name has been changed on booking without consent

biscan25

Small claims would be the way to go, provided you have the name and address of the lead booker. A letter before action could be enough to motivate them into paying up.
Should be a straightforward win I'd have thought, provided you are only claiming the costs of the holiday.

goldygash

Westin said:

goldygash said:

TELLIT01 said:

If the OP wasn't going it makes far more sense for the Lead person on the booking to replace them with a friend than to allow the OP to name a random individual.  The OP should get their money back as they have been replaced, minus any costs for changing the name.  If they don't, then the smalls claim court would be the route to go.

I don't understand what the OP means by 'complicit' as nothing illegal has been done.

Hi, the person who has replaced offered the friend some money to take the ticket, but it was declined by friend as no where near the cost of holiday. Friend said would try and find a replacement and made lead booker fully aware of this and on no account gave approval for place to be filled. Lead booker went ahead anyway along with the replacement and no money has exchanged hands. They didn’t even tell the friend. Only found out when went into booking and saw the name change.

No approval needed.  As other have said to you, it is the 'Lead Name' on the booking that has control and authority to make the changes on the reservation.

Hi, understood. This is now really about the underhand way it’s been done and no money being paid. As others have said, looks like small claims court is the way to go as dialogue requesting money has not produced anything. 

eskbanker

I'm not sure that a small claims action against the lead booker would succeed - if the 'spare' place with the holiday company was simply cancelled, would any refund be due?  I wouldn't have thought that the person pulling out of the trip has any legal or contractual right to insert a substitute, so would imagine that the starting position for any debate about cost recovery would be the cancellation provision within the contract.

biscan25

eskbanker said:

I'm not sure that a small claims action against the lead booker would succeed - if the 'spare' place with the holiday company was simply cancelled, would any refund be due?  I wouldn't have thought that the person pulling out of the trip has any legal or contractual right to insert a substitute, so would imagine that the starting position for any debate about cost recovery would be the cancellation provision within the contract.

But they haven't pulled out, they've been ousted.

eskbanker

biscan25 said:

eskbanker said:

I'm not sure that a small claims action against the lead booker would succeed - if the 'spare' place with the holiday company was simply cancelled, would any refund be due?  I wouldn't have thought that the person pulling out of the trip has any legal or contractual right to insert a substitute, so would imagine that the starting position for any debate about cost recovery would be the cancellation provision within the contract.

But they haven't pulled out, they've been ousted.

I think we're both making assumptions here as OP doesn't appear to have confirmed one way or the other!

goldygash

eskbanker said:

biscan25 said:

eskbanker said:

I'm not sure that a small claims action against the lead booker would succeed - if the 'spare' place with the holiday company was simply cancelled, would any refund be due?  I wouldn't have thought that the person pulling out of the trip has any legal or contractual right to insert a substitute, so would imagine that the starting position for any debate about cost recovery would be the cancellation provision within the contract.

But they haven't pulled out, they've been ousted.

I think we're both making assumptions here as OP doesn't appear to have confirmed one way or the other!

Hi, the friend decided not to go, but was looking for a replacement to pay the cost of holiday minus the rebooking fee. The lead booker and replacement were aware that friend was looking, but went ahead and changed booking anyway without making friend aware or paying any money to friend. 

eskbanker

goldygash said:

eskbanker said:

biscan25 said:

eskbanker said:

I'm not sure that a small claims action against the lead booker would succeed - if the 'spare' place with the holiday company was simply cancelled, would any refund be due?  I wouldn't have thought that the person pulling out of the trip has any legal or contractual right to insert a substitute, so would imagine that the starting position for any debate about cost recovery would be the cancellation provision within the contract.

But they haven't pulled out, they've been ousted.

I think we're both making assumptions here as OP doesn't appear to have confirmed one way or the other!

Hi, the friend decided not to go, but was looking for a replacement to pay the cost of holiday minus the rebooking fee. The lead booker and replacement were aware that friend was looking, but went ahead and changed booking anyway without making friend aware or paying any money to friend. 

In which case, as above, I don't think the one pulling out has any right to nominate an alternative, so would suggest that they should effectively be seeking whatever refund, if any, is available from the holiday company (via the lead booker).  If the lead booker finds someone to fill the place instead then whatever that person pays should be returned to the one who pulled out, but that would be subject to negotiation between the parties, so if that's unlikely to happen then I believe that the only legally viable claim would be for any refund obtained from the holiday company for cancelling one place.

sheramber

When is the holiday?

How long has your friend been looking for a replacement?

How much refund would he get from the holiday company for cancelling at this time?

goldygash

sheramber said:

When is the holiday?

How long has your friend been looking for a replacement?

How much refund would he get from the holiday company for cancelling at this time?

The holiday has started today. The fall out of friends happened 2 weeks ago and friend has been looking for a replacement during that time. The lead booker changed the name 2 days ago without telling friend. The replacement was aware of the situation and did not make friend aware either or pay any money. 

There would be no refund due at this stage from the holiday company.

eskbanker

Sounds like time for your friend to write it off as an unfortunate consequence of the falling out then, I really can't see anything coming out of any attempt to recover anything via court.