Ex will get holiday refund - If they won't give it back anyway to force them?

London7766551

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

TonyMMM

IF they don't pay the money back to you, then you send a "Letter before Action" giving them 7/14 days to return the cash or you will take court action. Then if they don't pay you start a court claim (on-line through MCOL).

sweetsand

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

nicechap

London7766551 said:

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

By "them" do you mean the holiday provider or your ex?  If the holiday provider, then the short answer is no.  If you mean your ex, then its a straight forward debt which you can enforce through small claims court, but beware, it can take 6 -18 months to get in front of a judge (nothing like Judge Rinder or Criminal Courts with barristers and wigs), and dishonest people have been known to fib about their finances so sometimes, despite winning its hard to collect or enforce. Plus, it sounds like at the moment, your ex may not even have the refund from the holiday provider.  I'd suggest starting off being polite and civil and set things out in an email enquiring whether they have any luck yet in getting the money back, and if they don't answer or prevaricate, then move onto issue a Letter Before Claim.  

Overview of small claims here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

London7766551

nicechap said:

London7766551 said:

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

By "them" do you mean the holiday provider or your ex?  If the holiday provider, then the short answer is no.  If you mean your ex, then its a straight forward debt which you can enforce through small claims court, but beware, it can take 6 -18 months to get in front of a judge (nothing like Judge Rinder or Criminal Courts with barristers and wigs), and dishonest people have been known to fib about their finances so sometimes, despite winning its hard to collect or enforce. Plus, it sounds like at the moment, your ex may not even have the refund from the holiday provider.  I'd suggest starting off being polite and civil and set things out in an email enquiring whether they have any luck yet in getting the money back, and if they don't answer or prevaricate, then move onto issue a Letter Before Claim.  

Overview of small claims here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

I meant the ex.

Thanks for the replies, I will take it slow and hopefully he will give it back.

Marvel1

sweetsand said:

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

Where does it mention it's a man keeping the money?

HampshireH

London7766551 said:

nicechap said:

London7766551 said:

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

By "them" do you mean the holiday provider or your ex?  If the holiday provider, then the short answer is no.  If you mean your ex, then its a straight forward debt which you can enforce through small claims court, but beware, it can take 6 -18 months to get in front of a judge (nothing like Judge Rinder or Criminal Courts with barristers and wigs), and dishonest people have been known to fib about their finances so sometimes, despite winning its hard to collect or enforce. Plus, it sounds like at the moment, your ex may not even have the refund from the holiday provider.  I'd suggest starting off being polite and civil and set things out in an email enquiring whether they have any luck yet in getting the money back, and if they don't answer or prevaricate, then move onto issue a Letter Before Claim.  

Overview of small claims here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

I meant the ex.

Thanks for the replies, I will take it slow and hopefully he will give it back.

Marvel1 said:

sweetsand said:

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

Where does it mention it's a man keeping the money?

Well they assumed correct as OP replied before you did

"Thanks for the replies, I will take it slow and hopefully he will give it back."

sweetsand

Marvel1 said:

sweetsand said:

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

Where does it mention it's a man keeping the money?

@Marvel1
Read the OP properly. If you are still not satisfied, then read the OP's second post. 

sweetsand

HampshireH said:

London7766551 said:

nicechap said:

London7766551 said:

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

By "them" do you mean the holiday provider or your ex?  If the holiday provider, then the short answer is no.  If you mean your ex, then its a straight forward debt which you can enforce through small claims court, but beware, it can take 6 -18 months to get in front of a judge (nothing like Judge Rinder or Criminal Courts with barristers and wigs), and dishonest people have been known to fib about their finances so sometimes, despite winning its hard to collect or enforce. Plus, it sounds like at the moment, your ex may not even have the refund from the holiday provider.  I'd suggest starting off being polite and civil and set things out in an email enquiring whether they have any luck yet in getting the money back, and if they don't answer or prevaricate, then move onto issue a Letter Before Claim.  

Overview of small claims here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

I meant the ex.

Thanks for the replies, I will take it slow and hopefully he will give it back.

Marvel1 said:

sweetsand said:

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

Where does it mention it's a man keeping the money?

Well they assumed correct as OP replied before you did

"Thanks for the replies, I will take it slow and hopefully he will give it back."

Many thanks.

nicechap

HampshireH said:

London7766551 said:

nicechap said:

London7766551 said:

I booked a holiday with my ex before Covid last year, it was due to happen this summer and then got pushed back. We were together when the holiday was booked, and I gave half the money to them so they could pay for the holiday. I watched them do this and got a copy of the documents. I have text messages where we agree they are booking the holiday and the amounts I will transfer to them for that purpose. Most of the money was sent from my bank account to theirs, one of the parts of the money was given over in cash, but this is referenced in the text messages and also as a withdrawal on my bank statement.   The holiday company told us it wasn't going to happen again so we decided it was pointless to push it back again or to go abroad, so we opted for a full refund. They said this would take up to three months. As they (the ex) booked the holiday and paid for it on their debit card, the full refund will go to them. I am listed on the documents as a passenger etc but I doubt this stands for anything.

Since then we have split up, and we are not on good terms. Although I would stress they have not been malicious or suggested they won't give it back, but at the same time they have a history of being dishonest about things. So I am just thinking, in a worse case scenario, is there anyway I can force them to give it back through legal means? It is about £1500. Normally I would never let a partner handle my money, but in this case I watched them book the holiday and then gave them the half of the cost in money over a few months. I never could imagine the holiday could be canceled at the time of booking, and I don't think being in lockdown and having the trip cancelled help much with our relationship either! But it is what it is, I just want my money back now.

By "them" do you mean the holiday provider or your ex?  If the holiday provider, then the short answer is no.  If you mean your ex, then its a straight forward debt which you can enforce through small claims court, but beware, it can take 6 -18 months to get in front of a judge (nothing like Judge Rinder or Criminal Courts with barristers and wigs), and dishonest people have been known to fib about their finances so sometimes, despite winning its hard to collect or enforce. Plus, it sounds like at the moment, your ex may not even have the refund from the holiday provider.  I'd suggest starting off being polite and civil and set things out in an email enquiring whether they have any luck yet in getting the money back, and if they don't answer or prevaricate, then move onto issue a Letter Before Claim.  

Overview of small claims here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

I meant the ex.

Thanks for the replies, I will take it slow and hopefully he will give it back.

Marvel1 said:

sweetsand said:

#as above and no arguing please and small claims court with the evidence plus your costs. IMO, I think he will pay up
once you need to tell him re your evidence.
ATB

Where does it mention it's a man keeping the money?

Well they assumed correct as OP replied before you did

"Thanks for the replies, I will take it slow and hopefully he will give it back."

But that wasn't declared when the assumption was made.

London7766551

We are both men so there you go