Say to give a cancellation deposit but don t refund it for a long time? 5

Deposit,,When it was first written,Is it "fixed" or "ordered",,The difference is 2113.。。

Secondly, is this promise verbal or written, or do you have a recording, or is it actually evidence?

Also, what is the reason for your refund? 5261？Is it the other person's fault or your own?

If you have "deposit" money, then it is your own reason to ask for a refund of 4102, it is difficult to sue in your favor, if you have evidence to prove that the other party clearly promised you a refund, then 1653 is very beneficial to you, and it will play a certain role in your victory. If it is the other party's reason that you ask for a refund, then congratulations on winning the lottery, you will definitely win the lawsuit, and you can also ask for a refund of the deposit. (This regulation may be local, I don't know if you are **, like our Zhejiang Province, this one refund and three compensations are normal, and there are many cases of winning lawsuits).

If you have a "deposit", from a legal point of view, this is not counted, and you can ask for a refund. Your win is huge.

Directly to the merchant to ask, just say not to buy, the receipt can prove that the merchant is given money, if the merchant does not return to the relevant departments to complain, **, consumer association and the like.

In fact, the best thing to do is to ask for help!

Legal analysis: If the deposit is not refunded, the two parties can negotiate to return the rent, and if the negotiation fails, they can file a lawsuit with the court. According to the Civil Procedure Law of the People's Republic of China, a lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Legal Analysis: It is non-refundable. After the deposit is paid, it depends on which party breaches the contract, if the other party constitutes a breach of contract, it can claim to return the deposit twice, and if it is a breach of contract by the party that has infiltrated the town, the other party has the right to confiscate the deposit.

The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

Legal basis: Civil Code of the People's Republic of China

Article 585: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

Where it is agreed that the liquidated damages for shouting celebration are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 586:The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Article 587:Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

The method of non-refundable deposit: the parties can negotiate to deal with it. If the negotiation fails, a lawsuit may be filed with the Hubian Court. And the circumstances for the refund of the deposit are only: the party receiving the deposit does not perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract.

[Legal basis].

Article 586 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

Article 587.

If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party who pays the fixed amount fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Article 588.

If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract.

If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

1.It is non-refundable. After the deposit is paid, it depends on which party is in breach of contract, if the other party constitutes a breach of contract, you can claim to return the deposit twice, if it is a breach of contract on your own side, the other party has the right to confiscate the deposit.

2.The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.

3.If the party who pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

You can ask for a refund, the deposit does not have the nature of guarantee, just like the hotel to book a room, you can cancel the order if you don't like it when you book it online, and the money must be returned the same way. The current situation is recommended to be solved by a third party on the platform, and it is really not possible to call the police, and the victim and the person who was accused by Bi Fan Lu need to be present to solve the problem.

You can contact the customer service of Salted Fish first, let the customer service negotiate with the buyer, of course, you have to keep the evidence.

To get this thing right, we must first sort out our thinking.

Thinking determines the way out.

First of all, how is the deposit handed over, is it in Xianyu or outside Xianyu? When the deposit is paid, are the relevant chat screenshots and transfer records still in good condition? These are all very important evidence, and they are good evidence for him to be false to himself.

Chat history is important.

Secondly, is the amount of deposit required for the items to be traded large enough to meet the relevant standards? If the amount is large, it is advisable to seek the help of a professional, such as the police, etc. Shoot Jane.

Finally, what happened on the Xianyu platform, after the incident, did you take the initiative to communicate with the official customer service of the platform? You can actively seek help from the platform and strive to get a proper solution.

Find official customer service to solve the problem.

Past experience, if not forgotten, is a guide for the future.. Regardless of the final outcome of this matter, you should actively learn from it and protect your personal property.