Tattoo artist not honouring deposit.

ryans90

Hello all I’m after some advice. 

My tattoo artist won’t honour my deposit. 

They never deducted from the last session I had with them, and I couldn’t afford another tattoo until a year after my last tattoo. They are now saying it’s too long and In there words, ‘they are not a bank and can’t just hold your money’

I wasn’t even asking for it back I wanted to book in some more appointments but they want a new deposit paid.
 I sent the money to them via PayPal but should’ve been given to the tattoo shop no? 

Any advice is welcome. 

It’s for 300 quid so not something I can just accept losing. 

Thanks

PHK

That’s unclear I’m afraid. What does “ They never deducted from the last session I had with them, and I couldn’t afford another tattoo until a year after my last tattoo” mean and how does it relate to paying a deposit. 

Perhaps it’s easier if you say:

how much deposit you paid?
when you paid it?
what it was a deposit on?

HampshireH

Why did you pay £300 for something you had no intention of booking in for over a year. Seems a bit strange

I can see why they wouldn't accept it as a new deposit abut perhaps ask it to be credited to your new tattoo and pay a new deposit. 

Get it all in writing

the_lunatic_is_in_my_head

As above OP it's a bit unclear.

It sounds like you paid a deposit for a tattoo, had the tattoo done and didn't get the £300 deducted which would mean you've over paid and a the £300 over payment is due back to you? Unless you paid a deposit for more than 1 tattoo and the £300 would be deducted at the very end of all tattoos being done? 

When did you pay the £300, what was it a deposit against exactly? Why is the tattoo artist still retaining it? 

Ergates

the_lunatic_is_in_my_head said:

As above OP it's a bit unclear.

It sounds like you paid a deposit for a tattoo, had the tattoo done and didn't get the £300 deducted which would mean you've over paid and a the £300 over payment is due back to you? Unless you paid a deposit for more than 1 tattoo and the £300 would be deducted at the very end of all tattoos being done? 

When did you pay the £300, what was it a deposit against exactly? Why is the tattoo artist still retaining it? 

This is what it sounds like to me:   OP - it stopped being a deposit when you had (and paid for) the first tattoo.  The artist overcharged you and should just repay you the difference.

ryans90

So I paid 300 at the start of about 5 tattoo sessions as a deposit. So the deposit rolled over from one appointment to the next. The last appointment they never deducted the deposit and I sent the amount for the full day. 
I had the intention of booking more in with them but financially I couldn’t until over a year form my last session. 

They are saying they are not a bank and can’t hold money etc but the money should be with the shop and not kept in personal accounts. 

I wasn’t even asking for it back, I wanted to book in more sessions but obviously gone Abit weird now. 

Any consumer laws regarding deposits etc? they made no effort to try remind me I’ve got to use the deposit but a certain date. 

Ergates

ryans90 said:

They are saying they are not a bank and can’t hold money etc 

In which case they should have returned it - they can't just keep it.

pinkshoes

ryans90 said:

So I paid 300 at the start of about 5 tattoo sessions as a deposit. So the deposit rolled over from one appointment to the next. The last appointment they never deducted the deposit and I sent the amount for the full day. 
I had the intention of booking more in with them but financially I couldn’t until over a year form my last session. 

They are saying they are not a bank and can’t hold money etc but the money should be with the shop and not kept in personal accounts. 

I wasn’t even asking for it back, I wanted to book in more sessions but obviously gone Abit weird now. 

Any consumer laws regarding deposits etc? they made no effort to try remind me I’ve got to use the deposit but a certain date. 

In which case just send them a letter before action requesting the £300 overpayment back.

"Dear XXXX, on X date I paid a deposit of £300 towards 5 tattoo sessions. On the 5th session on X date, the £300 deposit should have been deducted from the remaining balance, but was not, so an overpayment of £300 was made.
Please refund this £300 overpayment within 14 days of receipt of this letter. If payment is not received, legal action will be taken."

Obviously you won't be using this tattoo artist again!

the_lunatic_is_in_my_head

Unless any agreement for x tattoos or x sessions, it would seem the contract has been performed and the £300 is due back.

sheramber

How much was a tattoo if you had £300 deposit held by them and you couldn’t afford to have a tattoo done? 

Okell

ryans90 said:

So I paid 300 at the start of about 5 tattoo sessions as a deposit. So the deposit rolled over from one appointment to the next. The last appointment they never deducted the deposit and I sent the amount for the full day...

So when you paid this deposit, what was the agreement?

Was it that you would have 5 sessions, but each session needed a £300 deposit that would be rolled over to the next session which would be paid in full. this to continue until you had completed the fifth session when the £300 deposit would be set-off against the cost of that last session?

Or were the agreed number of sessions open-ended so that the tatooist just rolled over the deposit after the fifth session because they expected you to come back again - unless you told him otherwise?

Did you never go back after your last session to say you couldn't afford any more?

The tatooist can't just keep the money, but it would help to give you advice if you could clarify exactly what has happened