Holiday dispute

HardSpend

Hi looking for some consumer / legal advice prior to small claims.

My friends mum paid for a holiday in April. I then immediately transferred my portion of the cost to my friends dad's account. The holiday was booked for 25th July.

On June 8th for reasons I don't think are important we mutually agreed that it would be fine for another person to take my place. If no person was found then I would still go as canceling my place on the holiday would actually cost more money (due to single room occupancy). We did not speak at all until yesterday 21st July. I never heard back from my friend about whether someone else was going and upon checking with the travel company on 18th July (one week before the holiday) I was still down for traveling much to my surprise. I still did not contact my friend.

Two days later 21st July I checked again with travel agent (FlyGlobeSpan) and found the name had just been changed the previous day. I thought that is fine even though I was not happy about not even being told about it. So I phoned my friend to ask about getting the money back and was told
"you said you were not going so rather than me having to pay the cancellation fee I got someone else to go with me, therefore you aren't getting any money back". A few minutes later they (I was on speaker to whole family..) agreed I could get "a couple of hundred quid back after the holiday, they would phone me"

I was stunned by how unfair this is and because I said I would still go if nobody else was found. Surely the person taking my place should pay 100% of the cost I paid before the holiday. I am effectively paying for someone else to go on holiday. I was expecting this to be a straightforward transfer of money back to my account.

I have told my friend via text that it is not fair and I have a right to all of my money back. No response for 12 hours. Since then I have told them if I don't get my money back (less the £50 name change cost) by the day before the holiday I will be compelled so take the mater to small claims court the following week.

Do you think I have a case? The total holiday cost is around £550. I would claim the total cost of the holiday possibly less the name change fee but plus the cost of the court (£65).

pinkshoes

The person that is taking your place should pay 100% of the price you paid, minus whatever the admin cost was to change the name over.

You tell your "friend" that:

a) They either pay you £550 less admin name change fee, or
b) They put your name back on the holiday and you're going.

If they refuse, you have the option of small claims court to get your money back, but need to work out what is more important - the money or the friend. Saying that, they don't sound like much of a friend...

LinasPilibaitisisbatman

pinkshoes wrote: »

The person that is taking your place should pay 100% of the price you paid, minus whatever the admin cost was to change the name over.

You tell your "friend" that:

a) They either pay you £550 less admin name change fee, or
b) They put your name back on the holiday and you're going.

If they refuse, you have the option of small claims court to get your money back, but need to work out what is more important - the money or the friend. Saying that, they don't sound like much of a friend...

Is it even that simple in law?

I have my doubts.

A very complex problem and set of multiple potential contracts.

HardSpend

Thanks pinkshoes, so far I am confident I am in the right. I spoke to citizen's advice today and they said I should set a timescale for when they should pay me back to make it sound like you are being reasonable before going straight to court. This is what I did, around 48 hours which is one day before holiday. The evidence is a text message, I hope this is satisfactory.

The friendship is not important at all anymore.

Linas what doubts do you have? I want to be aware of any possible comebacks. The evidence I have is
1. Bank statement showing transfer of money to my friends dad's account.
2. Booking reference with my name on it. This was a ticketless holiday, just a piece of paper with flight times, costs, hotel, passenger name and booking reference.
3. Text message showing I have tried to get my money back within a timescale without having to go straight to court.

I don't have any evidence the name has actually been changed, I only know this because Flyglobespan told me over phone and my friend has verbally acknowledged it. I don't think this is an issue as I'm confident they won't try and deny it, surely..

The statement my friend claims i.e. "you said you did not want to go so I had to find someone else or I would end up paying a cancellation" is false however it is just my word. My friend says I told them this verbally and it was on speaker phone to my friend plus their mum. Even if this was true I still think that it is meaningless because it has not been canceled and someone is going in my place.

I plan to complete the small claims form next week if I don't get my money back. The defender will be 3 people. My friend and their mum + dad. It would not involve the person who is going in my place (I don't even know who this is).

pinkshoes

LinasPilibaitisisbatman wrote: »

Is it even that simple in law?

I have my doubts.

A very complex problem and set of multiple potential contracts.

It is an odd one, but on the basis that the reason for pulling out was probably due to money (as they said they could go if they couldn't get a replacement...), then if they were only going to get £200 back instead of almost £550, it would have been more sense to go on the holiday.

Your friend wouldn't have paid anything if you didn't go, as that wasn't an option you agreed to. It was either YOU go, or someone else went, not no one went...

I don't think a text message is sufficient.

I think you should write them a letter and deliver it by hand, stating that either they pay you back £500 (or whatever cost minus admin fee to change name is), or you will take the advice of the Citizens Advice Bureau and them to the small claims court to get the money back, in which case they will then end up paying the court fees too.

Good luck, and pick your friends more wisely in future!

hollydays

Great posts as usual from pinkshoes.

HardSpend

The reason for pulling out was not due to money.

Here it is though, didn't put it earlier because I don't think it matters to the case. I was dating (very casual) my friend although it was not serious. I had known my friend for less than one month and had agreed to take my friends other friend place as they could no longer go. My friends other friend however had not paid anything (only payment so far was the deposit by my friends mum so it was just the £50 name change they had to pay, whether they did or not I have no idea). By end of May my friend made it clear relationship wise nothing was going to happen and had actually started seeing someone else (we really did hardly see each other) but said it was still ok to go as friends together. I agreed we could still go as friends but why doesn't my friend just ask their new partner to go with and pay me back my money, I provided my bank details at this time to transfer my money back. My friend said they would ask their partner but if they did not want to come I would still go. Not a problem. This all happened on June 8th. We did not speak again until yesterday, July 21st, as per my original post.

As you say the options were I go or someone else went in my place.

Cancellation would end up costing more money therefore wasn't even considered (although they claim I said it was which is ridiculous, cancellation fee was almost £200 so I would end up paying my £550 and another £200 to cancel!).

If I hand delivery a letter I will need to take a witness because where will the proof be that they even received it. Is that correct? Even if I take a witness I does this matter, they could say my witness would say anything on my side anyway.

iamana1ias

Don't deliver the letter by hand. Send it recorded delivery and you can prove it arrived

pinkshoes

I suggested hand delivering it, as time is not on your side.

Either knock on the door and physically hand them the letter, or get a witness to film you posting the letter through the door.

Cancelling would be crazy, as it would have been just cheaper for you not to go.

Have you phoned the holiday company, and confirmed 100% that you are no longer booked, and someone else is booked in your place? Also ask them how much it will cost to change over a name, as normally it's not too expensive.

HardSpend

The holiday company has confirmed it 100% over the phone that someone else has been booked in my place and the cost to change the name was £50. My friend's mum must have paid this.

Debt_Free_Chick

I don't think that demanding payment the day before they are due to leave the country is reasonable. I think you need to allow 7 days after the day they return.