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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 280
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We paid a holding deposit ring at a jewellers in York on

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We paid a holding deposit for a ring at a jewellers in York on 11/6/2016 prior to arranging interest free credit by way of 20% deposit and balance over 2 years , we would return with the proof of ID at a later date to set up credit finance.
The following day my wife changed her mind and I rang the jewellers to get my deposit back.
They have said it is company policy not to return deposits, and I have noticed on my receipt that this is stated, but we were not told this at the time .
What is my legal situation
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

Thanks for your question. I hope I can help.

Under contract law terms the parties need to be aware of the terms at the point the contract is made. Generally the contract is made on payment, in this case the deposit. Now the jeweller should communicate to you prior to payment that the deposit was non refundable before you paid it. The fact it is stated on the till receipt is an attempt to incorporate a term in to the contract after it was made. Any attempt to incorporate a term after formation of the contract will render that term void.

You should be entitled to the return if the deposit.

Did you pay the deposit by credit card? You could speak to the credit card company about it to see if they can assist. If not then you will have to sue via moneyclaimonline.com to recover the deposit.

I hope this assists you.

Let me know if you have any queries in respect of my answer.

Please can I ask you to accept /rate my reply.

Good luck.

propertylawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I paid by debit cardIf the jewellers refuse to pay up do I go to the small claims courtregards

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