Consumer helpdesk: Deposits for goods can be tricky

ABOUT a year ago, I paid £100 to the Edinburgh designer shop Totty Rocks as a down-payment for a £195 jacket for my daughter.

It was not the right colour, so the shop offered to make another jacket for her. However, it did not fit.

My daughter asked for the £100 to be returned – however, the shop refused, even though they told her they had sold the jacket they made for her.

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I see no reason for them to withhold the money any longer. The shop has lost nothing and held on to the £100. Originally the shop assistant asked for a £50 deposit on the jacket but I offered £100 because I had just sold an item of furniture.

JH, Edinburgh

A TOTTY Rocks replied: “Our small boutique has a no-refund policy which is clearly stated within our store. We have already extended the credit note beyond the standard six-month policy as a goodwill gesture to this customer, as she has been a customer of ours for a while now and is familiar with how our business works. We are sorry that her mother feels this way, but we feel the matter is resolved.”

• Stephen Smith, a solicitor in the corporate team at Brodies LLP, writes: “Paying a deposit in advance for goods and/or services can be a bit of a minefield and can often lead to problems for the consumer.

“If you are asked to pay a deposit, then you should always check the terms on which it will be refundable to you. Make sure that you are comfortable with these before handing over any payment – don’t make the mistake of assuming that the deposit will be fully refundable in all circumstances.

“For example, if you simply change your mind about your order then you will likely struggle to get a refund, especially if your order was for something personalised or particular to you. Also, remember that if the worst should happen and your supplier goes out of business before it has given you with the goods then you will likely lose your deposit (unless you have paid with your credit card, in which case you may be able to claim it back from your credit card provider).

• If you have a consumer issue contact Claire Smith on 0131 620 8511 or e-mail [email protected].

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