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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I was due to go on holiday with a lady Wendy, over last few

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Hi I was due to go on holiday with a lady Wendy walker, over last few months she said she going not going, she paid me money which I paid to holiday company I explain once I paid it to the company unless she gave me reasonable time to cancel she wouldn't recieve anything back, she understood this now she taking me to small claims because she wants her money back through citizen advice
JA: When we are ready I'll take you to the appropriate web page.
Customer: We are due to leave 1st September
JA: What state are you in? It matters because laws vary by location.
Customer: United kingdom
JA: Has anything been filed or reported?
Customer: She reported it today
JA: Anything else you want the lawyer to know before I connect you?
Customer: Wendy book this holiday with me as my friend I've only got a couple years to live it would have been my last trip aboard
Customer: replied 2 months ago.
I booked this holiday with faith she wouldnt let me down as i am seroiusly ill and she knows that.it would have been my last holiday abroad i am the leading passanger on the booking as there only one set of paperwork.she has demanded i give her it.she told me she was going to sell it behind my back and i was going to share my room with complete stranger i refused i had threats from her family police have been involved. Which shexwas given advice to keep away from me.the holiday was mention to police they said they didnt get involved with a civil matter like the holiday so.ms wendy walker went through a thitd party throwing more threats by txt messages

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. I am sorry to hear of your circumstances. May I clarify was it to be just the two of you on holiday or are there others too?
  2. At the time she told you she no longer wanted to go or could go, would you ave been able to cancel her booking and receive any money - usually there is a prescribed sliding scale of refund depending on how much notice you give to the travel agency?
  3. From what you say she was told or was given a copy of the booking and cancellation terms?
  4. Do you still plan to go on the trip?
  5. Finally has she just changed her mind about going or is there a reason she can't go?
Customer: replied 2 months ago.
She asked me to sell it. Hoilday company told me she lose her flight money and i maybe could sell the holiday for 340 out of the 515.00 she paid the holiday actuslly cost 1145.00.she still owes me the deposit and 28 pounds for booking her seat with rynair.which i might add she gave a a friend her passport to her yesterday which she gave to.me to book her flight

Thank you. Could you help with the other three points as well which were:

  1. From what you say she was told or was given a copy of the booking and cancellation terms?
  2. Do you still plan to go on the trip?
  3. Finally has she just changed her mind about going or is there a reason she can't go?

Lastly could you tell me if you attempted to sell her booking as she asked or was this not possible?

Customer: replied 2 months ago.
Only two of us were going i plan too go now myself.there no reason she cannot go ive sent her a copy of the holiday the price i didnt cancel holiday as i was giving her time to sort herself out ive sent her copy of the holiday and she was aware what was happening
Customer: replied 2 months ago.
Which has been sent recorded delivery to her address i rang the holiday company to let them know they now said i can cancel off my booking she lose her flight money which has be stated non refundable flight money and the can confirm to cancel her she might get a small refund but they couldnt promise as it only 2 weeks away
Customer: replied 2 months ago.
I have tired to sell it for her but people just dont have avaiable funds as such short notice
Customer: replied 2 months ago.
I could of cancelled her booking but one minute she was going next she wasnt so i left it open for her now she doesnt want to go there nothing i can possibly do

Thank you. The position here is that you have a contract with the booking company and you have a contract with the lady in question if she paid you money which you in turn paid to the holiday company. Providing you made available to her a copy of the booking terms and she understood the cancellation terms, she will be equally bound by them just as you are.

If she has decided not to go then it follows that she will only be entitled to a refund of the amount you would receive from the travel company less the cancellation fee. If it can be resold, providing this does not result in your sharing a room with a stranger which is not a reasonable request, then this is all well and good but you donot have to try to resell it on her behalf - you are not her travel agent. All you agreed to do is pay for her booking and you have fulfilled this service.

Unless you did not make available to her the cancellation terms which applied and from what you say you explained these very carefully to her, she is bound by them and is limited in what she can recover to the above - the cost of her portion of the holiday less and cancellation fee that applied at the time she requested to cancel however she must make a clear request to cancel and if she was dithering this does not amount to a clear instruction. You would have been within your rights to ask for a written instruction from her so you could argue that her instructions were confused as you describe and if you asked for a written instruction, she has not provided it.

In addition if she has not paid all of the costs of the holiday and you have evidence that she agreed to do so, you can consider a counterclaim against her for that sum owed to you in addition to defending the claim she has made against you on the above terms. You should have been sent a response pack with the court claim papers if she has already issued proceedings. You will need to consider completing the defence and counter claimform if you wish to do this and make sure you get it in within the 14 day deadline. If you need more time you can complete the acknowledgement of claim form to double the amount of time to respond to 28 days. If you miss the deadline she can obtain default judgement against you.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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