Refunding a deposit

[DoJo]

Hi all, wondering if you have some insight into this situation.

Basically, I paid for a service with an initial deposit and the full balance followed shortly after. The service has been abysmal with numerous mistakes which have taken my time to rectify and finally a piece of work which was completed to such an abysmally low standard that I decided to cancel the arrangement. They have agreed to refund the balance of the payment but are quibbling over the deposit.

Despite me asking, there were no written Ts and Cs or contract, and they said that they would use the emails between us as the basis of our agreement. There is no explicit mention of the deposit being either non-refundable or refundable and they keep referring to one specific paragraph which actually refers to a separate service they were providing which was being paid for separately.

I have asked them to provide a detailed breakdown of what they have done on the main project to justify the withholding of the entire deposit, and said that I am happy to pay for work undertaken but I want to know what they believe that is so I can ascertain what their costs were. There are no materials involved, so it would literally be their time that I was paying for and they have provided no evidence that any has been spent on the project for which I was paying which was not due to start until the end of April anyway.

It's not a huge amount, so I want to know if it's worth pursuing them through small claims to recover the deposit. Any advice would be much appreciated as I don't want to waste time on a lost cause, but I also don't want pay them for doing nothing if I can avoid it! Thanks...

[mumhum]

Hi DoJo, as a consumer you have rights under the Supply of Goods and Services Act to expect services to be provided with reasonable skill and care. Is there a trade association or Ombudsman you can complain to? Which has a good summary of your possible position, see www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

You can make a small claim online for a limited fee, see www.gov.uk/make-court-claim-for-money/overview A decent company will not want a judgment against them as this will affect their credit score. Taking the step of starting a small claim may prompt them to pay.

Also try your local CAB or their helpline too, see www.adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_citizens_advice_consumer_service_e/if_you_need_more_help.htm

Good luck.

L

[DoJo]

Thanks ever so much for your advice - I'm hoping that the fact they have refunded the rest of the money demonstrates agreement on their part that they are unable to provide a service to the standards that were expected. I suspect the lack of Ts and Cs means that they have no idea of their actual legal position, but I wanted to be sure of mine!
I don't think there's a professional body or ombudsman to take this to, so a letter before action will have to be the next step...! Thanks again .

[mumhum]

The lack of T&C's probably also works in your favour as a consumer. If there is nothing to say that the deposit is non-refundable and you have received an unsatisfactory/unreasonable service, then you are entitled to a refund. Yes do write a letter before action first, put your complaint in writing and give them a time limit to respond in writing (I suggest 21 days) before starting any court proceedings.