Can I get my deposit back?

Elle Quinlan  17-05-2017

The short answer is, that non-refundable deposits are not always considered to be fair under the law, even if they are part of a company's terms and conditions.

Under the Unfair Contract Terms legislation, companies are not entitled to retain any money in relation to goods or services which could be reasonably sold on.

For example a deposit paid on a wedding venue which can then be sold on to another couple, or a deposit paid on a holiday which could be resonably re-sold on by the travel company, may be considered to be unfair, if they are non-refundable.

In the case of weddings and holidays, these are often booked well in advance, meaning that the company or venue would have plenty of time to re-sell their product. 

The law says it is unfair for companies to hold onto large non-refundable deposits, as well as re-selling their goods or services, as this allows them to profit twice.

The Competion and Markets Authority have indicated that companies who continue to charge large non-refundable deposits could face disciplinary action and/or fines if they continue to unfairly profit from customers.

If you think you have paid a deposit and can't get it back, we may be able to help. Samuels Solicitors, has a wealth of litigation experience in dealing with many different types of contractual disputes.

We act for clients with contract disputes in North Devon, Bude and Torridge areas, as well as throughout the rest of England. 

If you think you have a claim, contact us today to speak to one of our experienced litigators who would be happy to discuss your matter with you.

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