jabs
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| posted on 15/2/08 at 08:35 PM |
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Deposit advice
Need some legal advice. We have recently booked a holiday cottage. On the website, showing the cottage, there was no terms and conditions of the
booking. When we spoke to the owner he said said he needed a £100 deposit, again no mention of any conditions, nor were any enclosed with the receipt
for the deposit. Due to changed circumstances we have to cancel and the owner now tells us that the deposit was non-refundable. If it was clear it was
non-refundable then fair enough but as it wasn't and we haven't seen any t&c how could we agree to them and should we be able to get
our money back.
The week in question is the first week of the school summer holidays so re-letting shouldn't be a problem seeing as it is 51/2 months away
[Edited on 15/2/08 by jabs]
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graememk
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| posted on 15/2/08 at 08:37 PM |
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isnt that what a depost it is for?
if you got there and found out he had rented it out to someone else would you not say "but i paid a deposit"
the guy might not be able to rent it out now
i think its quite fair
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StevieB
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| posted on 15/2/08 at 08:41 PM |
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Technically you're due a refund.
Because there were no T&C's, you'd have to contest it through litigation. It'll cost you more to get a solicitor to handle it
though.
I would recomend you put it to him in writing, stating the story from start to end and in plain english - no emotion or questioning etc. If no
satisfactory response, write again.
If he responds, reply in each case with a letter, even if it's just to acknowledge his letter. If you have a phone conversation, confirm it
back to him in... writing.
At least this way you'll build up a file of correspondance. Then inform him you're starting leagl procedures to recoer your deposit plus
costs incurred along the way.
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jabs
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| posted on 15/2/08 at 08:44 PM |
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We have done all this by e-mail, is that good enough or do we have to use the snail mail
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TOO BADD
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| posted on 15/2/08 at 08:45 PM |
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Cant see that you can get any money back. My son laid £500 deposit on a Skyline with a sort of engine builder/dealer and he needed to pull out but
after taking legal advice and CAB advice he did not have any right to a refund. Only if you have a reciept with a refundable deposit you aintgot a
hope. If you see a bloke with a Skyline and a burnt out business it has nothing to do with me !
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rusty nuts
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| posted on 15/2/08 at 08:50 PM |
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Had a problem years ago with a cottage that some friends and I booked and paid a deposit on but somehow someone got the dates wrong IIRC the upshot
was that the owner could keep the deposit IF he could not relet ?but he had to make reasonable attempts . Check with your local citizens advice
bureaux
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StevieB
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| posted on 15/2/08 at 08:56 PM |
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Go with the snail mail - email is still a bit up in the air with regard to it's formal legal status.
There are al sorts of stories around about people losing deposits etc. and in many instances I would agree that the deposit shouldn;t be returned.
In this instance, no terms and conditions were were made clear at the time the deposit was taken. My angle to take would be that with five and a half
motnhs to go, it would be fair and reasonable to assume that he can find a replacement for your slot.
Should he keep your deposit and fin a erson to fill the slot, which he most likely will given the amount of time, he will have gained additional
profit at your expense when no terms and conditions were exchanged or agreed to.
Ultimately, it all depends how much you need the money back against how much time and effort you have to put into it. It can be very frustrating, but
you must not get aggrevated or emotional about it otherwise you lose the initiative.
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speedyxjs
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| posted on 15/2/08 at 09:04 PM |
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Jabs - I had a similar problem with an ebay member last week and i spoke to my aunt who knows everythink there is to know about this kind of stuff,
and she told me to write this:
'Under the terms of the distance selling regulations, i am entitled to cancel and purchase within 7 days for a FULL refund. I am now notifying
you that i wish to cancell my purchase and would be grateful if you would issue a full reefund of £---.--. If this is not done i will have no choice
but to contact trading standards.'
If you change the wording slightly to suit, and email this to him i can almost garuntee that he will give you a refund. It worked for me and my aunt
has used it loads of times whenever she has had a problem.
edit - print out a copy and send it to him via recorded delivery signed for. This way he has to sign for it and cant say he never received it
[Edited on 15-2-08 by speedyxjs]
How long can i resist the temptation to drop a V8 in?
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Mark G
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| posted on 15/2/08 at 09:14 PM |
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quote:
Originally posted by rusty nuts
Had a problem years ago with a cottage that some friends and I booked and paid a deposit on but somehow someone got the dates wrong IIRC the upshot
was that the owner could keep the deposit IF he could not relet ?but he had to make reasonable attempts . Check with your local citizens advice
bureaux
I think this is pretty acurate, If the owner can relet the cottage then you'll be due a refund but if he/she is unable then they'll keep
your deposit.
I would however expect them to deduct 'Admin' and 're-letting' fee's which could be upto £100.
Personally, If I were in your shoes I'd just wave goodbye to my money as that's kind of what a deposit is for.
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graememk
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| posted on 15/2/08 at 09:25 PM |
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if a deposit was refundable there would be no need in having a deposit would there...
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speedyxjs
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| posted on 16/2/08 at 08:42 AM |
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quote:
Originally posted by graememk
if a deposit was refundable there would be no need in having a deposit would there...
Alot of places have refundable deposits. I have already booked on holiday and one tour both have refundable deposits
How long can i resist the temptation to drop a V8 in?
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