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ivorylounge,
Category: Property Law
Satisfied Customers: 33772
Experience:  Barrister at Self Employed Barrister
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My daughter was recently married at Walton Castle in

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My daughter was recently married at Walton Castle in Clevedon, but due to technical difficulties relating to power supplied by the castle, the planned and agreed fireworks were set off a few minutes passed the 10pm deadline. The venue were supposed to contact us within ten days of the event detailing any damage that might be retained from our security deposit of £950 (although the contract says 10% with a minimum of £750; the venue costing £7000). We contacted them a month later after hearing nothing and were told our damage deposit was being retained because of this breach in the T&Cs. No damage was done to the property and we have not had any breakdown of costs the venue might have incurred. Is the retention of the deposit legal? I would like to know how to pursue this further
Assistant: Where are you located? It matters because laws vary by location.
Customer: In England. Near Bath.
Assistant: Has anything been filed or reported?
Customer: There was a Council meeting in Clevedon about it for which my husband supplied an apology, but nothing further has been filed at present. We are trying to solve this amicably but the venue owner has put the matter to her solicitor and has threatened us with her legal costs if we pursue this further.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I just need to know what our legal standing is. We know we breached the T&Cs, albeit by accident. I just need to know if that also makes us liable to lose our deposit and whether or not we can at the very least claim the £200 excess we paid.

Is the only breach because of the fireworks? was that their fault in any event?

Customer: replied 1 month ago.
The only breach was the fireworks, which went off about ten minutes beyond the deadline. Technically it was our fault because we overran but this was due to a fault in their power supply. There was no damage to the property and they did not respond within the ten day limit as stated in the terms to say they were retaining the deposit and their reasons. We had to contact them and this was a month after the event.
Customer: replied 1 month ago.
I would rather have information in writing, thank you. We are considering a Small Claims case and need to know where we stand.

From you have written I would be minded to formally write to them and seek the return of your deposit in full. Invite them to pay this to you within 7 days failing which you will take the matter to the small claims court which you can do on www.moneyclaim.gov.uk From what you have written they do not have a claim on the deposit even with this 'breach' unless they can show you that it has a value (ie they have been fined for this sum). Otherwise from what you have written you are entitled to the full sum being returned. Happy to discuss and please rate 4 or 5 stars for my time.

Customer: replied 1 month ago.
Thank you for your help. We’ll do as you suggest.

My pleasure. can you please rate 4 or 5 stars.

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