Getting a Deposit Back?

jhawkins313

Hello,

My fiance and I put a $100 deposit on a DJ back in October of 2013. We have a half-as'ed contract sort of. 

The original deposit was supposed to be $300, but he let us make $100 each month until the deposit was fully paid. Only until then would our date be held. 

Anyway, we decided to elope. I emailed and told him this twice since January. I have heard nothing from him about it. 

Our wedding is in October, a Saturday - I am sure he can re-book. Well, I shouldn't assume, but I think it's fair to say he shouldn't have a problem booking something else on a Saturday night. The contract says 5:30pm-10pm.

Are we entitled to a deposit refund? I'm thinking it's a no, but my gut says there should be some sort of compromise. Especially if he books another gig same day. Am I right? 

I'm totally OK to eat crow and be wrong, but if I am indeed right - I want my money back. 

Thanks in advance for your time reading this! 

HisGirlFriday13

jhawkins313 said:

Hello,

My fiance and I put a $100 deposit on a DJ back in October of 2013. We have a half-as'ed contract sort of. 

The original deposit was supposed to be $300, but he let us make $100 each month until the deposit was fully paid. Only until then would our date be held. 

Anyway, we decided to elope. I emailed and told him this twice since January. I have heard nothing from him about it. 

Our wedding is in October, a Saturday - I am sure he can re-book. Well, I shouldn't assume, but I think it's fair to say he shouldn't have a problem booking something else on a Saturday night. The contract says 5:30pm-10pm.

Are we entitled to a deposit refund? I'm thinking it's a no, but my gut says there should be some sort of compromise. Especially if he books another gig same day. Am I right? 

I'm totally OK to eat crow and be wrong, but if I am indeed right - I want my money back. 

Thanks in advance for your time reading this! 

You're probably not, no. What are the terms of your contract? There's usually a clause in there about non-refundable deposits, even if the vendor manages to re-book the day.

You said you put down $100, and were going to pay $100 a month until the deposit was fully paid, so that would have been another two months. How much did you actually pay before you eloped and decided you no longer needed his services?

I'd read the terms of your contract, but my guess is that you're not entitled to any refund, sorry.

LondonLisa

What does your contract say about cancellations?

If you haven't heard anything from him and you don't have anything in your contract about cancelling, I doubt you would get your $100 back. It would cost more to go to small claims court and if it was a non-refundable deposit, you really don't have much legal recourse. The point of a deposit is to hold a date and have him turn down other business, so they are often non-refundable. 

And, honestly, if it was a $300 deposit, and he already did you a favour by allowing you to pay in installments so you only paid $100, that seems like you actually received a compromise by not having to pay the remaining $200.

Try calling him on the phone and talking to him about it, but it seems like he was very generous to you and $100 is a very reasonable contract breaking fee.

happywiggle

HisGirlFriday13 said:

jhawkins313 said:

Hello,

My fiance and I put a $100 deposit on a DJ back in October of 2013. We have a half-as'ed contract sort of. 

The original deposit was supposed to be $300, but he let us make $100 each month until the deposit was fully paid. Only until then would our date be held. 

Anyway, we decided to elope. I emailed and told him this twice since January. I have heard nothing from him about it. 

Our wedding is in October, a Saturday - I am sure he can re-book. Well, I shouldn't assume, but I think it's fair to say he shouldn't have a problem booking something else on a Saturday night. The contract says 5:30pm-10pm.

Are we entitled to a deposit refund? I'm thinking it's a no, but my gut says there should be some sort of compromise. Especially if he books another gig same day. Am I right? 

I'm totally OK to eat crow and be wrong, but if I am indeed right - I want my money back. 

Thanks in advance for your time reading this! 

You're probably not, no. What are the terms of your contract? There's usually a clause in there about non-refundable deposits, even if the vendor manages to re-book the day.

You said you put down $100, and were going to pay $100 a month until the deposit was fully paid, so that would have been another two months. How much did you actually pay before you eloped and decided you no longer needed his services?

I'd read the terms of your contract, but my guess is that you're not entitled to any refund, sorry.

^^This. Every contract I've signed says my deposits will be forfeited if we back out, and it's dependent on how far we are from the wedding on if we still owe a portion of the promised cost. Venue would require the full projected value if it's less than 6 months from the wedding (I think that's the time frame, might be 3 months), half the price for the photographer, I forfeit the entire price for my dress, etc. The only way we get the full money back is if they back out and not us. It does not matter if they rebook for that date or not.

Edit: I forgot, each contract does have a stipulation that if something outside of our control (accident, death, etc.) and we cant have the wedding on our scheduled date, we will get the deposits back in full.

grumbledore

It depends entirely on what you signed.  If the contract says that the deposit is non-refundable, you're SOL.  If it doesn't mention it, then you have wiggle room.  If it says it is refundable, then you are entitled to it.

Read your contract.  And if it says it's non-refundable, I would probably reach out to him and see if he'd be willing to refund it in the event that he does book a gig for that night.

grumbledore

If you haven't paid the full deposit to book the date, can you use him for a different event and apply the deposit to that?  Just a thought.

ashleyep

I think one of my contracts (for my venue maybe?) says we can get our deposit back if they book another wedding for our date, but it also has to be a certain number of months out from the wedding still. 

It honestly depends what your contract says. But since you only paid a $100 deposit instead of $300, it's unlikely.

jhawkins313

You're probably not, no. What are the terms of your contract? There's usually a clause in there about non-refundable deposits, even if the vendor manages to re-book the day.

You said you put down $100, and were going to pay $100 a month until the deposit was fully paid, so that would have been another two months. How much did you actually pay before you eloped and decided you no longer needed his services?

I'd read the terms of your contract, but my guess is that you're not entitled to any refund, sorry.

^^This. Every contract I've signed says my deposits will be forfeited if we back out, and it's dependent on how far we are from the wedding on if we still owe a portion of the promised cost. Venue would require the full projected value if it's less than 6 months from the wedding (I think that's the time frame, might be 3 months), half the price for the photographer, I forfeit the entire price for my dress, etc. The only way we get the full money back is if they back out and not us. It does not matter if they rebook for that date or not.

Edit: I forgot, each contract does have a stipulation that if something outside of our control (accident, death, etc.) and we cant have the wedding on our scheduled date, we will get the deposits back in full.

I dug out the contract and this is almost exactly what it says. It was super nice of him to work with us this way, absolutely. 

I just wanted to double check, $100 is $100 - as far as I am concerned he got it for nothing, the date was NEVER booked. It has always been opened. 

I / we could go on and on, about who is rude about it and what a tightwad I am being, and how unappreciative I am - but there' a contract and that's that. 

A simple email saying, "Nope, sorry, you signed the contract that says it is forfeited. Sorry it didn't work out." But as soon as I handed the guy money his communication went to daily calls begging for business, to me being nonexistent. So, I am a little miffed. 

Sorry for the rant ladies! And thank you for the advice. 

jhawkins313

So sorry about that awful post up there. It's confusing. Here is my response, much more easily read:

I dug out the contract and this is almost exactly what it says. It was super nice of him to work with us this way, absolutely. 

I just wanted to double check, $100 is $100 - as far as I am concerned he got it for nothing, the date was NEVER booked. It has always been opened. 

I / we could go on and on, about who is rude about it and what a tightwad I am being, and how unappreciative I am - but there' a contract and that's that. 

A simple email saying, "Nope, sorry, you signed the contract that says it is forfeited. Sorry it didn't work out." But as soon as I handed the guy money his communication went to daily calls begging for business, to me being nonexistent. So, I am a little miffed. 

Sorry for the rant ladies! And thank you for the advice. 

RebeccaFlower

I think you need to let it go since you changed your plans and they are not unforeseen circumstances. 

phira

jhawkins313 said:

So sorry about that awful post up there. It's confusing. Here is my response, much more easily read:

I dug out the contract and this is almost exactly what it says. It was super nice of him to work with us this way, absolutely. 

I just wanted to double check, $100 is $100 - as far as I am concerned he got it for nothing, the date was NEVER booked. It has always been opened. 

I / we could go on and on, about who is rude about it and what a tightwad I am being, and how unappreciative I am - but there' a contract and that's that. 

A simple email saying, "Nope, sorry, you signed the contract that says it is forfeited. Sorry it didn't work out." But as soon as I handed the guy money his communication went to daily calls begging for business, to me being nonexistent. So, I am a little miffed. 

Sorry for the rant ladies! And thank you for the advice. 

So, I'm not exactly surprised he's been MIA in terms of returning your calls. You are no longer going to be doing business with him, so you're a very low priority right now.

You're not entitled to your deposit back just because the date wasn't completely booked. It sounds like the contract isn't super clear about those circumstances, but the thing with deposits is that they're often non-refundable.

Obviously, there's no harm in asking if you can have your deposit back, but if the photographer says no, then I'd consider that $100 the tax you pay for eloping (which is far, far cheaper than paying for the full wedding as originally intended).

Maggie0829

Am I the only one who would have been freaking the fuck out for 3 months while I paid increments of my deposit in the hope that no one else booked the DJ for my wedding date?  That was a huge ass risk to take.

Anyways, of course calls slow down once you start or fully book a vendor.  They have your business so they no longer really need to keep in daily contact.  You can be miffed all you want but you paid a deposit (regardless if it was a third of the necessary deposit or not) so you are most likely not entitled to it back.  Cut your losses and move on.

jhawkins313

Yes I freaked the fuck out the entire time. Never once was I able to get in touch with him - by email or phone - so there was no way in HELL I was going to send him yet another $100 money order, then another, and another . . . 

It was cool of him to let me do the deposit that way, but when someone is ignoring you for a receipt, would you keep sending them money? 

So, I think I am entitled to my money back, yes. I understand they weren't unforeseen circumstances.

I will email him once more, and if nothing else give him a bad communication review. 

Maggie0829

But again, you can feel entitled all you want but that doesn't mean you will get your money back. Just be prepared for that.

phira

jhawkins313 said:

Yes I freaked the fuck out the entire time. Never once was I able to get in touch with him - by email or phone - so there was no way in HELL I was going to send him yet another $100 money order, then another, and another . . . 

It was cool of him to let me do the deposit that way, but when someone is ignoring you for a receipt, would you keep sending them money? 

So, I think I am entitled to my money back, yes. I understand they weren't unforeseen circumstances.

I will email him once more, and if nothing else give him a bad communication review. 

I mean, you've made it clear that you think he should give you the money back, but the thing is, your contract doesn't protect you. So you're not actually, legitimately, legally entitled to your money back.

I'm not saying that he was an amazing vendor. I certainly wouldn't be giving someone additional money if they didn't get back in touch with me. But wanting your money back and feeling like he was a bad vendor =/= entitled to your money back.

sofakingmad

I see nothing wrong with asking about it, because who knows.  He might give it back.

But I do feel that it's a lost cause and you are probably not going to see that $100 again.

jhawkins313

I feel like you are all right. I'm not entitled, it won't hurt to ask, I have already kissed it goodbye - but I at the very least have to give it a shot. 

Would I be wrong to give him a bad review somewhere? I found him at a bridal show. A super fancy snobby one at that. 

I won't be inflammatory, just truthful.

Maggie0829

I mean the only thing you can really say is that he is almost impossible to get a hold of.  Other then that I am not sure what else you can say you didn't use his services.

sofakingmad

jhawkins313 said:

I feel like you are all right. I'm not entitled, it won't hurt to ask, I have already kissed it goodbye - but I at the very least have to give it a shot. 

Would I be wrong to give him a bad review somewhere? I found him at a bridal show. A super fancy snobby one at that. 

I won't be inflammatory, just truthful.

Besides not getting back to you, what did he do wrong?  

I guess you can write a review about him not responding, but you didn't use his services, so you should be very clear about that in the review.  Also, he kind of did you a favor by allowing you to make deposits on the deposit, even though the date wasn't set regardless.

I dunno.  I feel like you as a consumer didn't really do your part.  You didn't give the full amount to hold the date and you changed your plans completely and cancelled on him.  

jhawkins313

We had a deal via email and written on a contract. 

It said I would pay him $100 in October (I made that payment), November, and December for a $300 total to hold the date, and he would provide a receipt each time. He did not. I emailed him two weeks after mailing the first money order and never got a response. It has been cashed, I inquired about it through the money order company.

After not hearing from him or getting proof of payment, I certainly wasn't going to send him another payment. I emailed him each month asking for a receipt - in November and December. 

In January our plans changed and once again I emailed him immediately that I no longer needed services. At that point I already figured I wasn't getting services anyhow. . . I haven't spoken with him since October 2013. 

jhawkins313

And to be clear: HE called me every other day trying to book me. I told him I didn't have the full deposit - he proposed the payment arrangements, not me.He hounded me by phone and email. Then he gets $100 and nothing? 

sofakingmad

jhawkins313 said:

And to be clear: HE called me every other day trying to book me. I told him I didn't have the full deposit - he proposed the payment arrangements, not me.He hounded me by phone and email. Then he gets $100 and nothing? 

But that is all a moot point considering you changed your plans.  Deposits are typically used as insurance in the event that you cancel on him, regardless of if he can re-book or not.   

Also, why did you not just pay the full amount to hold the date.  You can't be mad about changing his policy and him not complying with your every wish.  

Personally, I would send an email requesting a refund and then be done with it.

I would tread lightly on giving him a bad review over this though because I would be concerned with slander.  

Hisprinc3ss

I would say unless you signed a contract, you should be able to get your money back.

jhawkins313

How is giving a bad review saying the man does not communicate constitute slander? Slander is making an untrue statement and tarnishing their name, and costing them business. 
He didn't communicate with me, that is not an untrue statement. 
??

I wasn't asking for him to cater to 'my every wish', I was asking for a receipt (that he said he would send btw) of my hard earned money. You quoted my post, what part of it did you not understand about WHY I didn't pay the full deposit? I flat out told him I didn't have the full amount. He proposed the arrangement. I'm not mad about changing his policy. I never asked him for shit. I didn't change his policy - HE DID! I explained it in the post that you quoted! 
???

I'm not the only one who agreed to the terms - he did too, he did not hold up to his end. He proposed the entire thing! I held up to mine. As I said, HE proposed the staggered deposit because I told him I didn't have $300 right away. He wanted my business so badly - so HE proposed I send him a money order each month. HE said he'd send a receipt after each payment, so on and so forth. He NEVER sent a receipt, and he never sent me back a signed contract. I signed it, and he never returned it to me with his signature. 

Not sure how he doesn't deserve a bad review for never contacting me or sending me a receipt or a copy of the contract. . . . . . or why you would mention slander.

sofakingmad

I'm just saying telling you to make sure to be very clear that your bad review has nothing to do with his actual DJing.  It has to do with your communication with him.  

Inkdancer

jhawkins313 said:

How is giving a bad review saying the man does not communicate constitute slander? Slander is making an untrue statement and tarnishing their name, and costing them business. 
He didn't communicate with me, that is not an untrue statement. 
??

I wasn't asking for him to cater to 'my every wish', I was asking for a receipt (that he said he would send btw) of my hard earned money. You quoted my post, what part of it did you not understand about WHY I didn't pay the full deposit? I flat out told him I didn't have the full amount. He proposed the arrangement. I'm not mad about changing his policy. I never asked him for shit. I didn't change his policy - HE DID! I explained it in the post that you quoted! 
???

I'm not the only one who agreed to the terms - he did too, he did not hold up to his end. He proposed the entire thing! I held up to mine. As I said, HE proposed the staggered deposit because I told him I didn't have $300 right away. He wanted my business so badly - so HE proposed I send him a money order each month. HE said he'd send a receipt after each payment, so on and so forth. He NEVER sent a receipt, and he never sent me back a signed contract. I signed it, and he never returned it to me with his signature. 

Not sure how he doesn't deserve a bad review for never contacting me or sending me a receipt or a copy of the contract. . . . . . or why you would mention slander.

If you didn't hire him and leave a bad review, he can try to sue for slander. It isn't necessarily true, but he can try.

jhawkins313

OK. He can try to waste his money. Suing for slander is a complete joke an any reputable attorney will laugh him off of the phone. Just saying. 

And it would be considered libel - anything printed is libel. Oral statements are slander. 

Opinions are subjective, it cannot be proved as being false. It's my opinion he is a poor communicator.

So I would pay anyone my yearly salary if I ever got a libel suit served to me. Cross my heart. 

jhawkins313

No there was no DJ'ing involved. Just a horrible businessman. 

jhawkins313

It fact, it's of my opinion he would have been a super kick ass DJ.

phira

When we were looking up reviews for the venue that we ended up selecting, I was really upset to find it had 2/5 stars on Yelp (it was very highly reviewed everywhere else). Since another venue owned by the same people had 5 star reviews on Yelp, I was confused, so I read ALL the reviews.

The majority of the bad reviews were 1-star reviews, and every 1-star review ... was from someone who, in the review, admitted to not using the venue. One person gave the venue a 1-star review because they had stopped by without an appointment to look at the venue for a friend, and the venue turned him away because he didn't have an appointment. Another person gave the venue a 1-star review because--relevant to this thread--they did not return her non-refundable deposit after she decided to cancel her wedding. The venue, which is well reviewed everywhere else (and is frequently Best of TheKnot), is not hurting for business, but I've heard of vendors suing reviewers for similar reviews.

The thing is, here's a helpful review:

"We originally got in touch with Larry to photograph our wedding. We ended up paying part of the deposit before changing our minds and deciding to elope instead, so we did not end up needing his services. We do love his photography, which is why we originally paid part of the deposit, and we liked his flexible deposit payments. However, he was difficult to get in touch with. Before we changed our plans, we had tried to get in touch with him to pay more of the deposit, and we never heard back from him. Your experience may vary, but if we were to use his services again, we'd want a more extensive and clear contract, since we weren't sure what we could do when we couldn't get in touch with him."

This is not a helpful review:

"Larry is awful! Do NOT use him for your wedding. Paying part of our deposit was the worst decision we ever made. The first payment didn't even book him for the wedding, and then he NEVER replied to us or paid us the deposit back."

KatWAG

I dont understand why you would write him a bad review. I think its perfectly normal for a vendor to call several times while trying to secure a client. It also sounds like he was over accommodating by allowing you to split up your deposit. The wedding you were originally planning isnt until October. So if it were me, I wouldnt plan to talk to him again until late August at the earliest.

It seems like you are getting really worked up over $100. You made the adult decison to elope. Your decision had consequences, like loosing your deposit.