Retrieving my deposit
Discussion
Around Christmas time I agreed with a car trailer builder, to buy a converted trailer at a cost of £4800.
He asked for a deposit of £800 which I "switched" over the phone. He appeared to be a really good guy, so I trusted him.
Later, a change of situation meant that the trailer would not be needed. The trailer chap was asked how best to resolve my problem. He suggested that he would sell "my" trailer when it was completed and then be able to return my deposit.
The money has not been refunded and I am being given the run around.
As all contact has been verbal, where do I stand. Nothing in writting, just a gentleman's agreement.
Thanks in advance
Graham
He asked for a deposit of £800 which I "switched" over the phone. He appeared to be a really good guy, so I trusted him.
Later, a change of situation meant that the trailer would not be needed. The trailer chap was asked how best to resolve my problem. He suggested that he would sell "my" trailer when it was completed and then be able to return my deposit.
The money has not been refunded and I am being given the run around.
As all contact has been verbal, where do I stand. Nothing in writting, just a gentleman's agreement.
Thanks in advance
Graham
how soon after you pid the 800 did you cancel the order?
he is really only entitled to his losses but he must mitigate. If you informed him qickly then perhaps he suffered no/very little loss. If you left it 1 month perhaps he ordered in the parts.
Put things in writing to him, give him 10 days to refund all of the money you paid or give a detailed breakdown of why he wont or how much he will.
If your not happy with his reply or no reply start a small claims action.
Ta da.
Thats about all you can do.
he is really only entitled to his losses but he must mitigate. If you informed him qickly then perhaps he suffered no/very little loss. If you left it 1 month perhaps he ordered in the parts.
Put things in writing to him, give him 10 days to refund all of the money you paid or give a detailed breakdown of why he wont or how much he will.
If your not happy with his reply or no reply start a small claims action.
Ta da.
Thats about all you can do.
superlightr said:
how soon after you pid the 800 did you cancel the order?
he is really only entitled to his losses but he must mitigate. If you informed him qickly then perhaps he suffered no/very little loss. If you left it 1 month perhaps he ordered in the parts.
Put things in writing to him, give him 10 days to refund all of the money you paid or give a detailed breakdown of why he wont or how much he will.
If your not happy with his reply or no reply start a small claims action.
Ta da.
Thats about all you can do.
I think the OP has to be careful in this one as IMHO jumping to smail claims or written demands would fail. Ill explain why:he is really only entitled to his losses but he must mitigate. If you informed him qickly then perhaps he suffered no/very little loss. If you left it 1 month perhaps he ordered in the parts.
Put things in writing to him, give him 10 days to refund all of the money you paid or give a detailed breakdown of why he wont or how much he will.
If your not happy with his reply or no reply start a small claims action.
Ta da.
Thats about all you can do.
Even though there is in the OPs words a 'gentleman's agreement', in the eyes of the law this is as legally binding as a contract in any other form. Whilst the company can only mitigate their losses, this can also include their loss of profit too!
Indeed, the deposit paid of £800 may not even be enough to cover this and he may be more out of pocket! And indeed... what is the point of a financial deposit to 'seal the deal' if you can ask it back should you change your mind!?
With the legal situation in mind, here is the hypothetical company owners other side of the story:
"This guy saw some of my work and got me to make a trailer for him. I have been messed about before and it cost me loads so at least if I get a deposit off them that at least ensures that only people who are serious about it enough that they know they would lose their deposit will buy and I wont lose out again. He put his deposit down, and I went ahead and ordered the parts and booked it into my schedule and the sub-contractors schedules to make it.
Soon after this he told me his situation changed and he didnt want the trailer any more. I felt bad asking him for the whole of the money as legally the trailer IS his now, but I said to him that instead I would try and sell it on his behalf so with a bit of luck someone would buy it and I wouldnt be out of pocket for this trailer for too long. More importantly though even though I dont have to I can give this guy his deposit back.
Now he is ringing up asking for his deposit back NOW - and I have not even sold it yet - what do I do!? There is no guarantee it will sell quickly so not only have I put my own work into something, bought the parts, paid the subbies, the guy who I am doing quite a good favour for is now demanding his deposit back NOW!"
Of course, this is hypothetical and some of the exact facts may not be exactly right, but the legal and practical concept is the same. As such I would recommend that the OP hold of formal action, as frankly he has no right to any. What I would do however is ask the company owner to put what he has offered in writing. Although what I have explained is that 'in writing' is no more legally binding, it does impress onto both sides that they are not able to 'conveniently forget' what has been said.
At least once you have it in writing you can come back later with some kind of comeback if you find out the trailer has sold, as THEN you would be entitled to your money, and could follow up action formally.
Edited by JustinP1 on Saturday 18th August 10:43
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