Must I pay the deposit ?? I don't think so...

LilacNails

Renting a piece of gym equipment for a few months.

Item got delivered to me, last minute and was asked to pay the full rent amount up front, no problem was told it from day one.

However I got a text the other day the person who supplied it said they forgot to ask for my CC details for a deposit... In case I want to hold onto the equipment a bit longer. This was the first time a deposit was mentioned.

I have no intention of holding onto the equipment for longer than I have already told and paid the person for.

I pissed off tbh they have turned around and suddenly I owe a deposit.

What are my rights? I'm tempted just to ignore but I know that won't get me no where and they will concact again.

I paid the full rental payment upfront when asked to do so, proof of address was given. I don't know how much the deposit is for like I mentioned I did not reply yet.

80j2lc5y7u6qs9

LilacNails wrote: »

Renting a piece of gym equipment for a few months.

Item got delivered to me, last minute and was asked to pay the full rent amount up front, no problem was told it from day one.

However I got a text the other day the person who supplied it said they forgot to ask for my CC details for a deposit... In case I want to hold onto the equipment a bit longer. This was the first time a deposit was mentioned.

I have no intention of holding onto the equipment for longer than I have already told and paid the person for.

I pissed off tbh they have turned around and suddenly I owe a deposit.

What are my rights? I'm tempted just to ignore but I know that won't get me no where and they will concact again.

I paid the full rental payment upfront when asked to do so, proof of address was given. I don't know how much the deposit is for like I mentioned I did not reply yet.

I would cancel the contract with them and seek a refund. you can do that as they did not supply what was paid for without adding an extra cost they 'forgot' to mention. What you are asked to pay now is not what was agreed. Therefore you can cancel the contract and be entitled to refund

I wouldn't keep it and not pay as you are now aware of the deposit and by keeping you may be accepting the new terms. I do not know if you would be accepting the new terms or not .

That is why I would do and is not advice.

Losty Dublin

In your rental contract that you signed or agreed to, what does it say about the possibility of being asked for a deposit for the use of the equipment?

LilacNails

Losty Dublin wrote: »

In your rental contract that you signed or agreed to, what does it say about the possibility of being asked for a deposit for the use of the equipment?

I didn't sign anything.

80j2lc5y7u6qs9

LilacNails wrote: »

I didn't sign anything.

in your agreement,before the delivery, was there any mention of deposit in any circumstance. My reply above is based on your OP which says the mention ofdeposit was after the delivery and your full payment. Are you sure the text was from the supplier?

LilacNails

Oscar Rough Tart wrote: »

in your agreement,before the delivery, was there any mention of deposit in any circumstance. My reply above is based on your OP which says the mention ofdeposit was after the delivery and your full payment. Are you sure the text was from the supplier?

There was zero, no mention of a deposit at any time, until I was contacted the last day. I was only asked for full payment.

Yes it was from the supplier.

80j2lc5y7u6qs9

LilacNails wrote: »

There was zero, no mention of a deposit at any time, until I was contacted the last day. I was only asked for full payment.

Yes it was from the supplier.

In that case i would do as i said above. Not advising you to but if the contract is not what you agreed to verbally or in Ariting you can cancel and be entitled to refund to the best of my nowledge. And my knowledge is pretty good on consumer issues. But only pretty good not infallible

search sale of goods and supply of services act 1980

Marcusm

Oscar Rough Tart wrote: »

In that case i would do as i said above. Not advising you to but if the contract is not what you agreed to verbally or in Ariting you can cancel and be entitled to refund to the best of my nowledge. And my knowledge is pretty good on consumer issues. But only pretty good not infallible

search sale of goods and supply of services act 1980

Why bother cancelling? She has the equipment and she has paid the hire fee. The hirer is at risk if it’s not returned but that is a condition they would want to enforce before handing over the goods. If it wasn’t an express part of the arrangement, I suspect that legally and, more importantly, practically the hirer has no ability to demand the deposit. Use the equipment, keep it in good order and deliver it up at the end of the hire period.

the_syco

LilacNails wrote: »

I didn't sign anything.

I find it odd that you pay a lump sum to rent an item, without a contract saying that you will give it back. The contact may say something along the lines of "by paying the amount, you agree to these terms"?

80j2lc5y7u6qs9

Marcusm wrote: »

Why bother cancelling? She has the equipment and she has paid the hire fee. The hirer is at risk if it’s not returned but that is a condition they would want to enforce before handing over the goods. If it wasn’t an express part of the arrangement, I suspect that legally and, more importantly, practically the hirer has no ability to demand the deposit. Use the equipment, keep it in good order and deliver it up at the end of the hire period.

i said that is what i would do. by cancelling get a refund,that is where i know to be solid ground. I do not know any further for sure.




"I suspect that legally" is too vague and no good in legal situation

Marcusm

Oscar Rough Tart wrote: »

i said that is what i would do. by cancelling get a refund,that is where i know to be solid ground. I do not know any further for sure.




"I suspect that legally" is too vague and no good in legal situation

Seriously? Why would she be on “solid ground” in cancelling? Given that the goods cannot be returned in the times of Corona? The hirer has no prospect of enforcing a deposit at this stage and the OP wishes to use the equipment. Your suggestion does not meet the basic standard of achieving the OP’s sims and certainly does not place her on any solid ground. Assuming it was paid by card, a chargeback would likely not be successful.

LilacNails

the_syco wrote: »

I find it odd that you pay a lump sum to rent an item, without a contract saying that you will give it back. The contact may say something along the lines of "by paying the amount, you agree to these terms"?

There was no contract. Was just asked how long I wanted to rent for.

80j2lc5y7u6qs9

Marcusm wrote: »

Seriously? Why would she be on “solid ground” in cancelling? Given that the goods cannot be returned in the times of Corona? The hirer has no prospect of enforcing a deposit at this stage and the OP wishes to use the equipment. Your suggestion does not meet the basic standard of achieving the OP’s sims and certainly does not place her on any solid ground. Assuming it was paid by card, a chargeback would likely not be successful.

she is entitled cancel the contract and to a refund because what they delivered does not match what she agreed to pay for.that is what i meant by solid.



I am not arguing this any more. I said i did not know any more about whether, being advised of the deposit, she continued to use them ,whether this would change the situation. So i am not saying any more

Lenar3556

Oscar Rough Tart wrote: »

she is entitled cancel the contract and to a refund because what they delivered does not match what she agreed to pay for.that is what i meant by solid.



I am not arguing this any more. I said i did not know any more about whether, being advised of the deposit, she continued to use them ,whether this would change the situation. So i am not saying any more

If there was a difficulty or failing in relation to the equipment itself, seeking a refund might be reasonable - but there has been no suggestion that this is the case.

On the facts presented - a hire agreement was entered into, albeit not the most formal hire agreement in the world.

The goods were delivered to the consumer, who paid the agreed fee. That’s the height of it.
As regards the vendor now looking for a deposit, if this wasn’t part of the agreement he may forget it.

She would actually be on weak ground trying to cancel at this point. She may have difficulty in getting her money back, and I wouldn’t like to bet on the SCP finding in her favour.

the_syco

IANAL.

LilacNails wrote: »

There was no contract. Was just asked how long I wanted to rent for.

That sounds suspicious. I find it odd that someone rents you equipment without a contract saying that you'd return it after a set time frame. Did you verbally contact someone and ask for them to deliver a piece of gym equipment, and they did so without know if you even had the ability to pay until you got the equipment?

So I'll just reread your OP;

LilacNails wrote: »

Renting a piece of gym equipment for a few months.

So you have a defined set of time agreed on?

LilacNails wrote: »

Item got delivered to me, last minute and was asked to pay the full rent amount up front, no problem was told it from day one.

So, the agreement was that you would pay up front after you receive the equipment? That's unusual.

LilacNails wrote: »

However I got a text the other day the person who supplied it said they forgot to ask for my CC details for a deposit... In case I want to hold onto the equipment a bit longer. This was the first time a deposit was mentioned.

There are two ways to look at this; that they want a deposit now, or that they want the deposit if you don't return the equipment by the agreed date.

LilacNails wrote: »

I have no intention of holding onto the equipment for longer than I have already told and paid the person for.

As the equipment was delivered to you, how do you intend on returning it?

LilacNails wrote: »

I pissed off tbh they have turned around and suddenly I owe a deposit.

Did they say that the deposit is owed now, or will be owed if you hold onto the equipment longer than the agreed timeframe?

LilacNails wrote: »

What are my rights? I'm tempted just to ignore but I know that won't get me no where and they will concact again.

If sh|t happens, and you go a day over the agreed timeframe, they could pursue you for penalties.

Losty Dublin

LilacNails wrote: »

I didn't sign anything.

Perhaps not signed in ink but did you click Yes or No to the online popup window asking about agreeing to the terms and conditions that is part and parcel of all online purchase and ordering sites?

If you clicked Yes, did you actually read the terms and conditions to see if there was any mention of deposits or pre fees or delivery charges or soiling/damage fees or other such charges not mentioned in your monthly rental? Cos if you clicked yes then it may weaken your position.......

rock22

What will they do if you don't pay the deposit?
If you already have the equipment then perhaps just ignore them.