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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was booked to go on a holiday with my friends from

Resolved Question:

Hi,
I was booked to go on a holiday with my friends from work this summer. The holiday was booked by my friend and i had payed the full amount already.
Unfortunately around January issues arose which meant i could not go for personal reasons.
A colleague at work agreed to take my place and so my friend who booked the holiday went ahead and contacted them for a name change.
The original holiday was £637 and i payed an extra £75 for the name change. Now the new addition has decided he doesn't want to go and is refusing to pay me the money or the 75 for the name change.
Of course i have evidence of the name change as he supplied his passport details and also multiple conversations via messenger in which he confirms his intentions to replace me on the holiday.
Am i likely to get my money back by taking this to small claims court?
Thanks,
Sam
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also he is no longer responding to contact from me or my friend who booked the holiday. He used to work with us but has left for another job.Do i risk losing more money going ahead with this case?Thanks
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. You do have a potential case here because you can argue that you and this person had entered into a legally binding agreement for them to take over the holiday and go in your place, thus making them liable for the costs of the holiday. To have a contract you must show there was an offer, acceptance and consideration. In effect you made them an offer, they accepted it and you provided consideration by paying more for the name change. So legally there could indeed be a legally binding contract which you can rely on to take this further. The issue is that even if you have grounds to take this further there is no guarantee that you will get anything back. You may get a court judgment in your favour but that does not guarantee anything – if they refuse to pay you still have to try and enforce it somehow. I have personally taken someone to court and with all the knowledge I have on the process I still never got a penny back, so there are risks. In terms of what you may potentially lose, this will be the claim fee (£60) and the hearing fee (£80). If you were to start paying for various enforcement methods then there will be additional fees but these are the minimum you would have to pay to get a judgment in your favour. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,Thanks for the reply.
What are the benefits of getting a court judgement in your favour if you still might not get the money back? Also what are enforcement methods? I take it these require third parties getting involved?Thanks,Sam
Expert:  Ben Jones replied 1 year ago.
Well having a court judgment alone could prompt many people to pay. Also if someone does not pay a court judgment within a specified time it is entered on their credit score and could make getting credit difficult. Finally, it allows you to try enforcement methods, which you cannot do without having judgment in your favour. Some involve third parties, like getting bailiffs, others do not, such as getting an earnings attachment order from the debtor’s employer. The common options you can read about here: https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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