Deposit Paid - price not honoured

fm32

His money ��

bris

It's actually a bit of a difficult one to call but the way they see it in laymans terms is this.


You put down a deposit on a ring, they then bought that ring in expectation of you completing the sale. You never came back, which on the whole looks like you really did muck them about, so they had to send the ring back.


You are now in breach of contract, that breach means they can keep the deposit for loss of profit. This is legal and a scenario that would work for them




If this went to court you would have to convince the judge you weren't in breach and fully committed to finalising the contract.


The other question is was the deposit equal to the profit? Only a court can make them reveal that but probably as the mark up on jewellery is high.

custardy

Did the shop not try and contact you?

fm32

After I paid the 50 percent they rang me and said balance was paid within two weeks
I was like what ??
They said they logged an account and refused answer phone - that's incorrect after the month lapsed they never contacted me - but then neither did I - as I was under aaaumptions iv lost vat free promotion not the deposit

fm32

The girl who rang me said I would loss vat free sale price and I'd get credit towards something else when I asked for a refund. I said I wasn't aware of there policy at time of sale.
I can't afford lose such amount of money.
They told me rings don't be ordered until full money paid also.

fm32

Other thing is this was all back on Nov / Dec at thoughts if I knew I was going to loss such amount money would u hold off to march when the employee said they would give a credit note? I'm totally shocked and sick now - I had no idea

eskbanker

fm32 wrote: »

After I paid the 50 percent they rang me and said balance was paid within two weeks
I was like what ??

What did you think you were signing up to in November?

Paying them 50%, a large sum of £1275, doesn't say to me "I might be interested in buying a ring from you at some point in the future" - I think a judge or any other independent arbiter would see this as "I'm committing to buy a ring from you, please make it happen", and I rather suspect that the shop's terms will back them up on this.

Of course they should have supplied you with clear and written information about exactly what you'd signed up to, and likewise you should have insisted on this, but it's a pretty weak case to say you paid all that money and still expected to be able to back out of the deal....

fm32

I thought I was paying money to hold the vat free promotion on a wedding ring. When they took the deposit over the phone they knew I was unsure if I should have been going for that one or another one they had was first point. They knew I wasn't getting married to July so I wasn't under any impression that timeframes were involved at that time. When they made me aware I said I didn't know and asked for refund. They said don't do refunds then said if I didn't want proceed that balance could be issued in credit note which I assumed was case - now when I'm looking credit this has changed

fm32

What makes you think I was backing out of the deal?

PeacefulWaters

fm32 wrote: »

What makes you think I was backing out of the deal?

Why would you expect a discount offer to be open ended?