Deposits

jeoun

Just to get peoples opinions on this.....

A customer placed an order with our company (in January) for a product that cost €600. She left a deposit of €200 and we ordered the product for her. It has been sitting in our shop since then.

Now she has been demanding that because she has now decided that she does not want the goods, she wants her deposit back. I have told her that because she paid us a deposit, she entered into a contract with us that she would take the product. There is nothing wrong with the product, only that she does not want it.

I have contacted the Consumer Association and they told me that she is not entitled to her money back, however she is threatening the usual solicitor/court case etc.

Opinions on this greatly received!

jor el

The NCA is right, she is not automatically entitled to the deposit back and no court or solicitor can change that. Now, there are circumstances where a deposit can/should be returned, but these are normally to be made up between the retailer and consumer before the agreement is entered into.

As it stands, tell her to go and waste money on her solicitor, it's her loss.

Paulw

You have no responsibility to give her deposit back.

If she wants to take legal action, let her. She has no case against you.

GerardKeating

jeoun wrote: »

Just to get peoples opinions on this.....

A customer placed an order with our company (in January) for a product that cost €600. She left a deposit of €200 and we ordered the product for her. It has been sitting in our shop since then.

Now she has been demanding that because she has now decided that she does not want the goods, she wants her deposit back. I have told her that because she paid us a deposit, she entered into a contract with us that she would take the product. There is nothing wrong with the product, only that she does not want it.

I have contacted the Consumer Association and they told me that she is not entitled to her money back, however she is threatening the usual solicitor/court case etc.

Opinions on this greatly received!

Not only is she not entitled to her deposit back, in theory you could sue her for the balance of the money and compel her to complete the sale, which you might mentioned to her next time she threatens legal action.

ScouseMouse

You dont have to give her the money back. You now have this stock ordered in especially for her, so tell her she has to take it.

If its something you could readily see on, then maybe you could give her the money back - but you dont have to.

If she is threatening you and narky as hell, tell her no and walk away.

Within reason, I dont mind giving people their money back, but I do expect them to be civil. The choice is yours not hers.

91011

Tell her if she can show where it is stated in law that she is entitled to the deposit back that you will not just give her back the deposit, but give her the item free as well.

Its a safe bet:D

the groutch

zero reason why you should give it back
aside from the fact the deposits are generally non-refundable, you may have had to use up stockroom space holding it for 9 months, and if it's the likes of electronics the market value of it may have depreciated, so you'd be using the deposit to cover those expenses.

Oryx

She hasnt a leg to stand on, the deposit is yours by right. Wait for that solicitors letter. It will never come.