Refund without Receipt?

hollydays

sheramber wrote: »

You do not need a receipt but you need proof of purchase.

Although as she's not obliged to return the op anything, she can decide her own rules.

BarryBlue

hollydays wrote: »

Although as she's not obliged to return the op anything, she can decide her own rules.

Absolutely not true. Why post information that is absolutely wrong in law? You cannot apply what is in effect a penalty charge by refusing to refund a deposit. That is an unfair contract term under the Consumer Rights Act. You can deduct a reasonable amount for expenses that it has actually cost, which is a very different thing.

hollydays

BarryBlue wrote: »

Absolutely not true. Why post information that is absolutely wrong in law? You cannot apply what is in effect a penalty charge by refusing to refund a deposit. That is an unfair contract term under the Consumer Rights Act. You can deduct a reasonable amount for expenses that it has actually cost, which is a very different thing.

If he hasn't got the receipt , where's the proof / breakdown of the costs

hollydays

davidmcn wrote: »

Do you think you're legally entitled to any of your deposit back even if you had the receipt? If she's offered a partial refund purely as a goodwill gesture then she can add any caveats she wants.

Note you didn't disagree with this Barryblue.....

BarryBlue

hollydays wrote: »

Note you didn't disagree with this Barryblue.....

Yes, I certainly do. I repeat, it is unlawful to apply a penalty charge by making a deposit forfeit. It is an unfair contract term, you can only deduct what is a reasonable amount. We do see lots of 'barrack room lawyers' on MSE, for some reason especially on the subject of deposits. I have even quoted the law for you. This idea that they can 'decide their own rules' is palpable nonsense.

Some years ago my daughter cancelled a wedding well over a year before it was due to take place. The venue wanted to keep her £2k deposit even though they had incurred no losses. They eventually referred it to their lawyers, at which point they refunded every penny. The lawyers knew the law, as did I, but the venue didn't. They do now!;)

Valli

Aside from that if, OP, your username has been constructed from your initials+date of birth, it might be an idea to get it changed.

davidmcn

BarryBlue wrote: »

Yes, I certainly do. I repeat, it is unlawful to apply a penalty charge by making a deposit forfeit. It is an unfair contract term, you can only deduct what is a reasonable amount. We do see lots of 'barrack room lawyers' on MSE, for some reason especially on the subject of deposits. I have even quoted the law for you. This idea that they can 'decide their own rules' is palpable nonsense.

For the avoidance of doubt, my initial answer above did state "if she's offered a partial refund purely as a goodwill gesture..." (i.e. assuming the OP wasn't legally entitled to it), and wasn't a judgment that the OP isn't entitled to anything.

BarryBlue

davidmcn wrote: »

For the avoidance of doubt, my initial answer above did state "if she's offered a partial refund purely as a goodwill gesture..." (i.e. assuming the OP wasn't legally entitled to it), and wasn't a judgment that the OP isn't entitled to anything.

I have re-read your post and it mentions adding any caveat they want. My point is that it's not about goodwill gestures, it's about Unfair Contract Terms law which is quite clear if you research it.

The issue regarding the receipt is going to be academic too, as proof of payment can be shown in a number of ways. What matters, and what a court would consider, is whether the amount retained from the deposit on cancellation was a reasonable pre-estimate of actual loss incurred. That does not include, for instance, loss of profit.

davidmcn

BarryBlue wrote: »

I have re-read your post and it mentions adding any caveat they want. My point is that it's not about goodwill gestures, it's about Unfair Contract Terms law which is quite clear if you research it.

Yes, I'm aware of that. I was talking about a situation where the retailer could lawfully withhold the entire deposit, but nonetheless decides to offer a partial refund.

BarryBlue wrote: »

The issue regarding the receipt is going to be academic too, as proof of payment can be shown in a number of ways.

...which is what I said in my subsequent reply.

hollydays

BarryBlue wrote: »

I have re-read your post and it mentions adding any caveat they want. My point is that it's not about goodwill gestures, it's about Unfair Contract Terms law which is quite clear if you research it.

The issue regarding the receipt is going to be academic too, as proof of payment can be shown in a number of ways. What matters, and what a court would consider, is whether the amount retained from the deposit on cancellation was a reasonable pre-estimate of actual loss incurred. That does not include, for instance, loss of profit.

We know proof of payment can be shown in a number of ways, :Tand my point also was about goodwill gestures . If a breakdown was required, as part of the goodwill gesture, a bank statement wouldn't necessarily cut it.
There is also the issue of timescale, what administration had already been done, further fitting appointments for 6 people, made etc., bookings turned away.Presumbly it's not 2 years as in your daughters case.
The op is being a little economical with the truth, for " personal reasons".
It sounds like buyers remorse when the op sees something else he prefers elsewhere and then tries to post saying he's changed his mind because the service was bad and he " didn't like the suits" .

If he didn't like suits ,why pay anything..