IMHO Unfair Deposit.

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  • photome
    photome Posts: 16,362 Forumite
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    takman wrote: »
    It's not that unusual and you aren't paying "two" deposit amounts. The deposit is £170 but the offer allows you to only have to pay £30 of the deposit on booking but the £170 is still due in full and always will be no matter if you continue with the booking or cancel

    TUI offer a similar thing with a "low deposit" offer and you only have to pay something like £50 when you book but the deposit is £200 and you have to pay the £200 no matter what.
    But as the OP booked over the phone and the terms of the deposit were not spelled out , I think the OP has a case for not paying the estra £140
  • nicknike
    nicknike Posts: 15 Forumite
    takman wrote: »
    It's not that unusual and you aren't paying "two" deposit amounts. The deposit is £170 but the offer allows you to only have to pay £30 of the deposit on booking but the £170 is still due in full and always will be no matter if you continue with the booking or cancel

    TUI offer a similar thing with a "low deposit" offer and you only have to pay something like £50 when you book but the deposit is £200 and you have to pay the £200 no matter what.
    There was no mention this was an offer, and so we were lead to believe this was the total deposit amount. Should they not inform the buyer of this up front?
  • takman
    takman Posts: 3,876 Forumite
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    nicknike wrote: »
    There was no mention this was an offer, and so we were lead to believe this was the total deposit amount. Should they not inform the buyer of this up front?

    What did they say when you told them this? Did they say you must have been told about it?
  • nicknike
    nicknike Posts: 15 Forumite
    takman wrote: »
    What did they say when you told them this? Did they say you must have been told about it?
    I could only talk to the telephonist who would not put me through to the 'credit control team'. So she could only keep saying it's in their T&C. I did point out there was no information given about the deposit details, but a waste of time.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    OP didn't pay £30 to have the option later on of booking the cottage at £x. They paid £30 to book the cottage at a total of £x.


    In the absence of T&C's, it would fall to the ordinary position of law - which is that you are liable for actual losses incurred due to your breach of contract. There is no statutory right to cancel contracts like this so by doing so, OP is in breach of contract.

    If they manage to resell then by all means argue the T&C's dont apply as they weren't provided (I would have expected a booking confirmation though which usually have T&C's attached). But until its resold, I'd advise you not to make that argument in case it comes back to bite you in the behind!
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • I had this same issue many years ago. I booked a holiday with a low deposit and didn't realise that the low deposit was a special offer and the normal deposit was actually 4 times as much.
    When I cancelled my holiday I was told that the full deposit amount was due. I argued this but they proceeded to a county court claim. I responded to the claim, detailing my objections and the court was moved to one closer to my home.
    The company cancelled the claim as I think it would have cost them more to attend the court hearing than they could claim back but it is a risky option.
    All holidays should be covered by insurance but sadly, many people who book a holiday in the UK do not feel that insurance is necessary. I know of some small B & B's that now state you should obtain travel insurance before you book as full payment is due once the room is reserved.
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