DEAN DUNHAM: How can I force wedding dress shop to return my ‘non refundable’ deposit?

I paid a £1,000 deposit for a wedding dress, but a few days later I found another dress I liked better, so I canceled the order.

The boutique says it’s non-refundable, but confirms they haven’t started making the dress yet. How can I make sure I get my money back?

MN, Fareham, Hants.

Dean Dunham replies: My answer to your question applies to any situation where a consumer is asked to make a deposit for goods or services to be delivered at a future date.

The starting point is to determine whether you have been clearly told that the deposit is non-refundable.

The Consumer Rights Act 2015 says that ‘key terms’ such as a deposit being ‘non-refundable’ must be made ‘prominent’ and that it is legal to have a non-refundable deposit.

If this crucial fact is not clearly stated or emphasized prior to the contract, it is not binding. This means that you may be able to get a full refund of the deposit if you cancel your order.

Even if you are informed that the deposit is ‘non-refundable’, that is not the end of the matter as it may not be fair for the retailer to keep the full amount.

The Consumer Rights Act provides a list of terms that are ‘potentially’ classified as ‘unfair’, meaning they are not binding.

One of these is a provision that allows the trader to keep the money paid by the consumer if he decides to terminate the contract, but does not provide for compensation to the trader of an equivalent amount if the trader were to terminate the contract. .

So ask the retailer if he would have paid you £1,000 if he had canceled on you (that’s £1,000 in addition to getting your deposit back).

If the answer is no, and I suspect it will be, then this may be an ‘unfair’ clause, meaning you won’t have to forfeit your deposit.

Another term that may be ‘unfair’ under the Consumer Rights Act is a term where the consumer decides not to conclude or perform the contract and the consumer has to pay the trader a disproportionately high amount as compensation or for services not provided.

This applies to many situations where a deposit is said to be non-refundable. The question is: does the amount of the deposit cover the loss incurred by the retailer/trader as a result of the consumer canceling the order?

In your case, the retailer had not even started making the dress and the order had only been placed a few days before the cancellation.

In these circumstances it is difficult to believe that the retailer would have paid £1,000 out of pocket, meaning you are entitled to the majority of the deposit.

If the retailer does not want to pay, you can file a chargeback claim if you paid by credit or debit card, or take the retailer to court in another way.

Should I take my sister to court over a loan?

I lent my sister money and she now refuses to pay me back claiming it was a gift and not a loan. Can I take her to court?

BH, Melksham, Wiltshire.

Dean Dunham replies: I am sorry to say that there is a presumption in English law that there is no ‘legal relationship’ between family members.

In this case, this means that the court will assume that this money was indeed a gift, unless you can prove otherwise.

When giving money to a family member, it is always crucial that you have something in writing that clearly states the terms under which you are borrowing, rather than gifting the money.

It does not have to be a loan agreement drawn up by a lawyer; it could simply be a note scribbled on the back of a napkin, as long as it clearly states that both parties agree that the specified amount handed over is a loan that must be repaid. refunded.

It is also advisable to specify when the loan will be repaid and to have both parties sign their agreement to the terms.

• Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.