re: i want to return deposit

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delilah
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re: i want to return deposit

Post by delilah »

Hello, i need some advice please. I have t and c, but it doesn't fully cover this. I had someone delay a long while in paying his deposit (he had the invoice with bank transfer details). It took lots of emails and way over the time, and i contacted him to say i wanted to cancel the booking as i hadn't heard from him. He came back with lots of "sorry' and had transferred the money. He has booked it for his best man, and now i'm supposed to liaise with him (done this before, usually works fine. Now this guy is unobtainable on the phone contact given. I contacted the original guy, and he said he'd get him to email me. He hasn't. I've now spent so much time on this, and said if i didn't hear within four days i would return the deposit, and requested his bank details. Still nothing. What i'm concerned about is whether i'm legally able to do this, since i have taken the deposit. I've been running my holiday cottage successfully for 3 years now, and not had this situation. My other concern is this has already taken lots of time (23 emails!) and that , as i explained to him, its not reasonable to expect me to have to chase them continually, and to have such late responses to requests for deposits, information, contact details etc. Thanks
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louiseddie
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Post by louiseddie »

Hi Delilah, how utterly irritating for you.

I think you gave him some notice and he didn't respond, so if it were me I would consider it cancelled, release the dates back in the calendar, and continue to try and reach him to return the deposit. He paid it late which I'm sure contravenes your t's and c's anyway, and you can't be sure he's going to pay the balance let alone on time given his lack of communication so you have very reasonable grounds.

I think he could/would only have any reason to legally do anything if you tried to hang on to his deposit. I highly doubt he's going to try and sue you for giving his deposit back but him then having to find somewhere else to stay. Very unlikely and foolhardy and even in that 0.0000001% chance a judge would I'm sure take a very dim view of their behaviour and doubtless say they brought it on themselves and were not attempting to fulfil the contract from their end.

So get rid, I say.
louiseddie
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Post by louiseddie »

ps also if they're being this disrespectful already I would be very concerned at how they'd treat your property, particularly with it being a stag or pre-wedding-night...
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Normandie
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Post by Normandie »

A bit more info:

When - what month - is the booking for? ie, how long have you got before they arrive?

What do your terms & conditions say about deposits, refundable or not, etc.

Do you definitely not want this booking even if they now pay the balance? (I wouldn't want it).

In your situation (as I understand it and without knowing your Ts&Cs) I would write to the person/s concerned and clearly notify formal cancellation of booking due to no balance payment received by the required date even following X number of requests via X & Y. I'd document contact efforts in case you need a record later. (Unlikely, imo) Re-request the bank details for refund of deposit.

At the same time, I'd release the dates and having fired off cancellation notifications, ignore them until they contact you. If it is for some sort of stag or wedding-related booking, they may need to collect contributions from a number of different people which is delaying things. Their problem, don't make it yours... unless you particularly enjoy this sort of administrative morass. :lol:

Having said that, frankly I'd keep the deposit as an admin charge against all the effort you've had to put into this booking but your Ts&Cs may not permit you to do that.

If I can't keep the deposit, I'd revisit my Ts&Cs and beef them up.

Good luck with resolving the booking.
Bunny
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Post by Bunny »

Delilah, what is your booking procedure? Do you not require a booking form/rental agreement to be completed as well as paying a deposit? If so, and you have not had the booking form completed or correctly completed with the correct guest names then they have not secured the accommodation and you would be perfectly entitled to return the deposit. You are not cancelling because the booking has not been confirmed in the first place. They are cancelling by default.

I've been caught out like this before, and for wedding groups I now insist that I deal directly with the guests from the outset i.e. I will not allow brides/grooms to make bookings on behalf of a third party.
redcoalcarpet
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Post by redcoalcarpet »

I'd keep the deposit and release the dates. Obviously write or telephone and tell the original booker (who your contract is with, even if only verbal) what you're doing. Sounds like you've already given them the opportunity to provide bank details for a refund so I would say (and any judge - if it came to it - would also say) your behaviour has been more then fair and reasonable. It's not your job to organise someone else's wedding plans!
e-richard
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Post by e-richard »

What is your real problem?

Is the date for balance overdue ?
Is the booking form missing ?
Is the holiday start date imminent ?

You did not mention any of these, so I'm thinking just because he is a PITA is not really sufficient grounds to cancel is it ?

If I am wrong, then please correct us.
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Normandie
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Post by Normandie »

e-richard wrote:What is your real problem?

Is the date for balance overdue ?
Is the booking form missing ?
Is the holiday start date imminent ?

You did not mention any of these...
You're right, e-r. I'd 'assumed' that the balance was overdue but, reading back, it doesn't say that.
Bunny
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Post by Bunny »

I don't think Delilah is referring to a rental balance. I understood that she had not even received the booking deposit yet?
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Normandie
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Post by Normandie »

Bunny wrote:I understood that she had not even received the booking deposit yet?
As I read it, Delilah's asking for bank details so that she can return the deposit... so it appears the deposit was (finally) received.
Bunny
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Post by Bunny »

Ah, having re-read it, I think I've misunderstood this sentence:

"and said if i didn't hear within four days i would return the deposit, and requested his bank details. Still nothing."

I took that to mean that she was still waiting for the deposit to appear in her account and now wanted to return it regardless.

But I missed this bit:

"since i have taken the deposit".

If it is the balance that is overdue I guess the booking must be imminent :cry: In which case, I would be very concerned.
e-richard
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Post by e-richard »

Bunny wrote:If it is the balance that is overdue ....

It does not even say that ?

I think we need a lot more FACTS before commenting.
** Richard
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tavi
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Post by tavi »

As I read it,
  • A. made booking
    A. failed to pay booking deposit
    many reminders later A. pays booking deposit
    A. then announces that all further communications are to be with the "best man" (B)who presumably is actually going to be the occupier.
    A provides B's contact details.
    Delilah contacts B to request booking form, arrival information.
    No reply from B
    Delilah is sick and tired of both A and B and wants to cancel the whole booking and return the booking deposit to A.
(i.e. they haven't even got to the point of the balance being due yet!)
Essar
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Post by Essar »

I'm with Tavi's take on the story so far.

I'd tell the original booker - who in my opinion is the lead guest - that as there has been no contact as promised the booking is now officially cancelled and their deposit will be returned as soon as they provide bank details; and that there will be no reinstatement and the dates have been released on general sale.

What is needed is one of Normandie's famous missive suggestions here.
"Write something, even if it's just a suicide note"
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Hells Bells
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Post by Hells Bells »

I think short and to the point here.

Dear X
I have been trying unsuccessfully to contact Y regarding your booking at our property. I am therefore unable to proceed further with the booking, and regretfully, the booking is now cancelled. Please provide your bank details by return so I can refund your deposit.

Regards
Delilah.
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