Non refundable deposit

craigmachpc

Hi I am looking for some advice, first time on this site, around 9 days ago I searched online for an inflatable for a party, found a company on Facebook and messaged them, booked them for the date that I needed and they said to secure the booking I would need to pay a non refundable deposit of £100, now due to the latest restrictions in the west of Scotland I need to cancel this, I contacted the company and they have stated again that deposit is non refundable as mentioned before booking, I never signed any contract regarding this and everything was done over messenger. Will I be able to get my deposit back if I challenge them further and if so, how? Thanks for your help: 

waamo

Non refundable. There is a clue in there.

craigmachpc

Non refundable if I sign a contract which I haven’t. 

waamo

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

If hive sent the money a written contract is moot. You ain't getting it back. Plus you have agreed to the terms by sending it.

JamoLew

You have already acknowledged that its was non refundable as well

Aylesbury_Duck

Why did you pay a non-refundable deposit if you wanted the flexibility of being able to cancel and get it back?

Have a search on the forum for lots of people in similar positions.  The company may not be able to simply hold onto the deposit but in all honesty, with a relatively small sum they can probably easily demonstrate your cancellation has cost them £100.

People seem to think deposits should be flexible for themselves but binding on the company concerned.  As I asked another poster last week: Would you have been happy if the company had cancelled your booking at short notice and returned your deposit?  

Sandtree

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

Contract requires offer, acceptance and consideration (aka payment)... it doesnt require a signature. By paying them the deposit you have formed the contract and agreed to the terms as understood.  Did they say in their Messenger chat that is non-refundable or only non-refundable after you signed the contract? Assuming the former then its simple.

Use the search button on here and find the thousands of other threads about people with buyers remorse and getting part of non-refundable deposits back. Up to you to decide if the time and efforts worth it to get some of the monies back (or potentially have to pay them more) but the time to consider the non-refunability of deposits is before paying them.

davidmcn

Sandtree said:

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

Contract requires offer, acceptance and consideration (aka payment)

It doesn't even need a consideration in Scotland.

Sandtree

davidmcn said:

Sandtree said:

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

Contract requires offer, acceptance and consideration (aka payment)

It doesn't even need a consideration in Scotland.

Unfortunately English Law is favoured in most cases... though presumably this means that changes to contracts that don't give rise to additional consideration can be executed as contracts themselves rather than deeds as required under English law does have an appeal.

davidmcn

Sandtree said:

davidmcn said:

Sandtree said:

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

Contract requires offer, acceptance and consideration (aka payment)

It doesn't even need a consideration in Scotland.

Unfortunately English Law is favoured in most cases

I presume if somebody in Glasgow is booking a bouncy...whatever, then both parties are in Scotland. Why would English law come into it?

pinkshoes

craigmachpc said:

Non refundable if I sign a contract which I haven’t. 

You don't need to sign a contract. You had a written agreement.

If THEY cancelled then yes you would be able to get a refund. As it's you cancelling then you need to forfeit the deposit.

Could you not arrange to postpone the hire, or just hire it anyway???