Can I get a refund on my deposit!?

mdada121

I placed a cash deposit for a kitten. We were to collect the kitten when she was the correct age. 2 weeks after placing the deposit we had a change of heart and decided not to rehome her. The GumTree advert didn’t say that the deposit was non refundable. (we have copies of the advert)

The seller is disputing that a deposit is non refundable regardless of what we purchase.  A deposit is a non refundable bond. Surely if the advert states its non refundable then that is what it is.. In this case nothing was there to suggest we can't get it back if we had a change of heart. We paid £150 cash. Never received a receipt but have conversations that suggest and prove we have paid this to the seller.

The seller states that the deposit has been spent on the upbringing of the kitten. £150 in two weeks seems a bit excessive. Any thought on how we can go about getting this money back? 

Thoughts please  

pbartlett

actually, it is the other way round. You entered into a contract to buy something (the kitten). The seller is fully entitled to sue you for the balance.

David713

pbartlett said:

actually, it is the other way round. You entered into a contract to buy something (the kitten). The seller is fully entitled to sue you for the balance.

Only if they attempt to resell the kitten and are unable to do so and even then, only if the contract stated that the refund was non refundable should the purchaser change their mind.
If they resell it for a lower price than agreed with the OP they can sue for the difference but what they can't do is to make up whatever terms and conditions relating to the sale that they wish. Only those T&C's agreed between the two parties are legally binding.

sheramber

But there were no terms and conditions and no receipt for a cash payment.

pbartlett

Yes the seller must mitigate their losses if they can - for example by trying to sell the cat elsewhere - but they are entitled to charge you for the costs of selling the cat elsewhere and the costs of looking after the cat between the time when you were supposed to pick it up and the time that somebody else actually collected it.

you have entered a legally binding contract 

davidmcn

Do you have the (real) name and address of the seller? Do they have yours? 

pinkshoes

£150 for a kitten as just a deposit?!?!?!? But there are 100s of kittens going free!!

Anyway... if they resell the kitten they need to refund your deposit less ant costs e.g. readvertising.

I suggest contacting them on the day you were supposed to collect and ask to collect it. If the kitten has been resold then they need to refund less costs.

macman

A deposit is always non-refundable unless stated otherwise. You seem to think that the deposit is an 'option to purchase'. It's not, it's confirmation of a contract, which you have breached.
Even if it was, your failure to get a receipt means that you wouldn't have a leg to stand on if the seller disputes it.

mattyprice4004

What do you think a deposit is for? It’s to stop people pulling out willy nilly which is a massive pain as a seller. 

Take it as a £150 lesson - think things through properly next time.

mdada121

davidmcn said:

Do you have the (real) name and address of the seller? Do they have yours? 

Yes I have the real name and address of the seller. The have part of my address and my name.  Can I ask why? Thank you 

mdada121

mattyprice4004 said:

What do you think a deposit is for? It’s to stop people pulling out willy nilly which is a massive pain as a seller. 

Take it as a £150 lesson - think things through properly next time.

I know what a deposit is for in this case. It was to secure the kitten. No where on the advert did it say it wasn’t non Refundable. Ah well. Thanks