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How long before a shop can keep a deposit?

  • 30-09-2011 12:33pm
    #1
    Gal pal
    Closed Accounts Posts: 49 ✭


    If somebody put down a deposit on an item in a store but never came back to pay off the balance, how long before the store will be able to keep the deposit and sell the item?


Comments

  • #2
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    The store can keep the deposit, anyway. Thats what a deposit is, security in case you dont come back. Unless its stipulated that its refundable in the terms, its theirs either way.


  • #3
    Gal pal
    Closed Accounts Posts: 49 ✭Gal pal


    Oryx wrote: »
    The store can keep the deposit, anyway. Thats what a deposit is, security in case you dont come back. Unless its stipulated that its refundable in the terms, its theirs either way.

    That's not what I asked!!

    How long before the store can say to the customer 'sorry the item has been sold and your deposit is ours'??


  • #4
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Presume this is an actual case. Did the shop set out terms initially?

    And how long are we talking?


  • #5
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    To be fair that's not what you asked.

    Do you mean, for how long does a deposit secure an item for the purchaser?


  • #6
    Gal pal
    Closed Accounts Posts: 49 ✭Gal pal


    Ok I put a deposit on something last December in a store, there were no terms about lenght of time, etc, set out, just my receipt for the 50euro.

    So how long before they can just sell on the item and keep my deposit?


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  • #7
    Gal pal
    Closed Accounts Posts: 49 ✭Gal pal


    Cyrus Repulsive Wreck wrote: »
    To be fair that's not what you asked.

    Do you mean, for how long does a deposit secure an item for the purchaser?

    Yes basically. Are there any legal guidelines on length of time?


  • #8
    Oryx
    Subscribers Posts: 19,425 ✭✭✭✭Oryx


    I dont know that a time is set out in law, because the type of product could vary so much with different retail businesses. A lot of retail law is based on what is reasonable, rather than fixed terms or timescales. But if its stock with an expiry, or seasonal turnover, it would be unreasonable to expect them to hold it for almost a year. Even if its not, if they havent heard from you in 9 months, youre asking a lot for them to have held something for you. Mostly though, for goodwill, a shop will allow you to use your deposit on another item. Have you asked this?


  • #9
    Gal pal
    Closed Accounts Posts: 49 ✭Gal pal


    Oryx wrote: »
    I dont know that a time is set out in law, because the type of product could vary so much with different retail businesses. A lot of retail law is based on what is reasonable, rather than fixed terms or timescales. But if its stock with an expiry, or seasonal turnover, it would be unreasonable to expect them to hold it for almost a year. Even if its not, if they havent heard from you in 9 months, youre asking a lot for them to have held something for you. Mostly though, for goodwill, a shop will allow you to use your deposit on another item. Have you asked this?

    It was a jumper, so yes seasonal turnover.

    I haven't been in contact with the store since Feb. They rang me at work to remind me, but I'm now out of work since Mar, so they don't have my personal number.

    I have no intention of going back because I can't afford the balance (250euro) so I've written off the 50 in my head but just incase I win the lotto or something I wanted to see if there was a legal length of time a store must keep something if there has been a deposit placed on it.


  • #10
    Melendez
    Closed Accounts Posts: 1,645 ✭✭✭Melendez


    This post has been deleted.


  • #11
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    Gal pal wrote: »
    If somebody put down a deposit on an item in a store but never came back to pay off the balance, how long before the store will be able to keep the deposit and sell the item?
    As said before theres no legal limit on time, as the shop were under no legal obligation to "lay away" items for you in the first place. Your now relying on the goodwill of the shop to allow you to select something else, but, once again, no legal obligation on them there either. Worth a try though.


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  • #12
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Dialogue is a great thing.

    Go in and have a quiet chat with the manager. Dont demand, shout or quote non-existant law.

    He may even give you your money back.

    You say you have written it off, well don't. Have a polite chat.

    You may get it sorted quite easily by refund, credit note or something else.

    Its well worth a try.


  • #13
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    superscouse wrote: »
    Dialogue is a great thing.

    Go in and have a quiet chat with the manager. Dont demand, shout or quote non-existant law.

    He may even give you your money back.

    You say you have written it off, well don't. Have a polite chat.

    You may get it sorted quite easily by refund, credit note or something else.

    Its well worth a try.

    Agree 100% but a contrarian view.....

    The store could have held on to the item for several months based on you putting down a deposit but by the time they figure you aren't coming back to complete the sale they might have had to write down the price and let the goods go in the sales in which case they would have a moral right to hang on to your money i.e. you'd forfeit the deposit.

    They can't be expected to hold on to the goods forever.


  • #14
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    coylemj wrote: »
    Agree 100% but a contrarian view.....

    The store could have held on to the item for several months based on you putting down a deposit but by the time they figure you aren't coming back to complete the sale they might have had to write down the price and let the goods go in the sales in which case they would have a moral right to hang on to your money i.e. you'd forfeit the deposit.

    They can't be expected to hold on to the goods forever.

    Very true.


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