financial issues? That and he has the right to badger me about those financial issues?
    Anonymous

    Answer by Anonymous at 6:10 PM on Jan. 9, 2010

  • to my knowledge, he can actually submit to the creditors for the actual photos since you don't have them, he could only ask for payment for his time to take the photographs.

    but on the other hand, maybe you shouldn't have ordered photographs you couldn't afford.

    Anonymous

    Answer by Anonymous at 6:16 PM on Jan. 9, 2010

  • Did he provide you with a contract that says no cancellation? If not, then tell him to take you to small claims court but to stop calling your home or you will report him to the Federal Trade Commission and the Better Business Bureau
    admckenzie

    Answer by admckenzie at 6:17 PM on Jan. 9, 2010

  • (Sigh, poster again...) We could afford them at the time. The photos were supposed to take a certain amount of time and we were able to save for them in a couple months on what we made. Then crap happened. He hasn't done anything with creditors, yet.
    Anonymous

    Answer by Anonymous at 6:19 PM on Jan. 9, 2010

  • He provided the service, now you owe him. period. i understand you have run into some financial trouble, but honestly that is not HIS problem. I agree that he SHOULD be nice about it, but he doesn't HAVE to be nice. Even if he sends them back - he has spent time taking the pictures, there was a cost to develop the pictures. Both are worth something. IF he takes you to court, he would win at the minimum those costs. So it would benefit BOTH of you for you to find a way to pay for them.

    My advice call your mom or someone close and ask if you can borrow the money. Then pay THEM back in payments.
    ratchetlee

    Answer by ratchetlee at 6:22 PM on Jan. 9, 2010

  • He hasn't done anything with creditors, yet.

    He is a creditor. Anyone who has a binding contract in which you agree to pay them money is a creditor. Very simply, what does it say on the agreement you filled out when you ordered the pictures?
    NotPanicking

    Answer by NotPanicking at 6:31 PM on Jan. 9, 2010

  • Sounds to me like he's being fair. I don't think asking you about all of those personal things is appropriate, but he probably is just trying to get his money. He provided you with the service and paid for the photos, now you owe him, simple as that. Chances are, he'll end up sending it to the creditors. If you just start paying him a little at a time and keeping copies of the checks you pay with, then he can't send it to creditors because you are paying in good faith. Even if it's $10 here and there.
    Anonymous

    Answer by Anonymous at 6:41 PM on Jan. 9, 2010

  • If he hasn't delivered the photos, he can't charge you for them. He can charge you for the session, but any good photographer is going to have you pay for that up front anyway. We use a professional photographer, and we pay fro the session when we walk in the door. We come back a week later, and look at our pictures, and select what we'd like to buy. We pay for them, and only then are they ordered. They come back in a week. He is in the wrong because he ordered something without getting payment first. I do think you owe him money and you should pay him, but he took a risk ordering them without your payment. I don't think there's a lot he can do unless there is a written contract. I also think it's odd that he's asking for your employer, bills, etc. He's a photographer. That's just very odd to me.
    whiteroses82

    Answer by whiteroses82 at 8:21 PM on Jan. 9, 2010

  • You do owe him the money - but you are NOT responsible for telling him personal financial information. It is none of his business. If you can't pay, that is all he needs to know. If he has the ability to send them back and be reimbursed from the printer, then he can do that...
    RutterMama

    Answer by RutterMama at 10:46 PM on Jan. 9, 2010

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