Can I get deposit back?

[Wood worker]

Hi to everyone on here and I have a bit of a problem. The wife decided to put a 50% deposit on a prom dress for the daughter at a local shop. This was accepted against a simple receipt for the money with no collection date agreed and no paperwor issued in respetc of terms or deposits (returnable or not etc).

The dress was no longer required and so the wife called to cancel and offered the shop to withold an admin. fee as a sign of goodwill. The shop assistant simpley stated "Well,youve lost it" meaning the whole of the £125 deposit was lost.

The company have a web sales site too which offers returns 'no questions asked' in 7 days for any reason where they witold 15% of the purchase price (not too bad I think!)

As we have not taken possession of the dress and no costs have been incurred in respect of any expenditure on alterations,fitting etc by the store would I be reasonable in claiming the deposit back via the county court as no written contract exists in respect of the deposit,collection or terms?

Any comments and guidance would be much appreciated. I take it this is covered by consumer protection laws?

[Viix]

Interesting question, I'm not sure what protection the consumer laws would offer here but regarding your comment about the 7 day returns on their website - this is the 'distance selling regulations' which stipulates that purchases made where you are not present, i.e. internet sales, phone and mail order, then you have a reasonable amount of time (7 days from delivery) to inspect the goods and if not happy with them return for a full refund.

 

I'm assuming you placed the order in store, therefore the distance selling regulations wouldn't apply.

[Wood worker]

Hi...yes.It was placed in store. The wife assumed deposits were returnable and was not informed either way,just received a simple hand-written receipt. She has now received (six weeks after the dispute began) a copy of the stores t&c's in respect of deposits,but she is adamant she would not have placed it had she been aware the deposit was not returnable.

Are you aware what legislation would cover this (if not consumer protection etc) as I am fully prepared to start some action to recover the money. Seems wholely unfair to have unclear and conflicting sales practices in one business!

[Viix]

For legislation on getting refunds on a deposit, you can try ringing Consumer Direct for some official advice.

 

http://www.consumerdirect.gov.uk/

 

If I was in your position, I would highlight the point about placing the deposit without being given any terms and conditions at the time regarding refunds of the deposit.

 

Another point I just realized about their internet sales returns policy: although you should verify this, but to my knowledge, the store is not allowed to charge any restocking fee (i.e. 15% as you quoted) within the 7 day period - the distance selling regulations normally warrant a full refund. So you could talk to Consumer Direct about both these points and they will make a log of the report and may even follow up with the retailer about any breaches of the distance selling regulations. You could speak to the store about these points and let them know they could be breaking the law - ask them for a refund to settle the matter without extra legal trouble. Let us know how it works out for you in the end.

[Wood worker]

Many thanks for this...I will certainly 'give a whirl' ad let you know how i get on.