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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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I stupidly handed over £5000 chq (which has been cashed)

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Hello
I stupidly handed over £5000 chq (which has been cashed) to reserve a mobile park home. There was no talk of non refundable and although I asked no paperwork was offered; he merely referred to it as a holding fee so they wouldn't sell to anyone else. I do have a receipt. I have since learnt that I cannot get finance for the balance to buy this property - nowhere offers finance on these properties apparently - so have had to pull out of deal and obviously he now states it was a non refundable deposit. I have contacted him by txt and email asking to sort issue out but no contact. Where do I stand (aside from embarrassed!)
Annette
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Were you ever notified that the deposit was Non-Refundable?
Kind regards
AJ
Customer: replied 1 year ago.

No, as I stated that was never mentioned, he simply said as a holding fee. Had the term non-refundable been used I would not have handed the sum over.

Customer: replied 1 year ago.

Did you receive my response?

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
A deposit can only be non refundable if you were notified before hand.
I suggest you write to him as follows:
- Say he must immediately return your deposit;
- He cannot claim the deposit as non refundable as you were not notified of this before you paid the deposit;
- If he does not return your deposit within 7 days you reserve the right to either:
(i) Sue him in the county court https://www.moneyclaim.gov.uk/web/mcol/welcome ; and/or
(ii)Complain to trading standards https://www.gov.uk/find-local-trading-standards-office
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.

Thank you, ***** ***** already mentioned Trading Standards and the wish not to get into a legal battle in my email to him.

He has just rang me; he is stating he did say non refundable! He says they are a Ltd co and strapped for cash so they cannot afford to give money back!

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If he did not state it was non -refundable, and it was not in any terms and conditions you were notified of before you paid the money, then he has to repay you.
If the company is cash strapped then I would propose that they come up with a repayment plan. You can sue them at any time over the next six years if you want to hold off with legal action.
Did you pay the money to him personally or to his ltd company?
Kind regards
AJ
Customer: replied 1 year ago.

I think the strapped for cash is just a rouse ..... chq was made payable to company.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I think the only way to get your money back is to keep the pressure on. If he ignores you, you should sue him, this can be dealt with in the small claims court and once you have Judgment you know you can always take enforcement action to be paid.
You should make clear you reject his assertion that the deposit is non refundable - write to him and say this was never agreed and he is trying to unilaterally change the terms of your contract. If he does not repay the money say you will also seek interest and costs associated with recovering the money.
Kind regards
AJ
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