Deposit Non Refundable

[tighnamara]

Will progress through the correct channels, just wondering if anyone knows the legal side when non refundable deposits are refundable.
Had put a deposit down on a product 10 months ago at a show to get additional discount. Role on till now and looking at agreeing the design and the order of the product I have been informed that they do not recommend using the material that we had agreed on at deposit time and are now offering a different material that I see as being not suitable.

Have asked for the deposit to be refunded as they can’t supply what was agreed and that no work has been processed or carried out so no loss or expenditure to the company selling the product.

First reply from the company was that the deposit was non refundable and as such I would receive no money back.
This has now been put to another manager and I am awaiting an update and hoping that they agree they can’t fulfill the iniitial agreement, but have a feeling that it will be the same answer.

Surely if there has been no loss to the company, not started any work on the product and can’t supply what was agreed the t & c’s become null and void.

Don’t want to end up going down the small court claim process, but may have to as value of deposit is £1300.

[Hoofy]

I'm no lawyer but surely it's only non-refundable if they can provide what was agreed for at the time of the deposit. They've basically said they can't do as agreed. I guess you'll be seeing them in court.

Otherwise, I can do exactly what you want but require 50% non-refundable deposit.

PS I have no idea what you want.

[PF62]

Two questions -
- Business purchase or consumer
- How did you pay

If it was a consumer purchase and you paid with a credit card then I would make a section 75 claim on the card company. They are usually far more agreeable to deal with.

[tighnamara]

PF62 said:

Two questions -
- Business purchase or consumer
- How did you pay

If it was a consumer purchase and you paid with a credit card then I would make a section 75 claim on the card company. They are usually far more agreeable to deal with.

Consumer and credit card payment.

Good point on the credit card claim, that may well be a better option if I don’t get anywhere with the company returning the deposit.

Thanks

[sgrimshaw]

This might be useful:

https://www.which.co.uk/consumer-rights/regulation...

No need to tell the company what you plan to do, no point in giving them a chance to muddy any waters.

[tighnamara]

sgrimshaw said:

This might be useful:

https://www.which.co.uk/consumer-rights/regulation...

No need to tell the company what you plan to do, no point in giving them a chance to muddy any waters.

That's great, thanks.

Update from the supplier is to refuse to return the deposit but offer credit on any other purchase with them. Don't need / require nor want another type of product from them so will now go down the credit card route and see how we progress.

[tighnamara]

Update - After a lot of conversations the company has agreed to a refund minus a small administration fee.
Took a bit of convincing that they cant just keep a "non refundable deposit" when they couldn't supply what was agreed and that there was minimal expense on their side (admin)

[sgrimshaw]

tighnamara said:

Update - After a lot of conversations the company has agreed to a refund minus a small administration fee.
Took a bit of convincing that they cant just keep a "non refundable deposit" when they couldn't supply what was agreed and that there was minimal expense on their side (admin)

They realise they haven't got a leg to stand on.

Personally, if they tried to charge me an admin fee I'd charge them interest on my money which they've had all this time.