Refusal to refund deposit/part payment for Pram

gik

bris wrote: »

Why? They are entitled to loss of profit, this is the amount they would make on the sale as if the contract was not rescinded, after mitigating their loss.


Contracts are binding on both parties, they are not to be entered into lightly.

Still no links to any legislation....why?

JethroUK

jaydizzy wrote: »

At no point were we informed it was a special order or that the deposit was non-refundable
...

Deposits are a gesture of "good will" to show that you are committed to buy

and as a result they are inherently non-refundable and you have no right (moral or legal) to ask for this commitment back, otherwise 'a deposit' has no purpose what so ever

You also need to be careful because they also have a legal right to sue you for the balance because your deposit is clear evidence of breech of your agreement to buy

You need to remember that "a deposit" is a real and legally binding commitment to buy and it does form a part of your agreement to buy which is why companies ask you for it

That said you may have some redress under distance selling regs because you ordered on the phone

JethroUK

daytona0 wrote: »

But they are going to be able to sell

You are now both fishing in the realms of SIZE of loss/damage

frugal_mike

JethroUK wrote: »

Deposits are a gesture of "good will" to show that you are committed to buy

and as a result they are inherently non-refundable and you have no right (moral or legal) to ask for this commitment back, otherwise 'a deposit' has no purpose what so ever.

Except that there are legal reasons why a business might have to pay some or all of the deposit back. From the Unfair Terms in Consumer Contracts 1999, the following two quotes come from the non-exhaustive list of unfair terms (Schedule 2):

d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;

e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;

I don't know what the terms of the contract are that the OP entered into so I have no idea whether they agreed to pay an equal amount to the OP if they failed to perform their obligations, but if not then it is legally an unfair term for them to keep the deposit.

It may also be seen as a disproportionately high sum in compensation depending on the amount.

hollydays

The op doesn't make it clear, but is suggesting ? that he paid the deposit( how much was asked for?) and some part payment.it seems the op volunteered the part payment himself perhaps?