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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We booked a fly cruise holiday , I personally paid

Resolved Question:

We booked a fly cruise holiday for 3ppl, I personally paid in excess of £5500 from my account over time using my visa debit card.Now we are getting divorced & I was wanting to cancel & get a refund , but my ex is refusing to cancel but has taken my name off the holiday &said I can only have £814.37. what are my rights & can she take my name off without my permission?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello who made the booking who was the lead passenger?
Customer: replied 1 year ago.
She made the booking so therefore she became lead passenger,I have tried to speak with Holiday company Cruise 118.com, but as I am not the lead passenger they are refusing to talk to me,even though most of the holiday was paid for off My own visa debit card.]
Expert:  Ben Jones replied 1 year ago.
Ok the issue here is who the contract for the booking is between. This would generally be the person who made the booking (i.e. the lead passenger) and the agent. It does not matter who paid for it – that is not what determines the parties to the contract. So if she was the lead passenger she would be the person who was party to the contract and she would have control over the booking. Therefore, she will be able to make changes, including removing your name from the booking. Again, I must reiterate that it would not matter who paid for the booking as that is not what determines the contractual rights a person has in the circumstances. However, you are still able to take the matter further personally against her. Whilst the agent may be unlikely to resolve this with you as you are not an official party to the contract, you can pursue your ex directly for any money owed for this holiday or try to include the debt as part of the divorce proceedings. I am not a family lawyer so cannot advise of the second option is viable but I can say that under civil law you could consider a small claims court claim for money owed, as long as you are confident that she cannot prove that this was a gift, rather than a loan. This is your basic legal position. I have more detailed advice for you in terms of the options you have if you decide to pursue her personally, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you very much in helping me to understand & clarify this matter for me, she did say that she had legal right to take me off
the holiday, I just can't get my head round the fact that I am only entitled to the paltry sum I'm being offered in compo it's not even 50% of one persons costs of the holiday.I would gladly give you 4stars for helping me today.
Expert:  Ben Jones replied 1 year ago.
Thanks. I would not day that legally you are entitled to the sum she has offered you, this is what she has decided you are due, but that does not mean that it is the correct sum. If she has taken you off, then at least you would be due a third of the value for not being able to travel. As to your options now, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
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