Deposit Paid but Credit Refused

glentoran99

GingerBob wrote: »

Astonishing! Words fails me, almost.


OP. Ignore this claptrap. Essentially, if they refuse to pay back your deposit they are stealing from you, whatever the T&Cs might say. I'm not sure what the remedy is at this point, but of course your first action should be to ask them for it back. If they won't give you back YOUR money then maybe Trading Standards is the first port of call. Perhaps also see if your local newspaper would be interested.

That's nonsense, The credit facilty is totally separate from the agreement to purchase

GingerBob_3

glentoran99 wrote: »

That's nonsense, The credit facilty is totally separate from the agreement to purchase

No. Not nonsense at all, and I know that. The point you are missing is that the situation regarding potential loss (theft is maybe a better word) of deposit as a result of credit not being available was not, apparently, put up in red lights for the OP to see. If there's a chance that a deposit could be lost under these (obnoxious) circumstances then the merchant should have made this abundantly clear and warned the purchaser of the risk. Better still, they should not have taken the deposit until credit was secured. We haven't got the full facts, but I would say the actions of the merchant, if they don't refund the deposit, are verging on criminality.

molerat

The OP states that, prior to applying, they told the staff member that they could only proceed if credit was available so the provision of credit does form part of the contract. I am sure that a court side with OP.

Arleen

molerat wrote: »

The OP states that, prior to applying, they told the staff member that they could only proceed if credit was available so the provision of credit does form part of the contract. I am sure that a court side with OP.

Court will have two issues with that:
1. Lack of evidence. OP will say "said so", the company will say "said not" and it's a wash. Actually even if the company confirms that the OP "said so", then even that doesn't negate the paper contract. They simply could take his words as "well, without financing we can't go ahead but we love it so much here is our deposit anyway".
2. There is a paper contract that says differently (as every deposit by default is non-refundable unless stated differently in the contract), and it presumably was signed by both parties. If there were some extra provisions to the contract then they should've been put in the contract.

Ignorantia juris non excusat.

bigjl

CodeMonkey99 wrote: »

Thanks - but by stipulating that the means for payment was by their credit facility means they have to provide the credit facility - they've failed to do that.

So if you know that to be true why have you started the thread?

To correct people whose advice you disagree with?

bigjl

GingerBob wrote: »

Astonishing! Words fails me, almost.


OP. Ignore this claptrap. Essentially, if they refuse to pay back your deposit they are stealing from you, whatever the T&Cs might say. I'm not sure what the remedy is at this point, but of course your first action should be to ask them for it back. If they won't give you back YOUR money then maybe Trading Standards is the first port of call. Perhaps also see if your local newspaper would be interested.

Just one point.

Is it the kitchen companies fault that the OP failed to get the credit?

As you would only fit a kitchen to your own property then the OP must be a home owner.

Surely if there was a credit problem then the Op was aware of it.

It isn't that difficult to get a loan secured on the property for home improvements as they usually add value to the property.

But then again this is a thread started by a new member of the forum and within a few posts they are argumentative.

CodeMonkey99

Didn't think I was being particularly argumentative, just stating a few more facts and I didn't disagree with anyone - just stated a few facts.

This isn't a particularly nice place to be guys, lots of you seem to be overly annoyed so I'll keep my involvement to a minimum - will update you on the result though.

Is there a pleasant version of this forum anywhere?

GingerBob_3

CodeMonkey99 wrote: »

Didn't think I was being particularly argumentative, just stating a few more facts and I didn't disagree with anyone - just stated a few facts.

This isn't a particularly nice place to be guys, lots of you seem to be overly annoyed so I'll keep my involvement to a minimum - will update you on the result though.

Is there a pleasant version of this forum anywhere?

Not that I know of. Too many smug smartasses on this board.

CodeMonkey99

Final update - manged to get 75% of the deposit back and think we're going to leave it there, we could go to the Ombudsman but upon reading the Ts&Cs there is a chance they can determine against us and request we pay back the 75% we've managed to get.

A lesson learnt, never place a deposit unless totally sure of what you're doing and if you have any missgivings make sure they're fully documented and that the retailer is aware of them prior to handing over the cash/signing any contract - make them part of the contract.

Regarding this place, some of you seem to get your kicks on here taking pleasure from other peoples misery - perhaps some of those who responded in this thread should sit back and have a little think about why they hang around in this forum - me, I won't be back.

GingerBob_3

CodeMonkey99 wrote: »

Final update - manged to get 75% of the deposit back and think we're going to leave it there, we could go to the Ombudsman but upon reading the Ts&Cs there is a chance they can determine against us and request we pay back the 75% we've managed to get.

A lesson learnt, never place a deposit unless totally sure of what you're doing and if you have any missgivings make sure they're fully documented and that the retailer is aware of them prior to handing over the cash/signing any contract - make them part of the contract.

Regarding this place, some of you seem to get your kicks on here taking pleasure from other peoples misery - perhaps some of those who responded in this thread should sit back and have a little think about why they hang around in this forum - me, I won't be back.

Probably best under the circumstances. However, make sure you brief against the thieves at every opportunity. Do what you can to ensure they lose business.


If you want to, you could name them here ....