Wedding venue 'non-refundable' deposit

[Cheshirecat386]

Hi hope someone can give me a bit of advice.

 

We decided to cancel our wedding, scheduled for 18 April 2020, at the end of November 2019, giving approximately 5 months notice.

We had already paid £500 which I was told was 'non-refundable' unless the date was re-sold.

Obviously due to c-19 the date didn't re-sell and the venue has been forced to close down until further notice.

 

Am I now entitled to a full refund of my deposit, given that they couldn't re-sell the date in any event, but also they haven't lost any actual costs as the venue was shut.

 

Also, were they allowed to withhold this money irrespective of what was in our contract as we gave them a good amount of notice?

[BankFodder]

In principle I would say that a "non-refundable" deposit would be unenforceable other than to the extent that it reflects their actual administrative losses. Five months notice seems to be a long time – and extremely adequate.

How did you pay?

[dx100uk]

you'll have a tough time without issuing a court claim me thinks..

the covid issue should not make you to blame nor be made to suffer..

 

worthy of a read

 

 

[Cheshirecat386]

I paid by credit card but have been told by bank s75 cca won’t cover (though that was before c-19).

[dx100uk]

why wont sec 75 work?

 

[Cheshirecat386]

I was told because we cancelled without any good reason (other than we decided we didn’t have time to plan it!). I’ve subsequently had a ski accident so am waiting for 2 ops on my knee plus c-19 so obviously the right decision. I’ll try s75 again.

[dx100uk]

you don't have too give any reason, its an emotional things a wedding..

and this was done months ago..by now the venue should have refunded

quote the card company that link in that thread I pointed too.

 

 

[BankFodder]

You will have to approach them with a reasoned argument.

You should explain to them that under the unfair terms provisions of the Consumer Rights Act, they are not entitled to levy any kind of sum unless it reflects their administrative expenses. They are unable to justify a "loss" of £500 in respect of notice given to them five months in advance and in fact they are opportunistically using the virus crisis which has prevented them from re-letting the venue in order to justify them recouping their losses from you.
Draw their attention specifically to schedule 2 clause 5A of the 2015 Act
 

 

which contemplates precisely the kind of circumstances that you find yourself in now.

Tell the bank that if they will not respect their obligations under section 75 of the Consumer Credit Act that once you have successfully sued the wedding company for breach of their Consumer Rights Act obligations you will then turn your attention to the question of unfair treatment by the bank which itself is a breach of statutory duty and contrary to the Banking: Conduct of Business Regulations 2009 and that you are prepared to bring a legal action in respect of their unfair treatment of you.

If the bank proposes that you go to the ombudsman you should decline and say to them that you will be looking to court action. The bank would prefer you to go to the ombudsman, and if you haven't figured it out, that means that your best interests are to go to court.

The banks are always reluctant to uphold chargebacks or to make refunds under section 75 of the Consumer Credit Act – and you will have to be polite but persistent. If you going to do this on the telephone – then record your calls and confirm everything which has been discussed in writing. You should read our customer services guide and implement the advice there.

Which credit card provider are you dealing with? Whoever it was who told you that there has to be "a good reason" is making it up as they go along. Could it be Barclays by chance?

 

 

[Cheshirecat386]

Thank you all. I’ll get back into the credit card company tomorrow. Fingers crossed we can get it back