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

facade

The grant of probate will do.  If there isn't one, because everything bar less than £10,000 is jointly owned, they should accept a death certificate. You don't need pay a Solicitor for anything straightforward.

Car_54

452 said:

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. 

A will proves nothing: there could be seventeen later wills contradicting it! A grant of probate (or the Scottish equivalent) is definitive, but is an unnecessary expense in many cases. Most banks etc. are happy to accept a Statutory Declaration up to certain limits, well in excess of the £500 involved here.

TooManyPoints

Sorry for your loss. In all honesty it wouldn't hurt either of them (the dealer or the broker) to return the cash. After all, the dealer still has the car to sell and I expect all the broker did was to make a couple of phone calls or e-Mails. If they won't write a letter to your local rag explaining your dismay.

Car_54

TooManyPoints said:

Sorry for your loss. In all honesty it wouldn't hurt either of them (the dealer or the broker) to return the cash. After all, the dealer still has the car to sell and I expect all the broker did was to make a couple of phone calls or e-Mails. If they won't write a letter to your local rag explaining your dismay.

Agreed, but I'd skip the local rag (does anyone read it these days?) and go to the money pages of the Times, Telegraph, etc.

Mistral001

TooManyPoints said:

Sorry for your loss. In all honesty it wouldn't hurt either of them (the dealer or the broker) to return the cash. After all, the dealer still has the car to sell and I expect all the broker did was to make a couple of phone calls or e-Mails. If they won't write a letter to your local rag explaining your dismay.

You have a good point.  The deposit might not be non-refundable under contract law.   The deposit, if it is to be non-refundable, has to be no more than the cost of the damages that the supplier has actually suffered because of the cancellation of the order. 

born_again

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.

No. It will go back to the credit card it was paid from. So if there is any outstanding debt, it will go to paying that off. If it leaves it in credit. Then the bank will deal with whoever is dealing with the estate.

DUTR

proudnannie22 said:

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.

Sorry for your loss.
I'm no lawyer, perhaps they do have a right to retain the deposit? 
I've dealt with the broker you mentioned and I certainly do not recall any broker fees, they simply put the dealer in touch with the customer. Even so in the grand scheme of things, there would be a DIS and that would outweigh the perceived loss of deposit.
I'm surprised that in such a short time that reclaiming the deposit is a priority.

Mistral001

proudnannie22 said:

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.

In answer to the question: do they have the legal right to keep the money, maybe the following will help:

https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit

DUTR

Mistral001 said:

proudnannie22 said:

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.

In answer to the question: do they have the legal right to keep the money, maybe the following will help:

https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit

The article includes "But, if you cancel at unreasonably short notice and the business can’t find another customer you could expect the business to keep most - if not all - of your deposit."

Car_54

DUTR said:

Mistral001 said:

proudnannie22 said:

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.

In answer to the question: do they have the legal right to keep the money, maybe the following will help:

https://www.which.co.uk/consumer-rights/advice/can-i-claim-back-a-non-refundable-deposit

The article includes "But, if you cancel at unreasonably short notice and the business can’t find another customer you could expect the business to keep most - if not all - of your deposit."

But the family could not have cancelled earlier, so it can hardly be described as unreasonable.