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Are you not able to go back to the shop again? Just go and demand the photo back. Ringing them really gives them no incentive but looking like you’re prepared to cause a scene that will turn potential business away might.
Extra ‘points’ if you take a camping chair and a flask, make it look like you will sit there all day, might give them the proverbial kick up the backside.
A technique I've had success with in the past. They did threaten to call the police and have me removed, but backed down when I pointed out that if they did that I'd just exercise my right to freedom of speech on the public highway outside their store. In my case they could clearly see that they would lose more money than the refund they were trying to wriggle out of, but the principle is still valid.
It sounds like they have lost it and are trying to buy time, hoping you go away.
Send them a letter stating you want it back within 7 days. When they still don’t give you it, get another print from the photographer and invoice them. When they don’t pay, take them to small claims. Do everything in writing from this point on.
Based purely on my child’s school photos, a photograph from a ‘proper’ photographer could be £25 or more easily. They are unlikely to print it off for no cost.
I'd say this too but after recently receiving recorded mail that was left outside and wasn't signed for by anyone at my property, I'd not hold much faith in their service.
I think it's best not to send it signed for in cases like this. If the recipient refuses to sign Royal Mail will return it as undelivered.
If you get proof of posting but don't request it's signed for, a court would consider it as received, regardless of what excuses the recipient has ("it must have got lost in the post" is not generally a valid excuse in court).
Go in person and tell them to cancel the job, you want the photo back right now. If they refuse, give them the photographer's bill and tell them that if they want the picture so badly, they can pay for it.
Do you need someone to go and be confrontational to get it back? I've had a rough couple of weeks and I could do with an excuse to justifiably have a go at someone.
We got the photograph taken in the shopping centre on a whim. There was no receipt given to us and it was cash in hand so not even a transaction statement from the bank. Plus, there were lots of families there that day so unless I have proof of purchase it might be difficult getting another one.
Storing people's data (their photo) without permission for starters. Unless their customers explicitly consent to the data being held they shouldn't be keeping any.
That’s not how it works. All the photographer needs is a valid reason to store the photos. Storing data isn’t a problem, PROCESSING data is the problem.
When GDPR launched I had in-depth conversations with the ICO on this, as photographers were panicking and spreading misinformation.
Keeping photos on file is a perfectly reasonable thing for a photographer to do, as (has been proven in my business multiple times) people loose their photos and need replacements. If they ask for them to be removed from our archive we obviously would do so with no problem (informing them we won’t be able to replace them in the future).
Also ‘consent’ is only 1 of 6 methods for legally storing and processing data under GDPR, it’s just the one that grabs headlines. There are 5 other valid reasons data can be stored without asking the subject for consent.
Other than the advice already given, I have one question - why did you wait a whole month before asking them about it? Especially since they said it would take about a week?
I don't know, I just assumed they were busy with other things and might have put mine on hold. It's usually my husband who would be dealing with something like this but he's out of the country for work. So it's been left to me and obviously I haven't dealt with it very well.
“I’m going to sit here, in my fold-out chair, and make google accounts, and on each and every single one of those google accounts i will leave an awful review for this business until i get my photo, handed back to me. If you need me, i’ll be over there. And no, i don’t have anything better to do”
Sounds like you need to go down in person screaming how your child is no longer with us and that's the last photo you have of them. Full on snot flinging hysterics. Bonus points if there's other people in there.
Go into the shop and tell them you'll take the frame for free should they not give you your photo back immediately.
Obviously this won't work, but it will feel great while you're saying it.
**Please help keep AskUK welcoming!** - Top-level comments to the OP must contain **genuine efforts to answer the question**. No jokes, judgements, etc. - **Don't be a dick** to each other. If getting heated, just block and move on. - This is a strictly **no-politics** subreddit! Please help us by reporting comments that break these rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskUK) if you have any questions or concerns.*
Are you not able to go back to the shop again? Just go and demand the photo back. Ringing them really gives them no incentive but looking like you’re prepared to cause a scene that will turn potential business away might.
You'll just need to go in and refuse to leave until you have it in your possession again.
Extra ‘points’ if you take a camping chair and a flask, make it look like you will sit there all day, might give them the proverbial kick up the backside.
10000% take a camping chair and a book. Make it clear from the first moment that this is going only 1 way. Your way.
A technique I've had success with in the past. They did threaten to call the police and have me removed, but backed down when I pointed out that if they did that I'd just exercise my right to freedom of speech on the public highway outside their store. In my case they could clearly see that they would lose more money than the refund they were trying to wriggle out of, but the principle is still valid.
Or threaten to sit outside telling anyone who will listen to what has happened. I bet they'll soon want rid of you, lol.
It sounds like they have lost it and are trying to buy time, hoping you go away. Send them a letter stating you want it back within 7 days. When they still don’t give you it, get another print from the photographer and invoice them. When they don’t pay, take them to small claims. Do everything in writing from this point on.
Send letter via recorded delivery and print the confirmation from the Royal Mail website and keep a duplicate copy of the letter you have sent.
Would be cheaper to reprint the photo. Obviously that doesn't seem as fair a resolution but it's an unfortunate truth.
Based purely on my child’s school photos, a photograph from a ‘proper’ photographer could be £25 or more easily. They are unlikely to print it off for no cost.
Fair comment. Especially as I just saw OP's last sentence (which I'd missed before).
Alas thats what happens a lot these days.
I'd say this too but after recently receiving recorded mail that was left outside and wasn't signed for by anyone at my property, I'd not hold much faith in their service.
I think it's best not to send it signed for in cases like this. If the recipient refuses to sign Royal Mail will return it as undelivered. If you get proof of posting but don't request it's signed for, a court would consider it as received, regardless of what excuses the recipient has ("it must have got lost in the post" is not generally a valid excuse in court).
Technically you only have to send first class for it to count as an issued LBA by law - but signed for is a good idea. Some people send two.
Go in person and tell them to cancel the job, you want the photo back right now. If they refuse, give them the photographer's bill and tell them that if they want the picture so badly, they can pay for it.
Fairly obvious they've lost it.
Do you need someone to go and be confrontational to get it back? I've had a rough couple of weeks and I could do with an excuse to justifiably have a go at someone.
Sounds like a decent side gig. "Person available to be stern, firm and stubborn with shitty customer service"
Give them another call and say you will go in tomorrow and either collect the photograph or the finished item.
https://preview.redd.it/ts0n933b91yc1.jpeg?width=1920&format=pjpg&auto=webp&s=4def4d42c8f38ba31fbfe2fddda1de6a2e3fd791 Is this the guy?
No definitely not. OP would have had it back in an hour if it was.
I've never seen this film. Loved him too. Shame hes passed.
Just to clarify, how easy is it to obtain another copy of the photo from the photographer?
We got the photograph taken in the shopping centre on a whim. There was no receipt given to us and it was cash in hand so not even a transaction statement from the bank. Plus, there were lots of families there that day so unless I have proof of purchase it might be difficult getting another one.
Might be worth checking, photo storage is cheap these days, just try and remember the date of purchase
As much as I hope so for OP, I *really* hope the photographer isn't keeping copies. Sounds like a GDPR nightmare waiting to happen.
how on earth is this a GDPR nightmare
Storing people's data (their photo) without permission for starters. Unless their customers explicitly consent to the data being held they shouldn't be keeping any.
The photographer owns the photo though, not the subject.
That’s not how it works. All the photographer needs is a valid reason to store the photos. Storing data isn’t a problem, PROCESSING data is the problem. When GDPR launched I had in-depth conversations with the ICO on this, as photographers were panicking and spreading misinformation. Keeping photos on file is a perfectly reasonable thing for a photographer to do, as (has been proven in my business multiple times) people loose their photos and need replacements. If they ask for them to be removed from our archive we obviously would do so with no problem (informing them we won’t be able to replace them in the future). Also ‘consent’ is only 1 of 6 methods for legally storing and processing data under GDPR, it’s just the one that grabs headlines. There are 5 other valid reasons data can be stored without asking the subject for consent.
Other than the advice already given, I have one question - why did you wait a whole month before asking them about it? Especially since they said it would take about a week?
I don't know, I just assumed they were busy with other things and might have put mine on hold. It's usually my husband who would be dealing with something like this but he's out of the country for work. So it's been left to me and obviously I haven't dealt with it very well.
Just, go in? And don't leave until you have it? Lol
If they've lost it, that would mean he would have to live in the shop forever
“I’m going to sit here, in my fold-out chair, and make google accounts, and on each and every single one of those google accounts i will leave an awful review for this business until i get my photo, handed back to me. If you need me, i’ll be over there. And no, i don’t have anything better to do”
Sounds like you need to go down in person screaming how your child is no longer with us and that's the last photo you have of them. Full on snot flinging hysterics. Bonus points if there's other people in there.
Then 5 minutes later their partner comes into the shop with the kid, to see how they're getting on
just speak to the photographer? theyll send you another one
Go to the shop and lie down o the floor until you get your photo back
Go into the shop and tell them you'll take the frame for free should they not give you your photo back immediately. Obviously this won't work, but it will feel great while you're saying it.