We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Holiday dispute with ex girlfriend.

Toddtracy
Toddtracy Posts: 3 Newbie
Second Anniversary First Post
edited 3 February 2023 am28 9:39AM in Marriage, relationships & families
Hi guys, my son and his girlfriend split up on New Year’s Day 2023 and had been planning to visit Cuba in August 2023 with her family. My son has so far paid over £790.00 to his girlfriends mother who is the lead person on the booking form. She has flatly refused to pay him back any of the money and as he is not the person who booked the holiday we cannot contact the holiday company. Does he have any legal rights to get full or part money back from her, without going through tepee small claims court? We believe that his girlfriend will be taking someone else in his place presumably after a name change on the booking? Is this classed as theft if he can show money transferred from his bank to hers?

Comments

  • The small claims court, not tepee lol
  • CBN
    CBN Posts: 50 Forumite
    Part of the Furniture 10 Posts
    R20223 said:
    Just let girlfriends mother know he still intends to go on holiday ' 

    This. The tune will soon change.
  • T.T.D
    T.T.D Posts: 260 Forumite
    Fifth Anniversary 100 Posts Photogenic Name Dropper
    edited 5 February 2023 pm28 11:06PM
    No it’s not theft and not fraud either just to inform you, it’s a civil dispute.

    You have two options:
    1. inform ex’s mother you have still have intent to go and that you intend to pay the remains balance. 

    2. Make clear you no longer wish to go and that it would be fair that cancellation costs are deducted due to you no longer wanting to go, she is to provide Evidence if the cancellation and the charges and deposit deduction and return the remains balance to you she has 30 days in which to complete your request or you will seek civil remedy. Once the 30 days are up you apply to the small claims. Keep all records of texts bank details and booking info from emails from ex and mother. 
  • pinkshoes
    pinkshoes Posts: 20,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Toddtracy said:
    Hi guys, my son and his girlfriend split up on New Year’s Day 2023 and had been planning to visit Cuba in August 2023 with her family. My son has so far paid over £790.00 to his girlfriends mother who is the lead person on the booking form. She has flatly refused to pay him back any of the money and as he is not the person who booked the holiday we cannot contact the holiday company. Does he have any legal rights to get full or part money back from her, without going through tepee small claims court? We believe that his girlfriend will be taking someone else in his place presumably after a name change on the booking? Is this classed as theft if he can show money transferred from his bank to hers?
    How much was he going to be paying for the trip?

    A name change on a flight/holiday is about £80 so if someone else goes in his place then he should receive a full refund less the cost to change the name.

    Another option is to still go on the trip, and let the MIL know that this is his plan. He should state politely that as she is not willing to refund the money paid and as he does not want to lose £790, then he is looking forward to still coming on the trip and will pay the rest of the instalments for the trip as previously agreed.

    If she then refuses to let your son still come on the trip, he then has evidence that he can put in a "letter before action" stating that as she is refusing to let him go on the trip that he paid for, she has 14 days to refund £XXX etc...
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • YEs as others said you really need to document to the mother that you are happy to allow cancellation, or someone else to go on the trip subject to your money being refunded (less costs of the change) or failing that you will be planning to go on the trip and will pay the remaining balance due. 

    what you can't do is say 'i'm not going, and im not going to pay any more and I want all my money back' that's not how holidays work generally. Its probably worth looking at the T&Cs to see if cancellation is possible and what you would lose. It may be that if you cancel you would lose what's already been paid anyway. 


  • Malthusian
    Malthusian Posts: 11,053 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Toddtracy said:
    Does he have any legal rights to get full or part money back from her, without going through the small claims court?
    This question essentially amounts to "can he assert his legal rights without asserting his legal rights" to which the answer is "no". He can write letters before action and all the rest, but it's bluster if he isn't prepared to go to court.
    I agree with the other posters that he has a right to either go on the holiday or get his money back. But if he doesn't want to take it all the way to court, there is nothing wrong with writing off his money now and chalking it up to experience. 
    The bluff over coming on the holiday works both ways. What if the ex's mother says "Ok matey, we'll look forward to seeing you there, the outstanding balance is £X,XXX"? 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.4K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 241K Work, Benefits & Business
  • 617.3K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.