Holiday dispute

poet123

The problem is you may believe that no one would just walk away from a holiday and lose their money. The reality is different, many relationships break down and people walk away losing much more than the cost of a holiday.

It is feasible that you could just have said you were not going, thinking the friend would also cancel as they would not go alone, and that when you saw someone else ( "a new friend") had gone in your place decided to sue. I am not suggesting this is the case, but merely pointing put that it is not an unlikely or unknown scenario, so you should not hope that the judge will not see it as a real possibility.

As you say, it will come down to who is the most credible witness.

HardSpend

It's not that I don't believe it's possible it's just that I think it is completely unreasonable to suggest I would agree to pay in full for a holiday then agree someone else I don't even know to takes my place without paying a penny!

I wish I took a tape recorder with me!

poet123

I have to disagree, it is not unreasonable to suggest this could happen, and I think you will be at a disadvantage if you take the POV that it is unreasonable. Better that you acknowledge that it is reasonable, but it is not what happened in your case.

HardSpend

It was the second hearing today, defender failed to turn up so I won, I think I need to write a letter now asking them to give me the money..

hjb123

thanks for the update, had forgotton about this thread but had subscribed to it to find out how you went on:D Hope you get the money back soon

poet123

HardSpend wrote: »

It was the second hearing today, defender failed to turn up so I won, I think I need to write a letter now asking them to give me the money..

The court will send the letter, you don't need to worry:D

HardSpend

yea thanks, I think it's up to me to chase it up if they (or likely when they) don't pay up!

poet123

HardSpend wrote: »

yea thanks, I think it's up to me to chase it up if they (or likely when they) don't pay up!

No, if they don't pay( or fail to pay the correct amount) by the specified date, you contact the court and they serve more papers on them with a penalty.

HardSpend

in case anyone is wondering..

I wrote to defender around mid Feb (2 weeks after hearing) asking him to pay and sent copy of court order, said if I didn't get payment in 2 weeks I would have to pay for the expense of employing a sheriff officer

waited about 8-10 weeks still nothing received

contacted sheriff officer 6th May and had to pay them around £33 to issue an execution of charge (letter to defender asking them to pay)

The sheriff officer delivered the letter personally and met the defender who told them he will be lodging a minute of recall

I have now received a letter from the court saying I need to go back in two weeks. He wrote on his recall form his reason for not attending was that he didn't know when the second hearing was (we both got told time/date for second hearing in first hearing)

gemmy26wales

awww love you xx i have just read up about your almost holiday from hell!!

good on you for not letting this drop! too many bad people out there at the moment xxx