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Nicola-mod
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Category: Law
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Hi, I paid a deposit for a deal on a bar in Lanzarote, I

Customer Question

Hi,

I paid a deposit for a deal on a bar in Lanzarote, I knew the couple selling so trusted them and completed no paper work before hand, I sent the deposit 10,000 euro around a month ago, a recent illness in my family has forced me to cut the deal off, I informed them of this and they said the deposit is non refundable? Where do I stand here? I have bank statements to show me sending it and I have emails from them confirming they received it.

Thanks,
Thomas
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Did you sign anything please?
JACUSTOMER-ia282rnf- : No signed nothing, just took them in their word
Alex Watts :

Normally a deposit would be non-refundable on something you would purchase - that is the whole point of it to hold the item/property.

Alex Watts :

However in this case UNLESS it was agreed that the deposit could not be returned they can not hold onto it.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. Even if they are abroad you may be able to get a European Enforcement Order.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please Thomas?

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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