Unfair Non-Refund On Deposit

[wilsonio]

I was supposed to be staying in private halls in Sheffield for this forthcoming year, but changed my mind last minute to go for a cheaper option. I hadn't signed any forms at this stage, but had given my card details over the phone. I rung up for them to cancel my booking, but they had already taken a £150 deposit out of my account. I asked them is they could refund it, but they said there was no way they could do it.

 

I think that this is totally out of order seen as though I'm not even staying there, and they said it wasn't even possible to refund it at the end of the academic year.

 

What can I do about this issue? I am absolutely hacked off as I am going to have hardly any money to survive on anyway and I'm already £150 down.

 

Any advice would be appreciated.

[MrShed]

I think this is one of the (few!) situations where I absolutely agree with landlord/agent. Bearing in mind the "seasonal nature" of these lets, it is fairly unlikely that they will now re-let it, and therefore their actual loss is somewhat greater than £150.

 

You can attempt to sue if you want on the basis that there was no written agreement, but I suspect you will struggle.

[wilsonio]

Thanks for the info.

 

I literally asked for a cancellation within a day of booking it though! I'm pretty sure they would be able to re-let? It did have a high interest

[wilsonio]

How would I be able to sue anyway?

[MrShed]

You could write an LBA(search the site) first stating that as there was no agreement in place that the deposit was non-refundable(I assume there wasnt?), they have no legal or contractual basis to withhold the deposit. State that they have 7 days to return the deposit, otherwise you will proceed to small claims court to enforce its return.

 

Did you pay via credit card or debit card?

 

Fair enough - in that timescale I change my mind a bit

[wilsonio]

Thanks for the info once again MrShed

 

It was by debit card.

 

I'll write an LBA & see how it goes.

[wilsonio]

And how could I get in touch with a small claims court?

[wilsonio]

Shall I leave my phone number on the letter too?

[MrShed]

Would just deal with via letter.

 

Dont worry about SCC yet - wait and see the response to the letter.

 

Was it a Visa debit card by any chance?

[wilsonio]

Shall I leave my phone number on the letter?

 

And it was Solo.

[MrShed]

Yes probably best at this stage

Edited August 19, 2008 by MrShed
Total change of mind on advice :)

[blazing-badger]

Wilsonio, was it made clear to to you at any time that the deposit would be taken at that point? Did you give your consent to the sum being taken from you?