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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I found a flat to buy and was asked for a non refundable deposit

Customer Question

I found a flat to buy and was asked for a non refundable deposit to hold it. I gave the estate agent the cheque on the Wed it was cashed on the thursday by the builder and I pulled out of the sale on the sat. I had no papers to sign in agreement and now they are unwilling to refund my 2500 pounds. Surely there is a cooling off period min 5 days ???Three days seems rather extraordinary under the circumstances. 2-3 weeks and more yes but not 3 days. Were do I stand, the agent says she is very embarrased re the whole situation.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : To be clear it is them who breached the contract, not you?
JACUSTOMER-jx01srn8- :

Do you have an estimated time for a reply please

Alex Watts :

I did ask whether it was them that breached the contract and not you in any way?

Alex Watts :

Can you see that?

Alex Watts :

I shall write anyway. I will assume you didnt breach it

Alex Watts :

Therefore in that case you ARE entitled to the deposit back

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-jx01srn8- :

Youre asking whether I breached the contract, I pulled out after three days but as I said in the first instance I never had anything to sign or a receipt confirming my deposit.

Alex Watts :

If you didnt sign anything then my reply above stands.

Alex Watts :

This is because there is no signed contract saying it was non refunable.

Alex Watts :

* refundable *

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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