advice on getting a deposit back

Flyboy152

arcon5 wrote: »

The problem is you formed an agreement to rent the place and now backing out of the agreement which doesn't have automatic cancellation rights.

However, there was a thread around here a while back about somebody wanting to know if they can get a deposit back for a car order they cancelled/breached. The discussion was interesting in that they could not fine a consumer for breach of contract and could only keep/deduct-from the deposit liquidated losses.

Maybe somebody knows the thread I refer to and has a link..

The only problem would then be if they have turned away other booking in which case the deposit would cover such losses -- rightly so also.

Seeing as there was no written contract, it would be impossible to establish what conditions were set at the time, even if those terms were implied or not.

Flyboy152

priceey wrote: »

i get that

but what financial loss is there on their part?

we didn't give any numbers, just literally put a booking in.

they would not have made any bookings with the catering company as they don't know how many of us there are.

and if anything by having our party there would incur more of a loss due to the festival that's on.

if the deposit is non-refundable, why haven't the brewery stated this at any point?

the only reply we have had off them is that its not their problem and we should chase it up with the ex-manager.

my next port of call is the local press and the press in yorkshire.

If the brewery own the business, it is their responsibility, not former employees.

Flyboy152

vax2002 wrote: »

Basically NO.
A deposit is compensation if you back down and they could have booked the room to others.
Which you have.
A short sharp lesson in the legal term "deposit"

tomwakefield wrote: »

Perhaps they will be unable to rebook it.

Seeing as there is a festival with over ten thousand people in town, it is unlikely they will be out of pocket all.

Have they said anything about it being refundable? If they haven't said anything either way, why assume it's refundable?

Because there is no written terms and conditions to prove that he deposit is not refundable.

I don't really think it'll make much of a story: "Pub doesn't refund deposit upon cancellation". Most people will just think "well, why should they?"

But then that is the risk the pub will have to take, isn't it. Perhaps something along the lines of "Pub manager robs new mother of one hundred pounds," might be an interesting angle.

themull1

Ask to see their booking terms and conditions.

ezio

The issue of the manager leaving is complicating matters.

In a lot of cases you will find you get a deposit returned out of goodwill however it is a bit of a grey area.

Why would the ex manager leave with your deposit or any other money from the till? Surely that's theft?

Try contacting the Brewery again and explain your situation.
Explain you were looking forward to a special family gathering that's now been sullied by this.
Tell them after you realised about the festival you were worried it would affect your private function and so cancelled the booking.
Tell them about being told the manager left with your deposit and ask why he would do this.
Tell them you feel as if your being deliberately sent round in circles and just want to sort it out amicably but feel as if your being dragged into the middle of the ex-manager and the brewery's dispute.
Let them know you have that letter as proof of payment, if that would help, and explain that you can't afford to lose this money as it would mean you couldn't book anywhere else and that would ruin what should be a special occasion.

It all will depend on who you speak to, as with most things in life, but maybe what I've suggested will help.

Do they run any other pubs with private function rooms nearby that would be suitable?
If so you could ask them if they could please help you out and transfer the booking to one of these pubs.
I know they take nothing to do with that side of things however it would mean they keep the money "in the family" so to speak and, again dependant on who you speak to, they might do something like that for you.

My advice would be to ask for help from them not demand and threaten them as that will put their back up and, as i don't think you are automatically entitled to a refund and are looking for a goodwill gesture, make them a lot less inclined to help you out.

Hope you get a good result and enjoy the Christening!:)

asbokid

priceey wrote: »

the festival means that there will be around 10,000 people around that area on the day

so parking there would be impossible, plus we would have to share the pub with all those other people.

the service in there isn't great, so sharing it with about 500 people would be a nightmare. not quite the christening party we fancied! when we realised we were very surprised they even let us book the pub that weekend.

the festival is pretty famous around here.

Are you talking about the Appleby Horse Fair?

http://www.thewestmorlandgazette.co.uk/news/9065693.Arrests_made_at_Appleby_horse_fair/

DCFC79

asbokid wrote: »

Are you talking about the Appleby Horse Fair?

http://www.thewestmorlandgazette.co.uk/news/9065693.Arrests_made_at_Appleby_horse_fair/

the OP said about having the christening in a few weeks so not sure which festival is in a few weeks that could attract 10,000 people

priceey

easyhost wrote: »

why cant the pub take a booking on that day?

as you stated "there will be around 10,000 people milling about that area" so a group of friends decided they will go to the pub on that day, but dont want to fight for a seat or table with 10,000 people milling about, so they club together to book the side room, this way they are guaranteed a seat and table, but cant as it has been booked for your christening, then you cancel, so the pub is left with an empty room.
normally these booked rooms have a separate bar and need to be staffed, so they would get a staff member in to run that bar and they need paying, you cancel so who pays that staff member. that's what the deposit is to cover.

the side room is that, a side room.

no extra bar. it will just be an area for us to have put our sausage rolls.

there would be extra staff, not for us, just for the masses of people that will be filling up the bar.

we wanted to have a nice little party after the christening, and now its ruined, and we have lost our deposit.

we would only have been there for around 2 hours. With all the extra people there that day, that will be 2 hours just queuing up to get served at the bar.

its not like we left it for ages, we booked then tried to cancel a few days later. As soon as we realised the problem we got in touch straight away.

my problem is with the brewery, in that they haven't even replied to any of our letters.

They would not be able to keep any car parking spaces for us, as these will be filled with stalls.

and since you asked, the festival is the Cardiff food and drink festival.

we have two great grand mothers in attendance for the day. i don't think they would have managed trying to push their way through a mass of crowd

We have now had to relocate to a different venue.

asbokid

priceey wrote: »

the side room is that, a side room.

no extra bar. it will just be an area for us to have put our sausage rolls.

there would be extra staff, not for us, just for the masses of people that will be filling up the bar.

we wanted to have a nice little party after the christening, and now its ruined, and we have lost our deposit.

we would only have been there for around 2 hours. With all the extra people there that day, that will be 2 hours just queuing up to get served at the bar.

its not like we left it for ages, we booked then tried to cancel a few days later. As soon as we realised the problem we got in touch straight away.

my problem is with the brewery, in that they haven't even replied to any of our letters.

They would not be able to keep any car parking spaces for us, as these will be filled with stalls.

and since you asked, the festival is the Cardiff food and drink festival.

we have two great grand mothers in attendance for the day. i don't think they would have managed trying to push their way through a mass of crowd

We have now had to relocate to a different venue.

well you're not going to use that venue, so find somewhere else while at the same time, pursue the pub for your £100. Others have asked you whether there was a policy of "no refunds" on deposits for cancelled bookings. You have no paperwork, but were there any terms stated in a verbal contract?

What about a nice barbecue, perhaps on the beach, if the weather's good? What makes you want to celebrate in a pub? Is it near the church?

Flyboy152

asbokid wrote: »

well you're not going to use that venue, so find somewhere else while at the same time, pursue the pub for your £100. Others have asked you whether there was a policy of "no refunds" on deposits for cancelled bookings. You have no paperwork, but were there any terms stated in a verbal contract?

What about a nice barbecue, perhaps on the beach, if the weather's good? What makes you want to celebrate in a pub? Is it near the church?

This would have to have some implied convention or a witness. None of which are present.