non refundable deposit
Discussion
My wife ordered a dress in to a local shop, dress came and she wasnt happy with colour, looked different to the sample they had shown her before on the computer screen. She left a £100 deposit. Dress was ordered in from supplier (not made to measure etc). Shop owner now says she cant have the £100 back. Deposit paid on Visa debit. Have we any legal reDress (no pun!)
To add, she wasnt made aware that it was non refundable at the time.
To add, she wasnt made aware that it was non refundable at the time.
Have you compared the newly-arrived dress with the image on the screen? How different is the colour?
(Unhelpful aside: representing colour on computer monitors is notoriously difficult. Relying on a colour seen on screen is never a good idea. I know, easy to be wise after the event etc etc etc.)
(Unhelpful aside: representing colour on computer monitors is notoriously difficult. Relying on a colour seen on screen is never a good idea. I know, easy to be wise after the event etc etc etc.)
kiethton said:
Id be inclined to offer the shop one last chance to return deposit, else threatening a chargeback via the debit card/bank.....if not forthcoming progress a charge-back - goods not as described.
I'd go along with this. The dress wasn't made-to-measure so the only 'loss' is the hassle of restocking it somewhere. White/cream is not a trivial difference (and is very hard to tell apart on screen). Talk to anyone who has ever shopped for a wedding dress, wedding cake decorations or wedding flowers!
The shop can only keep enough of the deposit to cover any costs they may have incurred; i.e. shipping or postage. However, if the goods are substantially not as described, then I would expect a full refund.
Furthermore, a deposit would normally be a nominal amount, say around 10% of the total cost. Anything beyond that could be considered as a part payment rather than a deposit which the shop would not be entitled to keep.
Furthermore, a deposit would normally be a nominal amount, say around 10% of the total cost. Anything beyond that could be considered as a part payment rather than a deposit which the shop would not be entitled to keep.
Edited by DIW35 on Wednesday 20th March 10:51
Such conduct is illegal under the Consumer Rights Act 2015. So your best bet is probably to write to them (email is fine) saying you've taken legal advice; that under the CRA the retention of the deposit is illegal; and that unless they return it to you within 7 days you will issue a County Court claim through the Moneyclaim website - https://www.moneyclaim.gov.uk/web/mcol/welcome
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
Pro Bono said:
Such conduct is illegal under the Consumer Rights Act 2015. So your best bet is probably to write to them (email is fine) saying you've taken legal advice; that under the CRA the retention of the deposit is illegal; and that unless they return it to you within 7 days you will issue a County Court claim through the Moneyclaim website - https://www.moneyclaim.gov.uk/web/mcol/welcome
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-servicesYou should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
Suggests that reasonable a business can retained a reasonable charge for the cancellation? although £100 sounds unduly high?
OverSteery said:
Pro Bono said:
Such conduct is illegal under the Consumer Rights Act 2015. So your best bet is probably to write to them (email is fine) saying you've taken legal advice; that under the CRA the retention of the deposit is illegal; and that unless they return it to you within 7 days you will issue a County Court claim through the Moneyclaim website - https://www.moneyclaim.gov.uk/web/mcol/welcome
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-servicesYou should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
Suggests that reasonable a business can retained a reasonable charge for the cancellation? although £100 sounds unduly high?
kiethton said:
OverSteery said:
Pro Bono said:
Such conduct is illegal under the Consumer Rights Act 2015. So your best bet is probably to write to them (email is fine) saying you've taken legal advice; that under the CRA the retention of the deposit is illegal; and that unless they return it to you within 7 days you will issue a County Court claim through the Moneyclaim website - https://www.moneyclaim.gov.uk/web/mcol/welcome
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-servicesYou should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
Suggests that reasonable a business can retained a reasonable charge for the cancellation? although £100 sounds unduly high?
Is it a small family run shop or a franchise?
I know it makes no legal difference but just general etiquette.
It's difficult running a small family shop on the high street and they did have to order the dress specifically.
Maybe try to come to compromise such that you cover any out of pocket costs if it is a small enterprise.
I know it makes no legal difference but just general etiquette.
It's difficult running a small family shop on the high street and they did have to order the dress specifically.
Maybe try to come to compromise such that you cover any out of pocket costs if it is a small enterprise.
OverSteery said:
kiethton said:
OverSteery said:
Pro Bono said:
Such conduct is illegal under the Consumer Rights Act 2015. So your best bet is probably to write to them (email is fine) saying you've taken legal advice; that under the CRA the retention of the deposit is illegal; and that unless they return it to you within 7 days you will issue a County Court claim through the Moneyclaim website - https://www.moneyclaim.gov.uk/web/mcol/welcome
You should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-servicesYou should also say that you will report them to the Trading Standards department of your local authority - this may actually be seen as a bigger threat than a County Court claim.
Suggests that reasonable a business can retained a reasonable charge for the cancellation? although £100 sounds unduly high?
Otherwise (if it IS as described) , the OP's wife should expect to cover their costs and receive the balance of the deposit back.
Someone will be out of pocket, and that should be the person who is at fault..
Edited by Kuji on Friday 22 March 08:43
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