Fly Drive/Small claims court advice needed urgently

DandelionPatrol

RufusHound wrote: »

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

All good so far. Do you have it in writing that she will not give access to the booking?

She is certainly making it very tricky for you to proceed with any certainty and leaving the situation such that whatever you do will appear that you are in the wrong if you do need to take this to court.

I think you need another discussion with the airline to establish if and how you could print tickets with your access cut off. ANd probably worth a close read through the T&C's to establish whether you have a contract with the airline or whether it is just the lead passenger.

RufusHound

I do have it in writing she won't give me access to the booking.
She is now trying to tell me that she has forwarded my email to the airlines accounts and legal department which I disbelieve - why would they be interested?
She has said she is still waiting for info from the airline she requested a week ago though she won't say what that information is and she is still telling me that giving her 10 days from my initial letter is not enough time

The airline we have booked with is virgin holidays
I have read the terms and conditions and am still not sure of the situation?

DandelionPatrol

RufusHound wrote: »

I do have it in writing she won't give me access to the booking.
She is now trying to tell me that she has forwarded my email to the airlines accounts and legal department which I disbelieve - why would they be interested?
She has said she is still waiting for info from the airline she requested a week ago though she won't say what that information is and she is still telling me that giving her 10 days from my initial letter is not enough time

The airline we have booked with is virgin holidays
I have read the terms and conditions and am still not sure of the situation?

This needs some other wise heads on the forum to chip in. I am thinking that she is trying to put you on the spot of not paying your share so that you are responsible for the losses.

Do others here agree? If so what is the best response?

And what is the position of the other 1 with you?

What do the T&C's say about who are the parties to the contract? Definitions such as 'you' can be helpful. Or do you have a link?

RufusHound

Here is the link to the booking conditions

http://m.virginholidays.co.uk/bookingConditions.html


I will pay my balance one way or another before the due date as I will not allow it to be spun in the direction of me being at fault for not paying. I already have £567 invested in this what's another £150!

RufusHound

RufusHound wrote: »

Here is the link to the booking conditions

http://m.virginholidays.co.uk/bookingConditions.html


I will pay my balance one way or another before the due date as I will not allow it to be spun in the direction of me being at fault for not paying. I already have £567 invested in this what's another £150!

Sorry the other person with me has said it is her preference for the booking to remain as it is as she can not afford to lose any money

DandelionPatrol

RufusHound wrote: »

Here is the link to the booking conditions

http://m.virginholidays.co.uk/bookingConditions.html


I will pay my balance one way or another before the due date as I will not allow it to be spun in the direction of me being at fault for not paying. I already have £567 invested in this what's another £150!

I would too. And I would put another £50 to the matter mentally.

As soon as you have paid, I suggest you tell her in writing that you have done this in order not to cause a loss being incurred by cancellation of the booking. Tell her that you expect her to restore your access to the booking within 21 days or you will assume that she will not facilitate you taking your booking and printing your tickets and you will take legal steps to recover your money in full.

Overall, I think that mentally she has cancelled with the others and she is trying to pin the losses on you.

RufusHound

DandelionPatrol wrote: »

I would too. And I would put another £50 to the matter mentally.

As soon as you have paid, I suggest you tell her in writing that you have done this in order not to avoid a loss being incurred by cancellation of the booking. Tell her that you expect her to restore your access to the booking within 21 days or you will assume that she will not facilitate you taking your booking and printing your tickets and you will take legal steps to recover your money in full.

Overall, I think that mentally she has cancelled with the others and she is trying to pin the losses on you.

I think that is the case too. I don't understand what on earth she has asked virgin that is taking so long to get a response nor do I believe she has sent my emails to virgin who sent them to their legal team! She is stalking for time.

DandelionPatrol

RufusHound wrote: »

I think that is the case too. I don't understand what on earth she has asked virgin that is taking so long to get a response nor do I believe she has sent my emails to virgin who sent them to their legal team! She is stalking for time.

So what do her other 2 friends have to say about this?

RufusHound

DandelionPatrol wrote: »

So what do her other 2 friends have to say about this?

The other 2 on the booking are saying they are happy to sit back and wait for her to make a decision but it's because they know she will make a decision with the 2 of them involved so they will have a say.

RufusHound

I have been speaking to my husband and I have made the decision to phone virgin and pay my balance of £150 this morning
Once that is done I will email her and tell her my balance is now clear.
She previously said that she is not happy about being the lead Booker on a flight I have an outstanding balance on as she doesn't trust me so in my reply I will be telling her that the total cost of my flight which is £717.67 is paid in full despite me;
Being locked out of the booking and being told I will not have access to it again
Having had no assurances she won't an election or amend the booking without agreement with all parties
Having has no assurances that I will be given access to my tickets once they become available

I have no choice but to wait and see what she does with the booking but one I have paid there is no way she can spin it to me my fault she cancelled as I will have paid my balance over a week before the deadline