Reclaiming advance payment after cancelled appointments?

Questioner

We had accepted a quote from a handyman company that would fell a tree for us. We had to pay 750 euros in advance. We did this, but they terminated the contract after three cancelled appointment dates. This was 5 weeks ago. They refunded 100 euros, stating that they would refund 100 euros per month, because otherwise the accountant would not be able to book it. This is of course nonsense. I want that amount to be paid back at once, but I can't get in touch with them. Not by phone and not by email. What can I do about this?

Lawyer

Getting a deposit back can be a challenge depending on several factors such as the specific terms of the agreement you signed, the type of product or service the deposit was paid for, and the general practices of the party to whom the money was paid. To properly address this issue, it is essential to take a careful and methodical approach. First, consult the initial agreement or purchase agreement governing the deposit. This should set out the terms and conditions under which a deposit can be returned. If the agreement states that the deposit is refundable under certain circumstances, you will need to be able to demonstrate that these circumstances occurred. If the agreement states that the deposit is non-refundable, the case is more complex, but not hopeless. Secondly, you need to be able to demonstrate that you have met your obligations, and if not, that this is due to circumstances beyond your control. Documentation and evidence are key in this situation. For example, if it is a service contract, make sure you can demonstrate that you tried to use the service but it was not available. Next, you need to proactively communicate with the other party. Approach them and explain the situation. To maximize your chances of success, try to explain that returning the deposit is in their best interest. This could be because it would enhance their reputation, help with future business relationships, or prevent legal complications. If this doesn’t work, you may need to take legal action. While this should be a last resort due to the cost and complexity, it may be a necessary step to get your money back. In certain circumstances, you may also be able to seek the help of a dispute resolution agency, consumer association or other third party to resolve an issue. Remember that in all situations, whether you owe a little or a lot of money, it is wise to seek advice from a legal expert. Even if you ultimately choose to take legal action, it is important to consult a qualified specialist. This will give you a clear overview of your options and help you navigate the often complicated legal aspects of such disputes.