Claiming back deposit from NI

markod

Registered User
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Back in October 2007 we paid a 1000 euro holding deposit on a used boat to a well-known broker in Northern Ireland. The deposit was paid on the basis that if for any reason we did not complete the purchase e.g. if the boat did not pass the survey or we could not arrange finance, then the deposit would be fully refunded.

In the end we could not complete the purchase the boat and requested the return of our deposit. The broker has never disputed that we are owed the 1000 euro back but we have never received the funds, despite multiple assurances that a cheque has been posted.

After getting fed up calling, I have recently written to him formally requesting return of the funds. However, if this doesn't work can I use the Small Claims Court, or will this not work across the different jurisdictions? Do I have to use the courts in NI?

Grateful for any advice. Thanks.
 
If he is conducting his business in NI and all your dealings were with him there then you would have to take legal action there.
 
Try to get something from him in writing/email indicating that he accepts that the deposit was agreed as refundable, then start proceedings in the NI Small Claims Court.
 
Many thanks for clarifying the situation over which small claims court to use.
 
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