Should a company return the deposit paid by my husband now he’s died

proudnannie22

My husband ordered a car in January from a broker.  He paid a broker fee, (broker4cars) £297 & a deposit of £500 on a M&S credit card.  The car was due for delivery after 1st June when my husband should have retired on 29 May.  Sadly he died suddenly on 9 May.  My son called the firm & they cancelled the order but I can’t any of the money back he paid out.  Do they have a legal right to keep this money.

DoaM

Is the CC a joint account? If yes then raise a Section 75 claim for at least the deposit return. (The broker fee may be a separate matter - the broker did what they were contracted to do; find their customer an acceptable vehicle at an acceptable price).

If the CC is not a joint account then I presume you've told the CC company about the death? Ask them anyway about recovering the deposit.

My condolences on your loss.

Mercdriver

DoaM said:

Is the CC a joint account? If yes then raise a Section 75 claim for at least the deposit return. (The broker fee may be a separate matter - the broker did what they were contracted to do; find their customer an acceptable vehicle at an acceptable price).

If the CC is not a joint account then I presume you've told the CC company about the death? Ask them anyway about recovering the deposit.

My condolences on your loss.

In the UK there is no such thing as a joint credit card.  There is only one person that is the person who is the person who is the signature to the credit agreement.  Any other cardholders are subject to the credit agreement to the signatory.  So if you add your partner as a cardholder, and they spend loads of money on it, and then do a runner the signatory is singularly liable for it.

DoaM

Fair point ... I was essentially asking if the OP was the account holder and her OH was a named card holder. (Given generational generalisations though I suspect it was the other way around - if there even was a named card holder).

The OP can only ask - there's nothing to lose by doing so.

missile

Sorry to hear your husband died.

452

DoaM said:

Is the CC a joint account? If yes then raise a Section 75 claim for at least the deposit return. (The broker fee may be a separate matter - the broker did what they were contracted to do; find their customer an acceptable vehicle at an acceptable price).

If the CC is not a joint account then I presume you've told the CC company about the death? Ask them anyway about recovering the deposit.

My condolences on your loss.

Would a Section 75 claim work? If the car is available for collection on the 1st June what grounds is there for getting the deposit back?

DoaM

The person who was party to the contract has died before the contract has concluded, therefore the pending contract dies with him ... it doesn't pass as a liability to his estate. (So I believe).

Mistral001

Even if the company does decide to give the deposit back, it will all have to be done through solicitors, so I would bring the matter to the attention of your solicitor.

Car_54

Mistral001 said:

Even if the company does decide to give the deposit back, it will all have to be done through solicitors, so I would bring the matter to the attention of your solicitor.

If the deposit is returned , it should be to the executors. Why does that need a solicitor?

Mistral001

Car_54 said:

Mistral001 said:

Even if the company does decide to give the deposit back, it will all have to be done through solicitors, so I would bring the matter to the attention of your solicitor.

If the deposit is returned , it should be to the executors. Why does that need a solicitor?

The company will probably insist that they deal with a solicitor or at least get proof from a solicitor that the exceutors are who they say they are.  

452

Mistral001 said:

Car_54 said:

Mistral001 said:

Even if the company does decide to give the deposit back, it will all have to be done through solicitors, so I would bring the matter to the attention of your solicitor.

If the deposit is returned , it should be to the executors. Why does that need a solicitor?

The company will probably insist that they deal with a solicitor or at least get proof from a solicitor that the exceutors are who they say they are.  

A copy of the will and photo ID would prove that.