Micro blading appt refuses give deposit back

pma13

Hello 
Any advice appreciated I booked a micro blading appointment with a local salon back in October for beginning of November paid deposit of £50. Agreed price £150 Then we went into lockdown so this couldn’t happen . Message / rang her to confirm that due to lockdown Obviously this wouldn’t be able to go ahead. She never msg me back or answered phone understand that this must be a really busy time for her so just left it. Then when lockdown was lifted tried to get appointment re booked said she would get back to me. No messages back in the end I resorted to politely requesting my £50 deposit back. To which she said no it’s non refundable and said I wondered why you haven’t replied ?! And that she had sent messages . She hasn’t sent any messages but I didn’t want to argue . I have the messages saved & screenshots. Anyway tried to reorganise and she’s pencilled me in next week but said she will text to confirm. I’ve waited a week for this confirmation again to no avail. I’ve messaged her now and asked her to confirm appointment is still going ahead.  The thing is I really don’t want to go ahead now. Can anyone advise me of my rights ? How I can proceed with this issue .
kind regards 

Aylesbury_Duck

Depends on the terms of the deposit, but how much trouble do you want to go to for £50 if she won't play ball?  Small claims court?

pma13

No terms of deposit set just an Instagram msg 

pma13

Am I within my rights to say I was not advised it was non refundable and I’ve signed nothing ? Obviously I am nit going bother small claims but I’m trying to suggest she does the right thing 

[Deleted User]

Speak with the person, don't message in text form, often get a completely different reaction and service from voice to voice.

I'd, also, make an absolute nuisance of yourself on the phone, be it leaving voicemail or directly - ideally directly, and, if she has a facebook page make sure you're heard by all on there too.

She's clearly hoping you'll get fed up and leave it.

bris

You pay a deposit you should always assume it's non refundable. There is nothing in the law that states you need to be told this.

The CCR;s give you some protection though if it falls into their domain.

It's also refundable if they cancel and not you as they did, but then you muddied that again by allowing it to be rescheduled. If she plans to go ahead as agreed next week then it's still in her right to hold you to the contract, if she says it's delayed again then you can press for the refund.

DiddyDavies

You are a regular poster on the consumer rights forum and you honestly think that this is correct?

bris said:

You pay a deposit you should always assume it's non refundable. There is nothing in the law that states you need to be told this.

A trader can't simply make up terms and conditions for a contract and expect a consumer to be legally bound by something that they have neither been informed of or something that they haven't agreed to.
I suggest that you read this:
Unfair contract terms guidance (publishing.service.gov.uk)
before giving any more "advice".

Group 9: Binding consumers to hidden terms

9.1 Terms which have the effect of making consumers agree to accept obligations of which they can have no knowledge at the time of contracting are open to serious objection. It is a fundamental requirement of contractual fairness that consumers should always have an opportunity to read and understand terms before becoming bound by them (see Part IV). 

Group 4: Retention of prepayments on consumer cancellation

 4.1 Terms are always likely to be considered unfair if they exclude the consumer's rights under contract law to the advantage of the supplier. A basic right of this kind is to receive a refund of prepayments made under a contract which does not go ahead, or which ends before any significant benefit is enjoyed. In certain circumstances consumers are entitled to a refund even where they themselves bring the contract to an end.

4.2 Any party to a contract normally has the right to cancel it and receive a full refund of any prepayments (possibly compensation as well) where the other breaks the contract in such a way as to threaten its whole value to him. A term which makes any substantial prepayment or deposit entirely nonrefundable, whatever the circumstances, conflicts with this principle.