Retailer wont give back my deposit

spacey2012

They are entitled to keep what they can prove as losses, if paper work and sales time was involved £49 would be within the limits of administration charges for non performed contract.
If they had a larger amount you might have a chance.
A very short sharp lesson in deposits

phoenixru

why should they be allowed to keep the deposit? ridiculous! im gonna get my money back as a matter of principle!

arcon5

phoenixru wrote: »

why should they be allowed to keep the deposit? ridiculous! im gonna get my money back as a matter of principle!

Because you have breached the contract you entered in to and it has cost them money in time and resources. You are liable for these costs.

You say they never told you it was non-refundable, did they tell you it was? Did they tell you that you can cancel the agreement if you change your mind? No, when you buy goods in a shop you don't generally have a statutory right to rescind from the contract - hence why the advise to shop around before buying is valid.

Contracts must be fair and equal - if they breached the contract you would have a claim for your losses, and it works equally if you breach the contract and cause them losses.

bris

phoenixru wrote: »

why should they be allowed to keep the deposit? ridiculous! im gonna get my money back as a matter of principle!

No, your not because your not entitled to it back. When you put down a deposit it is a binding contract between the parties involved, neither can rescind this contract without the others permission. If he had said he wants more money or sold it to someone else you would have legal recourse against them, same as he has against you. For £49 on a £549 fireplace you are getting away lightly.

ILW

phoenixru wrote: »

why should they be allowed to keep the deposit? ridiculous! im gonna get my money back as a matter of principle!

Because you reneged on a contract, which is a slimy thing to do.

phoenixru

how is it slimy, surely i have the right to cancel! i would understand on made to order items or bespoke products but this is off the shelf that they dont even stock and had'nt even put the order in to the supplier yet! i have spoke to the supplier and they are also appalled by the actions of the retailer!

bris

phoenixru wrote: »

how is it slimy, surely i have the right to cancel! i would understand on made to order items or bespoke products but this is off the shelf that they dont even stock and had'nt even put the order in to the supplier yet! i have spoke to the supplier and they are also appalled by the actions of the retailer!

Have you not took in any of the comments listed, you do not have the right to the deposit back.
However keep going on about it a bit longer and I am sure someone will tell you what you want to hear.

Meadows

bris wrote: »

Have you not took in any of the comments listed, you do not have the right to the deposit back.
However keep going on about it a bit longer and I am sure someone will tell you what you want to hear.

:rotfl: :T

unholyangel

bris wrote: »

No, your not because your not entitled to it back. When you put down a deposit it is a binding contract between the parties involved, neither can rescind this contract without the others permission. If he had said he wants more money or sold it to someone else you would have legal recourse against them, same as he has against you. For £49 on a £549 fireplace you are getting away lightly.

Yes you can, just not without being liable for any reasonable loss incurred by the other party.

TonyMMM

Takeaway_Addict wrote: »

Ultimately I would suspect you need to send them a letter before action and then maybe go to small claims court

If they have refused to refund the deposit- then the above is your correct course of action. They may pay up to avoid the hassle, or it may end up at court....which you may or may not win.