FlaFFy_91
Premium Member
Registered: 30th Sep 08
Location: Formby, Merseyside
User status: Offline
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i ecently put a deposit on a item through paypal
last night i asked the guy if i could get my deposit back as due to unforseen circumstances i cant afford the rest of the payments
he said no and has now relisted the item for sale
isnt the item technicly not his to sell though with my deposit still on it?
i always thought that untill i get my deposit back the item is still in a way mine
is this true?
any help would be much appreciated
thanks guys
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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He cant resell the item unless he has either refunded you or he has gone down the route of trying to claim the balance remaining from you and you are still refusing to pay.
You have however entered in to an agreement to pay the full amount for the item even if you have now changed your mind and in such cases the deposit can be non-refundable.
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Conway563
Member
Registered: 7th Jun 06
Location: Yate, Bristol
User status: Offline
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That's the whole point of a deposit, so if you then back out he's still got something for his time
He shouldn't be giving anything back IMO
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Robbo
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Registered: 6th Aug 02
Location: London
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YOU CERTAINLY HAVE NO RIGHT TO THE ITEM, WHETHER OR NOT YOU CAN GET THE DEPOSIT BACK IS ANOTHER MATTER TBH
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
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Ask them for thier T&C's
Personally i would have said its your own fault and you dont get it back.
Deposit is there so if you dont complete the payments then the person has something for you wasting thier time.
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
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Hardly any point in taking a deposit if you can just back out at any time and get your money back. It's his money for his wasted time.
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Neo
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Registered: 20th Feb 07
Location: Essex
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Bang on Joe, If you place a deposit on an item and either miss a payment deadline or back out, you loose the money. Basically its payment to him for you being a cock and not following a deal through.
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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Its not as simple as you cant have the deposit back.
We trade mostly through a deposit basis, but as the items being ordered (wedding dresses) are very customer specific our T&C specifically state that deposits are none refundable.
If an item is generic though you could have a case for getting it back.
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FlaFFy_91
Premium Member
Registered: 30th Sep 08
Location: Formby, Merseyside
User status: Offline
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neo how the heck do u know my name? :s
also i know i shouldnt be wanting ti back out. and if it comes to it i could get the item stil but in a few weeks as i will have to wait for pay day
but he cant put it back up for sale yet can he as i havnt specificly said no i fully cant get it and u can re sell it??
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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Even if you have said you dont want it, he would have to prove he has used all available means to collect the remaining amount before he can legally resell the item.
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Conway563
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Registered: 7th Jun 06
Location: Yate, Bristol
User status: Offline
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quote:
Originally posted by FlaFFy_91
neo how the heck do u know my name? :s
also i know i shouldnt be wanting ti back out. and if it comes to it i could get the item stil but in a few weeks as i will have to wait for pay day
but he cant put it back up for sale yet can he as i havnt specificly said no i fully cant get it and u can re sell it??
He was talking to me
You said in your first post you've told him you can't afford the payments, sounds pretty specific to me
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marklawton
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Registered: 24th Apr 05
Location: Pensby, Wirral Drives:Golf mk4 GTI
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quote:
Originally posted by FlaFFy_91
neo how the heck do u know my name? :s
look at your email address in your profile  lol
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FlaFFy_91
Premium Member
Registered: 30th Sep 08
Location: Formby, Merseyside
User status: Offline
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fair point mark
cosmo he hasnt aske me for any further payments just said i cant have my deposit back and then re listed the item??
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
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quote:
Originally posted by FlaFFy_91
fair point mark
cosmo he hasnt aske me for any further payments just said i cant have my deposit back and then re listed the item??
He cant legally do that.
As said he has to give you fair warning and time to pay the remaining balance - no matter what his T&C say you have basic statutory rights to this time.
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FlaFFy_91
Premium Member
Registered: 30th Sep 08
Location: Formby, Merseyside
User status: Offline
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thanks cosmo for your advice 
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strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
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How much is the item, and how much was the deposit?
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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Contact Paypal and try and get a refund.
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FlaFFy_91
Premium Member
Registered: 30th Sep 08
Location: Formby, Merseyside
User status: Offline
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item was 900 and i payed. 200 deposit
so 700 left to pay
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ShEp
Member
Registered: 9th Aug 05
Location: Dingwall, Highland
User status: Offline
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Seller is harsh keeping 200 personally i would of paid a partial refund on your deposit and kept listing fees etc.
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Twiggy
Member
Registered: 15th Oct 04
User status: Offline
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Seller should keep the deposit as that what its there or 
I would take it on the chin but fuck him up if he has a shop on ebay or whatever, prank calls etc
Get your moneys worth!
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ShEp
Member
Registered: 9th Aug 05
Location: Dingwall, Highland
User status: Offline
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I agree to an extent twiggy if it was a 50quid deposit id tell him to dry his eyes and do one. But when he has paid nearly 22% of the final price its very harsh.
Imo only of course
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Corsa_Sport21
Member
Registered: 13th Apr 08
Location: Leven, Fife. Drives : 205 GTi
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Heres me thinking it was only a couple of quid deposit.
900quid total is still alot to commit to with a 200quid deposit.Is there no way you can get the rest of the cash??What did you commit to buy?A car or something??
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