Non refundable deposit?

Grew

On the 8th of Febuary I put down £80 as a deposit for a £540 pram/travel system. They said I could pay as much as I want as and when and they order the pram one month before the baby is due which would be July. We have just found out I need to move house and I need the deposit back as I need to pay the admin fee, the deposit ect basically £6-700 in the next month. I'm not working at the moment and I'm just living off my savings until I've had the baby and then I'll go back to work. We went back to the ship and they said the deposit was non refundable due to the contact. Firstly we were never told that the deposit was non refundable and secondly we never signed nor seen a contract? I'm just really desperate for that £80-I can understand if it was at short notice and it put them out of pocket. What rights do I have and what's the best course of action. Thank you before hand for your help and advice.

unholyangel

Is this a pram they're ordering in/making to your specifications?

They are entitled to keep any loss they have incurred from your deposit. This can obviously change depending on the circumstances.

When did you originally contact them about cancelling also? If you ordered on the 8th and cancelled on the 9th, imo they'd be hard pushed to justify keeping the whole deposit.

Grew

Told them about it on the 15th. They don't need to order it in until Juky and the pram has not been altered to suit my needs, just a generic one from the baby style catalogue. They won't have done 'anything' in terms of Occuring any loss

unholyangel

Grew wrote: »

Told them about it on the 15th. They don't need to order it in until Juky and the pram has not been altered to suit my needs, just a generic one from the baby style catalogue. They won't have done 'anything' in terms of Occuring any loss

Are you absolutely sure they havent placed the order yet? If so, there shouldnt be any loss on their part (except perhaps a small administration charge).

Grew

As far as I am aware they haven't, as why would they order a £540 pram when all I paid was £80, the idea was I would pay it as and when with over a month spare then they would order it in a month before my due date.

bris

unholyangel wrote: »

Are you absolutely sure they havent placed the order yet? If so, there shouldnt be any loss on their part (except perhaps a small administration charge).

And what about the loss of profit from the sale, you must know by now they are entitled to the net profit from the sale because the OP is in breach of contract.
I am amazed that some of the regulars on here still don't know how deposits work.

unholyangel

bris wrote: »

And what about the loss of profit from the sale, you must know by now they are entitled to the net profit from the sale because the OP is in breach of contract.
I am amazed that some of the regulars on here still don't know how deposits work.

And i'm amazed you dont know by now that there is no entitlement to any loss that can be reasonably saved (by finding another customer for example). As covered in OFTs unfair contract terms guidance.

Grew

Baby style charge £540 for the pram from their catalogue, I could go to them direct and get it for that price. That's what this shop were also charging. And it was 1 week later that I asked for it back. They should have told me it was Non refundable and let me see the 'contract' I never knew about.

Grew

And the thing is they haven't 'lost' any money...they just got £80 for nothing-no goods or service.

Fire_Fox

Contracts can be verbal or written, deposits are generally non refundable. However they should have told you somewhere that the deposit is non refundable, be that a sign in the store, on the back of the receipt or verbally. Ask them how they did this.

Unfortunately your personal circumstances are irrelevant, either the deposit can be claimed back or it cannot. They company have done something, they spend dealing with your order when they took it, time dealing with you now asking for a refund, and have admin costs associated with processing the money coming in and going out again.

timbstoke

It sounds to me like this is very much foul of the Unfair Terms in Consumer Contracts Regulations. I'd write them a letter, pointing out that at no point have you agreed that the deposit was non-refundable, and as such you expect a full refund within 21 days. Copy it to head office if they have one.