Deposit Paid On Dresses But Can't Afford To Pay The Rest!!!!

[fighter]

Hi all,

 

I have tried searching some of the posts to see if I can see an answer, but nothing is showing!!

 

Please help!! I have paid a deposit for bridesmaid dresses but due to financial circumstances and redundancy I can't afford to pay the remaining amount.The dresses have now arrived in the shop for collection and the owner has stated that if I don't pay the rest and collect them within 7 days she will commence with legal proceedings. Can she do this?

 

Any advice is appreciated.....

[liesauk]

did you sign anything?

A deposit is purely that, an amount of money that is left, that is non refundable and usable against any restocking fee etc in the even the goods are no longer required.

[fighter]

Hi, yeah I remember signing for the dresses but all it states on there is if they are not collected and paid for within 7 days they have the right to resell them.

[liesauk]

Hi, yeah I remember signing for the dresses but all it states on there is if they are not collected and paid for within 7 days they have the right to resell them.

 

I would make sure that is all it says and there is no reference to a legally binding agreement. I would also say that if it went through to a small claims court I would contest it in the first instance and show mitigating circumstances, you would have proof of your redundancy etc.

 

Have you explained your circumstances to the owner?

 

I would put it in writing that you are in no position to carry through with the purchase, and regretfully inform them that you will not be paying for the goods. Also if you wish you could ask if you could have your deposit back (cheeky but if your letter is heartfelt enough and the dress/es are easily sold you may be lucky)

 

good luck and don't panic, they won't be able to do much if they don't have in writing your agreement to full and final payment regardless of circumstance.

 

liesa

x

[fighter]

Thank you Liesa, I will do that and hope for the best!! Just worried if she decides to call in debt collectors?

[liesauk]

Thank you Liesa, I will do that and hope for the best!! Just worried if she decides to call in debt collectors?

 

generally that wouldn't be a cost effective solution for her, she will probably send letters stating that you are liable, but as I have previously said she would have to prove that with a written agreement/contract.

 

Don't fret, you have enough on your plate, draw up the letter and concentrate on yourself for a bit.

 

liesa

xx

[gyzmo]

If she does resell the dresses, then you may be able to claim that keeping the deposit counts as unjust enrichment.

 

Have you asked if you can pay in instalments or can someone else make the payment for you and you pay them back?

[Prolix]

The deposit was to cover the retailer in the event of something like this happening. They are entitled to keep the deposit, but have no means by which they can pursue you for the rest. Its just sabre rattling on their part.

 

If the deposit was large enough I would be thinking of asking them for some of it back and you may have more of a legal right to a partial refund that they would to get more money from you. It may be an unfair term that they keep all of the deposit when thare are steps for them to mitigate their losses (sell the dresses, return them to the supplier). You could write and say that keeping all of the deposit amounts to punitive damages and that the term in the contract that says they can is unfair and a breach of the Unfair Terms in Consumer Contracts Regs 1999.

 

Tell them that you may raise an action in the Small Claims Court and that they will have to demonstrate to a judge/sheriff that they are entitled to the money.

 

For the price of a stamp you may get some money back.