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No signed contract or t&c's can we get our deposit back????

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Hi I wonder if someone can offer some advice.
We booked a wedding venue and paid a £500 deposit over the phone. We were then sent out a contract and terms and conditions form to sign and send back. We never signed the contract as we did a quick cheap ceremony instead. Are we entitled to our deposit back as we never entered into any binding contract.

Thank you in advance

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  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    no , you are deened to have accepted contract by paying the deposit


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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    robpw2 wrote: »
    no , you are deened to have accepted contract by paying the deposit

    Not entirely true. While a verbal agreement can be binding it doesnt necessarily entitle the supplier/retailer to the whole deposit.

    The retailer/supplier may be able to deduct actual loss from it, they cannot necessarily keep the whole deposit if they have had no loss or their loss was significantly less.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • ThumbRemote
    ThumbRemote Posts: 4,734 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    robpw2 wrote: »
    no , you are deened to have accepted contract by paying the deposit

    I really don't think this is true.

    They have accepted the verbal contract offered over the phone. They have not accepted the formal contract as was sent out. The two are not necessarily the same.
  • What was discussed when the deposit was paid? Was there anything mentioned about if it was refundable or not?

    When did you decide not to go ahead with the venue? (ie how long after you booked it and how long before the date you booked for) Once you'd decided not to use the venue did you contact them to cancel?

    Also, how much was the deposit and how much would the total bill have been?

    It's true that cancelling the contract doesn't necessarily mean they can keep the full deposit, they are only entitled to consequential losses from your breaching the contract (even if it was only verbally agreed, it can still be a binding contract) but they may be able to say that a late cancellation meant they were not able to re-let the venue (or were only able to let it out at a discounted rate) so they lost income for the day, that they had losses in relation to staff time or outgoings for planning your event etc etc...there are a lot of things to take into consideration in this sort of circumstance.
    Common sense?...There's nothing common about sense!
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Minor point - it's not "consequential" losses, it's provable losses. :)
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