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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I wanted to know if you can give me some advice. I have a

Resolved Question:

Good morning,
I wanted to know if you can give me some advice. I have a client who booked a service with me at a venue paid the deposit of 25% then months later cancelled and changed venues as a good will gesture we moved the date and services to a new venue then months later again cancelled as they are moving abroad but requested a service for a leaving party instead again we agreed out of good will even with the messing about and cancelled events.
Now instead they are getting married again and chose a venue we refuse to work at we have said unfortunately we will not work there and the deposit will be lost due to the client paying for the first event that was cancelled and we had been messed about
They are now wanting to take us to court for the deposit I just want to know where we stand as all deposits for services are non refundable?
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have you incurred any losses as a result of the changes by them?

Customer: replied 5 months ago.
It's hard to tell as we work in events once they are booked in for a date we reserve all the items for them so we can't sell them again they just show as booked so we wouldn't try and sell them again. What we did do is invest in new products for them that they ordered there deposit was £380 and we spent £1200 on the products they wanted
Expert:  Ben Jones replied 5 months ago.

Generally, when a person places an order for something, like a service, and pays a deposit they enter into a legally enforceable contract with the other side. It is implied that the service provider has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.

Unless you subsequently commit a serious breach of contract, or there was a cancellation clause, the consumer 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.

However, you will be subject to certain consumer rules and regulations. For example, the consumer 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 they are entitled to have the deposit returned in full, unless you had spent time, effort and money, in which case you can deduct reasonable expenses. Even if some expenses have been incurred, if these are subsequently recovered, for example by selling the services or items to someone else, the deposit should still be returned in full. It follows that a blanket non-refundable clause that entitles you to keep the deposit in all circumstances is most likely going to be unfair and unlawful. However, you are able to retain the deposit to cover for any losses you had incurred as a result of the cancellation, assuming you had no opportunity to recoup them.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks Ben
Expert:  Ben Jones replied 5 months ago.

You are most welcome

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