Holiday deposit not returned

Lynn_Lord

Hi
I'm probably in the wrong section, but it took me a while to find this.
Last September I booked a caravan holiday for the following August, and paid the £75 refundable security deposit. It says on the invoice that it will be returned after the holiday when the caravan has been checked. In February I cancelled the holiday (6 months before holiday was meant to start)
I asked the owner to return my security deposit and he refused. I just wondered if he has the right to do this as I'm sure he had plenty of time to re let the caravan at full price. As the invoice states that the deposit is refundable and there is nothing on there to say if i cancel I will not get refunded. Sorry if I'm in the wrong section. I just feel as though I've been conned.

eskbanker

It'll be the Ts & Cs of the booking itself that matter rather than what it says on an invoice, check out the cancellation policy within the contract.

Lynn_Lord

It was a privately let caravan direct from the owner so I'm not sure there were any t's and c's.

agrinnall

I can't see any justification for retaining a security deposit, it would have been returned if there had been no issues had you used the caravan, so clearly having not used it you cannot possibly have caused any damage.

How did you pay? If you paid by card or PayPal it may be possible to get the money back from one of those, although the timing may be against you.

If that's not possible then I would send a letter before action giving 14 days to pay up, then if necessary start a small claim using https://www.moneyclaim.gov.uk/web/mcol/welcome

jonesMUFCforever

Was it a 'security' deposit or just a deposit?
Many places I have stayed in including appartments and hotels charge security deposits when you arrive to check in.

As you have asked on the cards forum - you are too late in attempting a chargeback and you have no S75 cover as you did not pay over £100 in total.
Really it is between you and caravan owner - if you think it worthwhile send a letter before action then consider small claims court.

System

Surely you would pay a 'refundable' deposit with the rest of the payment or when actually picking up the keys?

The owner probably had costs associated with your cancellation - admin or otherwise.

I would chalk this one up to experience.

eddddy

If there was no t&cs and/or agreement that gave you cancellation rights... I would guess the situation is as follows:

- You contractually agreed to rent the caravan

- You breached that contract, so the caravan owner can claim losses/damages from you

- If the caravan owner managed to re-let the caravan, their losses might be the cost of re-advertising, extra admin etc.

- If the caravan owner didn't manage to re-let, their losses might be the full cost of a week's rental


So if they re-let, perhaps they owe you some money. But if they couldn't re-let, perhaps you owe them some money.

agrinnall

There seems to be a lot of misunderstanding here. Assuming the OP is telling the truth, and I for one have no reason to think otherwise, this is clearly not a deposit on the holiday, but is a security deposit that would have been returned at the end of the holiday and should have been returned on the cancellation being accepted. It probably is too late for any card or other payment method claim, so LBA is the way to go.

chanz4

I bet it was a booking deposit, and would say on another part security deposit will be returned once the van is checked

eddddy

agrinnall wrote: »

There seems to be a lot of misunderstanding here. Assuming the OP is telling the truth, and I for one have no reason to think otherwise, this is clearly not a deposit on the holiday, but is a security deposit that would have been returned at the end of the holiday and should have been returned on the cancellation being accepted. It probably is too late for any card or other payment method claim, so LBA is the way to go.

I think you're forgetting the bigger picture.

As I say, the OP is probably in breach of contract. So the caravan owner can claim damages from the OP.

So if the damages are greater than £75, the OP would be better off just forgetting about the security deposit and calling it quits.

Sending an LBA for £75 might result in a much bigger counterclaim from the caravan owner.

(But it the damages are less than £75, it may be worth taking things further.)

eskbanker

Lynn_Lord wrote: »

Last September I booked a caravan holiday for the following August, and paid the £75 refundable security deposit.

Probably worth clarifying given the confusion: did you pay some or all of the total rental cost plus £75 security deposit, or was the £75 all you paid in advance? If the former, have the other payments been refunded? If the latter, that would be pretty extraordinary if the only money to change hands in advance was the refundable security deposit, that would be a very odd way of running a letting business!