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Hello, my name is Ben and it is my pleasure to assist you with your question today.
Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.
Unless the seller subsequently commits a serious breach of contract, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit. This is especially true if the deposit was described as non-refundable.
If this was a business seller, they will be subject to certain consumer rules and regulations. For example, you will have some protection under Schedule 2, Regulation 1(d) of the Unfair Terms in Consumer Contracts Regulations 1999. It states that if the contract has been cancelled after a deposit has been placed you are entitled to have the deposit returned in full, unless the seller has spent time, effort and money, in which case they can deduct reasonable expenses. Even if some expenses have been incurred, if these are subsequently recovered, for example by selling the item to someone else, the deposit should still be returned in full. It follows that a blanket non-refundable clause that entitles the seller to keep the deposit in all circumstances is most likely going to be unfair and unlawful.
If you are having difficulties in recovering the deposit when you believe you are entitled to have it returned, advise the seller that you will not hesitate reporting them to the Office of Fair Trading and, if necessary, pursue the matter further through the county court. Exerting such pressure could often work in changing the seller's position in this matter.
I have already told him I would be contacting Trading Standards
what about court action?
have you threatened that?
No I have not threatened court action - Last time I spoke to him he put the phone down on me. I suspect he will not take my calls
Hi sorry I was called into a meeting earlier. Whilst you have threatened Trading Standards, the final step would be to take him to court and before you do this you would need to make it clear that this is what you intend to do next. So as mentioned in my earlier advice above, you need to send him a letter before action - forget about the phone calls, keep everything in writing from now on. If necessary you can take him to the small claims court as that is your last option here but before you do follow the steps I outlined above
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?
What are the chances of success going to the courts?
No one can predict the outcome of a court claim unfortunately and to give you any kind of prospects of success would need me to conduct a formal case analysis which is not possible online. But making the claim would certainly send a strong message out to the other side that you are serious about pursuing this and may prompt them to reconsider their position