Friend doesnt want to go on holiday....

pendulum

I feel that cancelling was a bad idea. You both had a falling out, she wanted to cancel it, and you agreed to cancel it by actually contacting the holiday company and cancelling. I can see her arguing that there was a mutual agreement to cancel (she didn't want to go with you; you didn't want to go alone) and that she should be entitled to half of the £400 refund.

If you had not have cancelled, you'd have had a much stronger case because then it's pretty much down to her to take the holiday she agreed to take or forfeit it. You did not have to cancel your holiday that you paid for, and lose money, just because she changed her mind about going, but you chose to.

Hoopylass

pendulum wrote: »

If you had not have cancelled, you'd have had a much stronger case because then it's pretty much down to her to take the holiday she agreed to take or forfeit it. You did not have to cancel your holiday that you paid for, and lose money, just because she changed her mind about going, but you chose to.

I can see your point however I was not prepared to lose all my money just because she changed her mind, I felt that some refund was better than nothing.

Contacted the CAB and they advise to send a letter stating that the holiday has been cancelled and if there is a refund then a share will be paid to her.

They say its a case of call her bluff...she may take me to court or not. I really have no idea.

pendulum

I agree with the CAB advice to share the refunded amount with her. It will probably have to be 50/50 as you both mutually agreed to cancel in the end. I say she's got no chance of successfully claiming any more than that. Sharing the refunded amount 50/50 is reasonable and should be the end of the matter and you should be able to draw a line under it.

If she tries to take you to court for a full refund of her £400 then she's virtually certain to lose and you shouldn't sweat it.

Hoopylass

more complications....after speaking to her sister i now have reason to belive that she is going to make a fraudulant claim on her insurance by getting a sick line from her doctor.
I cancelled the holiday today but received an email stating that they needed me to confirm that i accept that charges, i replied but they will have received this after the closed.
Basically because the email was dated today but the cancellation not activated would her claim stand?
I am not giving her half the refund if she gets it all back from the insurance.

sarahg1969

Hoopylass wrote: »

more complications....after speaking to her sister i now have reason to belive that she is going to make a fraudulant claim on her insurance by getting a sick line from her doctor.
I cancelled the holiday today but received an email stating that they needed me to confirm that i accept that charges, i replied but they will have received this after the closed.
Basically because the email was dated today but the cancellation not activated would her claim stand?
I am not giving her half the refund if she gets it all back from the insurance.

The insurers will look into any claim, and if they find that the holiday had already been cancelled for other reasons before she makes the claim, then they won't pay it.

Is she insured with the same insurers as you? You could forewarn them, if you are feeling really miffed at her.

Pollycat

Hoopylass wrote: »

more complications....after speaking to her sister i now have reason to belive that she is going to make a fraudulant claim on her insurance by getting a sick line from her doctor.
I cancelled the holiday today but received an email stating that they needed me to confirm that i accept that charges, i replied but they will have received this after the closed.
Basically because the email was dated today but the cancellation not activated would her claim stand?
I am not giving her half the refund if she gets it all back from the insurance.

How is she going to get a sick note for w/c 26th September before your email agreeing to the charges is received?
Does she really have a pet doctor who is willing to sign a sick note?

sarahg1969 wrote: »

The insurers will look into any claim, and if they find that the holiday had already been cancelled for other reasons before she makes the claim, then they won't pay it.

Is she insured with the same insurers as you? You could forewarn them, if you are feeling really miffed at her.

If she does make a claim, I hope the insurers find out and take proceedings against her for attempting to make a fraudulant claim.

davemorton

Although I dont agree with her making a fraudulent claim to get all the money back, I cant see why you would not give her half back if she does manage to get a full refund? Any reason why not?

Smiley82

I think by cancelling the holiday, you have significantly impacted your ability to not refund her half of the money you receive.

She chose not to go on holiday and cancelled. But by you cancelling as well, you also chose (albeit not willingly) to not go on holiday.

You could have gone on holiday, and she would have lost her half, with no right to reclaim (after all, she could always have gone? That's how I believe it would be seen anyway). But by cancelling, it's now a case of two people deciding not to go, and any refund should be shared between the two.

I know this doesn't sound fair, as after all, you weren't the one who initially cancelled, but ultimately, I think this is how it would be perceived if it went as far as small claims court.

As for the dodgy insurance claim.....maybe you should send her the newspaper article about the two british students in Brazil who got locked up for 5 days and are about to be sentenced for insurance fraud......might change her mind!!!

Mark_Hewitt

All too common a story! You book and pay for something on behalf of a friend, and then they think better of it and expect you to foot the cost of their change of mind.

Zazen999

Hoopylass wrote: »

more complications....after speaking to her sister i now have reason to belive that she is going to make a fraudulant claim on her insurance by getting a sick line from her doctor.
I cancelled the holiday today but received an email stating that they needed me to confirm that i accept that charges, i replied but they will have received this after the closed.
Basically because the email was dated today but the cancellation not activated would her claim stand?
I am not giving her half the refund if she gets it all back from the insurance.

Personally.....
I'd just let them know that I had concerns about the cancellation date and my fears that she is going to file a fraudulent claim; and thereby removing myself from any association with this fraudulent claim. And keep the refund as I was £400 out of pocket - but keep half of it tucked away just in case she tries to take me to court over it.