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  • FIRST POST
    • freebird4130
    • By freebird4130 5th Mar 18, 10:33 PM
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    freebird4130
    Non-refunable deposit - when T&C aren't visible
    • #1
    • 5th Mar 18, 10:33 PM
    Non-refunable deposit - when T&C aren't visible 5th Mar 18 at 10:33 PM
    Hoping for some guidance regarding the refund on a 'non-refundable deposit'

    To keep it brief, I wanted to have a professional make-up artist for a wedding that is approaching. I signed a bookings form and paid for a 'trial.' Shortly after initial payment, I was requested to pay for a first installment payment prior to the trial which I also paid. The results from the trial were highly disappointing so I promptly cancelled the make up artist and requested a refund on my payment for the first installment.

    I am now told that the installment was actually a non-refundable deposit and that this was stated in the T&C. However during all correspondence, no T&C have ever been sent, signed or communicated. I can see that in the bookings form it states that I would agree to the T&Cs but what T&Cs ( no detail on website either )

    Here's my question, do I have a right to press for my installment / deposit to be returned on the basis that reasonable efforts have not been made to communicate the T&C? Could I object that based on the disappointing trial results, the services were not as described?

    Having requested the first installment be refunded, the response so far has been that with the wedding three months away, the make up artist will now not be able to re-book another appointment.

    Any help would be great.
Page 1
    • dj1471
    • By dj1471 5th Mar 18, 11:04 PM
    • 1,184 Posts
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    dj1471
    • #2
    • 5th Mar 18, 11:04 PM
    • #2
    • 5th Mar 18, 11:04 PM
    How and where did you originally book? When is the wedding?

    Was the service not as described or simply not very good?
    • freebird4130
    • By freebird4130 6th Mar 18, 8:48 AM
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    freebird4130
    • #3
    • 6th Mar 18, 8:48 AM
    • #3
    • 6th Mar 18, 8:48 AM
    Booking made over email correspondence plus phone calls to understand the service. Booking made 5 months in advance of wedding and trial was 3 months in advance of wedding.

    As for the service itself, I would say it was both not very good and also not as described - a design process is advertised and I didnít feel that was followed. My concern is that this might be just my opinion, they might feel feel that the service was absolutely normal.
    • steampowered
    • By steampowered 6th Mar 18, 10:41 AM
    • 2,504 Posts
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    steampowered
    • #4
    • 6th Mar 18, 10:41 AM
    • #4
    • 6th Mar 18, 10:41 AM
    The nature of the payment, in law, depends on what a reasonable person looking at the circumstances would conclude.

    The fact that you describe this payment as a 'first installment' suggests to me that it was part-payment for the whole service rather than a deposit. That suggests to me that you agreed to take the whole service - meaning that in theory you owe all the other installments as well.

    I don't understand why you would pay the first installment, before you had the outcome of the trial?

    Is there anything about the payments on the booking form?
    • freebird4130
    • By freebird4130 6th Mar 18, 4:42 PM
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    freebird4130
    • #5
    • 6th Mar 18, 4:42 PM
    • #5
    • 6th Mar 18, 4:42 PM
    Thanks for the guidance, really appreciate it!

    In regards to the payment structure - 1st instalment was required at time of booking to confirm services. 2nd instalment required 48 hours before the 'trial' and 3rd instalment required 4 weeks prior to the wedding - this is not mentioned on the bookings form, only the T&C which I now have a couple of.

    The trial terminology was interchanged with the wording 'design appointment' in the email correspondence - therefore the trial or design appointment was seen as first step in the process. Perhaps my misunderstanding was whether the outcome of the first appointment had any bearing on the next steps.

    Regarding wording on the bookings form - the exact wording is 'by signing bookings form you agree to be bound by terms and conditions that can be found on www. website address.

    As it happens, although there is a T&C section on the webpage, there is an error message and these are not publicly visible - I have screenshot this and sent to the company.


    As mentioned, I have explained that the T&C have not been reasonably visible and service was not as described. However, despite my efforts, the supplier will not budge - The only concession that has been made is if they rebook the day, my deposit/instalment will be refunded or of course, I can still go ahead if I wanted to ( which I absolutely do not )

    What action would you recommend I take? Do I have any grounds to challenge further? Would legal representation help?

    I just feel deeply upset about they accept zero responsibility for the outcome of the trial / design appointment and are showing very little respect to me or my request - I receive long meandering responses firmly placing blame on me for not communicating as the reason for the poor service.
    • steampowered
    • By steampowered 6th Mar 18, 8:45 PM
    • 2,504 Posts
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    steampowered
    • #6
    • 6th Mar 18, 8:45 PM
    • #6
    • 6th Mar 18, 8:45 PM
    Does the T&C say anything which might help you?

    It does seem odd to describe something as a 'trial' if it only happens after the 2nd instalment!

    It is unlikely that paid legal representation would be cost effective for a case like this. However it is easy to take someone to the small claims track in the county court, if you have a reasonable case.
    • DoaM
    • By DoaM 6th Mar 18, 9:16 PM
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    DoaM
    • #7
    • 6th Mar 18, 9:16 PM
    • #7
    • 6th Mar 18, 9:16 PM
    However it is easy to take someone to the small claims track in the county court, if you have a reasonable case.
    Originally posted by steampowered
    You can still do it even if you don't have any case at all. In many cases simply the threat of court action makes the other party pay up.

    Private Parking Companies do this all the time.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • freebird4130
    • By freebird4130 6th Mar 18, 9:37 PM
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    freebird4130
    • #8
    • 6th Mar 18, 9:37 PM
    • #8
    • 6th Mar 18, 9:37 PM
    Thanks so much for the guidance.

    It!!!8217;s sounds like an approach would be to threaten court action - would it be appropriate to state over email and then follow up with a letter to advise of this action? Is there any wording you would recommend to include in the letter?
    • freebird4130
    • By freebird4130 6th Mar 18, 9:39 PM
    • 5 Posts
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    freebird4130
    • #9
    • 6th Mar 18, 9:39 PM
    • #9
    • 6th Mar 18, 9:39 PM
    Out of interest, do you feel I have a reasonable case based T&C not being visible/communicated and service quality being poor?
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