Fly Drive/Small claims court advice needed urgently

RufusHound

In November 2014 I booked a fly drive with 4 other people to America for October.

At the time, I was friends with those 4 other people. One of those other people took the place of lead passenger/booker on the fly drive. Between the 5 of us we paid the deposit and the remaining balance was split equally.
A few months ago the group fell out and split into 2. 3 people (including the lead passenger) on one "side" and me and a friend on the other. Once we arrive in America we have made plans as 2 groups and we are all in agreement the holiday is to continue but as 2 groups.
Yesterday I tried to log on to the booking to pay my remaining balance to find I had been locked out of it.
I contacted the lead passenger by text and she told me she had contacted the airline to ask them to look at either splitting or cancelling the booking which is why I couldn't access it.
If the booking is changed or cancelled the airline will obviously charge for this and if it's cancelled I may not get any of the money I have paid back at all.
I have told the lead passenger I do not consent to her cancelling or changing my flight and either losing or costing me money because they have decided they can't be on the same plane as me.

Am I right in thinking if she cancels the booking and I lose any/all of the money I have paid I can claim any of my losses against her in the small claims court as I have told her that I do not consent to her changing/cancelling the booking?

I have booking details, invoices, amounts paid to the airline from my bank account and a full paper trail of how much I have paid and when

Thank you in advance for any help/advice

DandelionPatrol

I suggest that you write a letter to the lead passenger and keep a copy of course.

State

• that you have paid £<how much> onto the website for your share of a booking in the names of <all 5>.
• that due to disagreement the party has now split
• that she has acknowledged that her intervention with the airline has locked you out of access to the booking
• that she has provided no indication whatsoever as to whether she has cancelled your booking or made alternative arrangements for your booking to continue

Demand a response within 14 days

• that she provides absolute clarity in writing as to the status of your booking
• that she advises how you can access your booking
• that she returns your funds immediately if she has cancelled your booking

Advise her if she does not provide clarity

• that you will proceed to make your own booking
• that you will seek to recover all funds paid into the present booking
• that you will seek to recover any extra you are charged for reinstating your holiday if she has indeed cancelled your bookings
• that you will take it to court if necessary

Now this is all a little bit nuclear - remember that you are the best judge of the situation and it may be that you could use the next 48 hours trying to clarify the issues with her, before popping the letter in the post.

If you do need to take it to court, you will need to send a 'Letter Before Action' first. Come back for advice on that.

RufusHound

Thank you for your advice.

She is currently saying whatever decision she makes if the airline charges or keeps a percentage of what we have paid that is down to the airlines cancellation/charges policy not her.
I have tried to make her understand that she is the decision maker and if she makes changes/cancels out booking against my wishes then I will hold her liable for any and all money I lose.

I can do this can't I?

pinkshoes

RufusHound wrote: »

Thank you for your advice.

She is currently saying whatever decision she makes if the airline charges or keeps a percentage of what we have paid that is down to the airlines cancellation/charges policy not her.
I have tried to make her understand that she is the decision maker and if she makes changes/cancels out booking against my wishes then I will hold her liable for any and all money I lose.

I can do this can't I?

Yes, but you need to write to her making it clear that you wish to go on the holiday and do NOT consent to it being cancelled.

Make it clear to her that if she does cancel, you will be expecting a refund in full of all monies you have paid.

hollydays

This does sound like a very difficult situation. If there are relationships involved even more so.

HHarry

As the others have said, get it down formally in writing and across to her as soon as possible, saying that you don't agree to a cancellation. If she chooses to cancel after this point, then it is her decision.

Whilst it isn't the best option if it does go to court, I'd be tempted to put it in an e-mail this weekend, or even hand deliver a copy, before getting a copy in todays post and obtaining a proof of postage (which is an acceptable proof of communication for the court).

Le_Kirk

There is the little matter of making changes to a booking on-line, where one has to tick the little box that states "I confirm I have the consent of all the passengers on this booking" before making any changes!!!

RufusHound

Thank you everyone for their help and advice I really appreciate it.

I have just spent the last couple of hours writing a letter to cover all of the points as mentioned above and I will be getting it in the post to get today (making sure I get proof of postage) and I will also be sending it by email

I will keep you all posted as to what happens - thank you

* The point about there being a box to tick saying all passengers have consented to changes to the booking makes a big difference to my claim as if she ticks this box after getting this letter from me it's a whole other legal issue

Caz3121

RufusHound wrote: »

she told me she had contacted the airline to ask them to look at either splitting or cancelling the booking which is why I couldn't access it.

Depending on how this is booked, if this is a flight booking on a scheduled airline for 5 people with one reference, it can be split into 2 bookings 1 x 2 and 1 x 3 which would not incur any charge and would then generate a second reference number for you to manage your own.
It may be more complex since there is a car involved but basically you want to be able to have your flights separated off assuming you still wish to travel

RufusHound

If we can split the booking at no additional cost that would be acceptable to me. I would be happy to forego the car and book transfers but I would want my 1/5th of the cost of the hire car refunding to pay for those transfers

DandelionPatrol

RufusHound wrote: »

If we can split the booking at no additional cost that would be acceptable to me. I would be happy to forego the car and book transfers but I would want my 1/5th of the cost of the hire car refunding to pay for those transfers

That is an entirely reasonable position.