Potential caterer not giving back our refundable deposit.

After you try to contact the caterer on your own, get in touch with the consumer reports team at the local news station

Have you forwarded the terms of the proposal to the caterer? Point out that it specifically says that you're entitled to a refund. You said that the caterer insisted that you didn't meet the conditions to get a refund - did they say what part you didn't meet? I would ask for clarification, and if it wasn't listed in the proposal terms that you have in writing, point out the conflict and argue your case. Especially if you have it in writing from them (maybe in an email or text?) that you can get a refund, forward that to them as well.

Unfortunately since nothing had been signed and you have no contract with them, there really isn't a whole lot you can do.


Yes they have a refundable deposit but when you don't have proof with a contract it's kind of up to them if they want to be a good business and give it back.
I hope the credit card company can get the money back for you. But please don't ever pay someone without having signed contracts with them.

View Quoted Comment I agree with this as well - without a signed contract, there isn't much that can be done other than argue your case and try to persuade them to give you your money back. I agree with Katie's suggestion - in the future, always sign a contract that clearly defines the terms and conditions before handing over any money.

View Quoted Comment Also I have made copies for myself of contracts and if the people we are doing business with didn't sign it I make them sign my copy before hand them the check. So if I ever had to take them to court at least their signature will be on the contract we agreed upon.

Unfortunately, since nothing was signed, he doesn’t have a legal obligation to return it. You kind of just gave him money (from a legal perspective).

View Quoted Comment

Yes, I did forward that same image to them. Their response was "we're done here guys. My attorney will be contacting you." But we have yet to hear from them.

The thing we're most confused about, is that it states in the proposal terms that a 50% REFUNDABLE deposit is due upon the time of accepting the proposal. Which is where we are at in the process. There was never a contract written up. Also, on the receipt of payment, it also states that the $2K is refundable.

We have a family friend attorney who is going to look into this for us. But we're hoping the credit card company gives us the money back. It's just disheartening as well as really crappy business since we were referred to them by someone.

Generally, if a vendor has standard terms and conditions that apply to bookings/proposals, you don’t need to have signed it for it to be binding. Think of it like the terms and conditions applicable to a car park - you entering the car park means you have accepted the terms and conditions, without signing any contract. If you have paid the deposit to the vendor subject to those terms, your payment constitutes acceptance (generally) notwithstanding the fact that you haven’t formally executed any documents.

This vendor sounds incredibly dodgy. Can you repost the image of the proposal terms? I can’t see the photo you posted.

As others have said, there's unfortunately not much you can do if there wasn't a signed contract. However, where did you discuss that the deposit would be refundable? If you have it in writing in an email that would help your case.

View Quoted Comment Sorry for the long reply


Does it mention anything about things that could break the terms?
I'm not saying you did just wondering how they think they could get away with it. Some crappy people think they can trick people with word of play (I believe that's how they refer to it as).
Plus if you have a receipt that says the 2k is refundable then I would say you have a good case on your hands. I'd tell them you are talking to a lawyer about this. And legit get a lawyer. Some crappy business people think that customers are to clueless to understand the legal aspects of doing business with companies. It is sad because companies like this do this all the time and they keep doing it because people don't think they have a case against them. These companies sometimes try using big lawyer words to make it seem like they know more than you, they use it as a method of intimidation. But if I was you I would keep fighting until you get your money. If you don't they will keep pulling this crap on more people.
I stupidly bought a dress online months before covid was even a thing. It seemed like a good website with good review, so I purchased the dress for $65. Well months go by and when I'd track the package it was always in the same spot. I would contact the company and they would give me the same run around over and over. I looked the company up on Facebook and found multiple people complaining about this company being a scam. After reading them I told the company I wanted my money back and they told me they couldn't give me my money until I got the dress and returned it. I told them that if they didn't give me the money I would go through PayPal and have them dispute the charges. They refused to give me my money so I went and had PayPal dispute the charges. Then a week later the company emailed me asking me to drop the dispute, I said I would if they sent my money back. They refused so I went forward with the dispute. Got my money back and 10 months later I got the dress that was absolutely nothing like it was supposed to be. Since they couldn't make it easy by giving me my money when I asked nicely I kept the dress and had my $65 back.

Earlier when I posted I thought you gave them money without any solid concrete proof.

He’s just blustering with the lawyer talk.
And you don’t have a signed contract because you didn’t enter into an actual contract, but that does not mean he can keep your money. Contract law is not just about signatures.
The proposal and receipt specify a refund - you are owed a refund. I suggest small claims court. You have two documents to provide. You can represent yourself. I would bet my lunch this guy does not have a lawyer - he’s counting on his bullying tactics to intimidate you. Also...leave reviews everywhere. State what happened, no exaggeration. He will likely contact you to return your money in exchange for taking down the reviews.

View Quoted Comment Yes I definitely agree. I see this happen with a lot of bad business.

UPDATE FOR EVERYONE:

We waited a day before calling the CC company to dispute, and the caterer ended up emailing my mom and saying that they will be issuing a refund. They obviously are not doing well, with COVID but that doesn't put them apart from any other business. Nor does it give them the reason to say the things that they said to my mom and I. Just a really upsetting situation, where they were trying to change the terms on us even though there was nothing that was in print that stated we couldn't break the proposal agreement.

I want to thank everyone for your input! It's nice to have a forum on here to talk with people on.

View Quoted Comment I’m so glad you got it figured out!