Non-refundable Deposit

MERFE

OH booked lorry driving lessons for over a months time and paid a 50 pound deposit on thursday, on friday he was offered a job with training so doesnt need this anymore so he has phoned to cancel these lessons. He has been told he will not get his deposit back but was not told at the time it was non refundable. Is there anything that can be done about this or are they right to keep his deposit?

Iamthesmartestmanalive

They are right unless the contract states it is refundable

If they had breached the agreement fair enough but as your husband chose to withdraw its his own fault

You could always claim the fee is not equivalent to their losses etc but the chance of winning coupled with the costs to take it to court makes it a non started

Maybe he could suggest to his new employer they cover it or let him go with that company and pay the expenses for him

MERFE

He hasnt actually signed a contract or had anything in writing from them, he booked it over the phone on thursday. His new employer have their own inhouse training. TBH i'm not bothered about losing the deposit but their attitude on the phone, a sorry but its non refundable would have gone along way and they'll get a letter to that effect.

deanos

If its booked over the phone its classed as distance selling isnt it ?

bryanb

The idea of a deposit is to compensate for any inconvenience or losses caused by cancellation. If it were refundable there wouldn't be much point in deposits.

KILL_BILL

if he cancelled like within 24 hours then they could state that the deposit is foritable

howevere bearing in mind that he has given then a months notice etc he should get his money back

they would have to prove that the deposit is non refundable - not the other way round - they havent told him priro to the phone call or given him anything in writing that he would lose this so legally they cant withold it

of course you would have to recourse to legal action prob to get it back

MERFE

turns out angry letters work wonders, poor abrupt man on phone is gonna get a telling off and oh has had a cheque sent out today to refund the deposit. OH is pleased as he just expected to lose the deposit but I said its worth seeing if you can get it back as they have time to rebook someone else in that day it not as if he phoned the night before to cancel. Answer is to always complain!

thanks everyone for your replies, I've clicked the thanks button but it doesnt appear to be working!