Fly Drive/Small claims court advice needed urgently

DandelionPatrol

RufusHound wrote: »

This weekend I have had confirmation that she has spoken to Virgin who in light of me threatening legal action to claim any losses I incur have agreed to cancel the booking and refund all money paid
She is now asking that I email to confirm I'm happy for the booking to be cancelled if I get all money back and she wants me to put its in full and final settlement.
I can't do this as its 3/5 working days until I get a refund and I will then have to book another flight

Can I put that it's in full and final settlement assuming I get all of my money back and that the replacement flight I book isn't more than the £717 I paid for this booking?

Yes, you can, but as the price comes out less, I would not draw attention to this ... But do put a time limit on payment as a condition of F&F

unholyangel

DandelionPatrol wrote: »

So you think OP should bear the £175 loss of deposit?

How did you possibly get that from anything I said?

OP was specifically asking if they can agree to cancel for a full refund AND hold the former friend liable for increased holiday costs.

Personally I think the OP should take the full refund, organise another holiday somewhere different and forget about any additional costs. Its the sensible solution as then each of them are in the same position as each other - as long as neither of them are trying to get one up on the other.

In other words....how has former friend breached either contract or duty of care when they have given the OP the decision of what they want to do ? On top of that we have no idea what the falling out was about. A court may find OP would be behaving unreasonably by insisting on that particular holiday with those particular people given the circumstances. A dispute between friends is not going to be viewed the same as a dispute between business and consumer. I'd tread very carefully if I were OP and going to proceed with legal action.