Can I take my friend to small claims for cancelled holiday, which she then went on?

[Damianjmcgrath]

Hi

 

Back in March 2012, me and a friend booked a round the world trip, paying the deposit and remaining balance, coming to around £1900 each.

 

The holiday with the travel company was in her name, and I transferred the money to her bank. She then paid everything from her card.

 

We also paid for hotels and excursions, bringing the total to around £2600 each. Again, I transferred her money and she paid.

 

The trip and addons then had to be cancelled and the holiday company refused to issue a refund due to the short notice. Obviously we were annoyed but understood, and I resigned myself to losing that money.

 

My friend looked into getting refunds from the extra hotels direct and the excursion companys but told me she couldn't.

 

I have since found out that, instead of canceling the trip, my friend actually went on the trip on her own and I have pictures from Facebook of her and her boyfriend in Australia, which leads me to believe she simply replaced my name for his.

 

I believe if she had cancelled the trip, there would have been at least some refunds, and regardless, I don't believe its right that she went on a trip part funded by me, and perhaps went on the trip with someone else entirely funded by me.

 

I have bank proof of the money transfers to her, labelled as "money for hotel X", and "money for excursion X".

 

Is there anything I can do in regards to getting my share back, or some of my share back?

 

Would a small claims court help?

[ashmk]

The trip and addons then had to be cancelled

 

Why? Because of you, your friend or both? Be honest.

[assisted blonde]

why was the trip cancelled? and what about travel insurance?

[Damianjmcgrath]

Does that matter? The facts of the case remain the same.

 

My personal family situation changed, and she had just met her boyfriend so we mutually agreed it wasn't the best time to go travelling. I brought up the subject of cancelling first but she, as far as I knew, agreed and phoned the company to tell them.

 

I know that she didn't do that, and instead phoned them to take my name off, and then simply went by herself. I know this because the travel.company forwarded me an updated travel iterinary by mistake showing just her name.

 

I believe if she would have cancelled, we'd have received some refunds, half of which she owes me.

 

I need to find out if this is the correct view from a legal standpoint.

[BankFodder]

If she used the money you paid for her friend - then by all means you can claim it from her.

[BankFodder]

Furthermore, I would think about tell her that she deceived you and that you will being this up as an issue in the county court and if the judge agrees, then inform the police.

[Damianjmcgrath]

I believed she had taken out insurance, but again, she told me that the insurance only covered missing luggage, and not us cancelling. I have no evidence if this is true or not.

[Damianjmcgrath]

BankFodder, I have no evidence she used my half for her friend, I only have photographic proof he was there. He may have paid for himself separately. However, my issue is that by not cancelling, she denied me the refunds I'd have been due, and she benefited from a jointly paid holiday, so she didn't lose out but I did. Would a small claims court agree, or is it just "unfortunate"?

[ashmk]

Does that matter?

 

Yes it does.

 

Good luck.

[assisted blonde]

If you take her to court and win will she have the money to pay you? How long before the trip did you want to cancel? as if it was near to departure you may well have lost all your money if you wernt insured.

[Damianjmcgrath]

We were due to go in July 2012 but cancelled in April 2012. Some hotels and excursions were booked for November/December 2012 so would have been refundable. However my main issue is that she didn't try and cancel, there by denying me.

[BankFodder]

We were due to go in July 2012 but cancelled in April 2012. Some hotels and excursions were booked for November/December 2012 so would have been refundable. However my main issue is that she didn't try and cancel, there by denying me.

I think that suing for this would be a very tough job.

 

If you can get proof that your money was used by someone else's holiday then you can win quite easily.

 

As your name was down for the original holiday, I would suggest sending an SAR to see if that turns up anything interesting

[assisted blonde]

I assume it is now an ex friend? the initial fares in July would probably have been too late to cancel yes the extras could probably have been cancelled, got to say though it seems a very haphazzard way of arranging a holiday. I think you will have a hard job trying to get your money back and she may have tried to cancel and been told no but they may have allowed a change of name, which I suppose means you could have sold the hotels and excursions onto someone else, but then again you may not have found a buyer.

[raydetinu]

All I can say is you have grievance and thats what courts are for,however you need to get as much evidence as you can that you could produce in court to back your claim. contact travel co etc.

Alsohave you actually discussed this grievance with your 'friend' and what did they say.

[Ethel Street]

I believed she had taken out insurance, but again, she told me that the insurance only covered missing luggage, and not us cancelling. I have no evidence if this is true or not.

 

I have never heard of a tarvel policy which would cover you in circumstances like this. Insurers simply don't cover you for changing your mind, only for things that are outside your control, illness etc. I wouldn't waste any time over the insurance policy.

[ericsbrother]

You mutually agreed to cancel and thus at the time accepted the loss as that was the contract with the travel agents etc. You have no realistic chance of recovering anything, even if she did use the paid for amenities unless you can show that she fully intended to travel without you and therefore used a deception to make a monetary gain.