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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Last year i booked to go on holiday with my friends at the

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Last year i booked to go on holiday with my friends at the same time as i was in australia. i therefore booked a flight home in able to go on this holiday. however i ended up not taking this flight and therefore not being able to go on the holiday. My friends then offered my ticket to someone else without my permission in order for me not to lose any money. The person who went on this holiday offered to pay for it if i texted her. I have since texted her multiple times about paying me and she is now refusing to. Every time i have texted her about it she agrees to pay me at a certain date, and then the day before she is supposed to be paying me she texts me to say she isnt going to.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Do you have any documentary evidence of her agreeing to pay the money to you for the ticket (either before or after the holiday)?

 

How much was the ticket?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
The only thing I have of her agreeing to pay the money is texts of her saying things such as 'yeah sure how much do you want' to which i replied the holiday was £260 to which she sent back 'yeah sure no problem'. My friends were present when I sent and received these texts. The next day she texted me saying she wasnt going to pay. I then texted her saying i need the money by this time next week and she once again texted back saying 'no problem, i can drop it off at your house on friday', however she didnt. Each time ive sent or received texts to her i have had someone there to witness it.

The holiday itself was £260, however she told me that she had to pay £40 to change her name on the flight, so i therefore agreed to take that £40 off and make it £220
Expert:  Thomas replied 4 years ago.

I take it you no longer have these texts on your phone?

 

Do you suppose those witnesses would give witness statements on those occasions?

 

 

Kind regards,

 


Tom

Customer: replied 4 years ago.
I still have the texts i received off her however the texts i sent have been deleted. And yes my friends would give statements.
Expert:  Thomas replied 4 years ago.

Okay, you've got to get those texts in printed form. If you can forward them as emails to an account then do so and print out.

 

The key is establishing that you had an agreement to sell her the ticket, rather than give it to her as a mere gift. The texts and witness statements corroborate this and while it's perhaps not as good as a chain of emails in which the exchange is specifically stated it does give you a reasonable starting position.

 

I would go and ask a local solicitor to write a letter before action to her (if you do not think a further letter from you will work) outlining the background to your claim and her breach of contract and asking for the monies to be repaid or a payment plan suggested within 7 days of the date of the letter failing which you will issue a claim at Court to recover the monies. It should cost around £40.00 for this, sometimes a letter on solicitor's headed paper prompts compliance from some people. It depends on the person and you are best positioned to judge her reaction.

 

If you do not wish to incur expense or do not think she will engage after then you could just draft a letter yourself in the same format.

 

If she does not respond then you can issue a claim to recover the monies via www.moneyclaim.gov.uk, it's pretty cheap and very easy to use.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 


Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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