Fly Drive/Small claims court advice needed urgently

RufusHound

DandelionPatrol wrote: »

That is an entirely reasonable position.

The problem is that for them all sense of reason has gone out of the window hence why I'm in this position.

Thank you again for the advice I appreciate it

RufusHound

I sent a letter (and email that she received Saturday) that included all of the info DandelionPatrol's reply advised to. I initially gave a week to get the reply to me, She said that I hadn't given her enough time to reply as she is waiting for information from the flight company
I extended the reply by date by 3 days which will then have been 9 business days since she contacted the airline to make her enquiry

She is telling me that I can not impose a deadline on her as she is waiting for the airline to get back to her
I phoned the airline myself to make a general enquiry asking if I needed to amend or cancel a booking how long would they need to get the info together I would need and they said they could give it immediately over the phone.
I think I've been fair and reasonable giving 9 business days to get the info she needs to make a decision but she is continuing to be childish

Can I have an independent opinion please?

I intend to leave my reply by date as the 9 business days as I have already extended it once and proceed as originally stated
I have checked and if she loses me money I can claim back under English Trust Law but I wanted an opinion on the length of time I've given her.
Please can you also point me in the direction of the letter before action help as I'm convinced I will need this by the weekend

DandelionPatrol

RufusHound wrote: »

I have checked and if she loses me money I can claim back under English Trust Law but I wanted an opinion on the length of time I've given her.

What the heck do you think this means? And where are you getting your advice on English Trust Law?

While it is probably relevant, it is too heavyweight an approach for such a simple matter as yours.

RufusHound

A soilicitor met through where I work told me the relevant law. I hope it doesn't come to me needing to make a claim from her, it should be a simple issue to resolve as you have said but it's not looking like it's going to be

susancs

I agree with dandelionpatrols original post recommending a reply within 14 day, would have been a more reasonable period of time, especially as the flight is in October.

RufusHound

The balance needs to be paid by the 10th July and I currently have no access to the booking to pay my final payment that has been sitting in my bank since last Thursday morning
A decision needs to be made as to what's happening before then

Houston01

Sounds like a difficult situation.
You can pay the balance by calling them and quoting the booking reference.
Have they advised you of this?

RufusHound

Yes I know I can phone and pay but I'm reluctant to pay the balance before the deadline when I'm not convinced she won't cancel the booking anyway and I will need every penny to book another flight

DandelionPatrol

RufusHound wrote: »

I sent a letter (and email that she received Saturday) that included all of the info DandelionPatrol's reply advised to. I initially gave a week to get the reply to me, She said that I hadn't given her enough time to reply as she is waiting for information from the flight company
I extended the reply by date by 3 days which will then have been 9 business days since she contacted the airline to make her enquiry

She is telling me that I can not impose a deadline on her as she is waiting for the airline to get back to her
I phoned the airline myself to make a general enquiry asking if I needed to amend or cancel a booking how long would they need to get the info together I would need and they said they could give it immediately over the phone.
I think I've been fair and reasonable giving 9 business days to get the info she needs to make a decision but she is continuing to be childish

Can I have an independent opinion please?

I intend to leave my reply by date as the 9 business days as I have already extended it once and proceed as originally stated
I have checked and if she loses me money I can claim back under English Trust Law but I wanted an opinion on the length of time I've given her.
Please can you also point me in the direction of the letter before action help as I'm convinced I will need this by the weekend

More on English Trust Law. As it seems that you have paid money to the airline directly, it seems that your lead party member may not actually be a trustee of your money ... So you really should leave this out of anything. It carries the risk of you starting an action for the wrong thing and her solicitor getting your case struck out. Hopefully you have not written to her mentioning Trust Law.

As houston01 suggests, you should have a booking reference and I suggest that you call the airline and find out exactly what has happened with this booking. Do nothing to cancel or interfere with the booking, but enquire about the consequences of failing to pay by 10th July. Report back here.

I think, given that the payment deadline is 10th July, you have been too soft in giving her the extra time. I think now you need to write a short letter to your lead party member, stating that as the deadline for payment against the booking is 10th July, she must make the booking reopened to you by that date or you expect an immediate a return of your money in full.

Essentially if you did write what I suggested, you have very close to a letter before action [LBA], but don't go for it yet. Over the period to 10th July, this may pan out in different ways and it is easier to write such a letter once the matter has crystallized into a single actionable situation.

RufusHound

I have not mentioned any kind of law to her so I'm ok on this front.

I have tried ringing the airline but as I'm only a passenger they won't give me any information but they can take a payment from me to clear my balance and as long as I do this before the 10th it will not affect the booking. If I don't pay by the 10th the lead booker is responsible for all outstanding money.

I have asked her to make a decision on what she is doing with the booking as she is the only one that can make a decision. She keeps stalling saying she doesn't have all the info from the airline to make a decision yet it's already been at least 6 business days since she first approached them.
I have told her numerous times its my preference for the booking to remain as well as stating I do not consent to cancellation or amendment if it will cost/lose me money
She has already stated she will not give me access to the booking again even if it is to remain as it is. I have asked how it's intended I will be able to get my tickets as we have to print them off the website once they are available if that's the case