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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Last year booked a weekend holiday in a caravan all paying

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Last year booked a weekend holiday in a caravan all paying £25 deposit each, a friend whom was coming stopped speaking to us all so in May we payed the remaining holiday money between us all. She is now demanding her deposit back from me , I messaged her saying that due to none communication I thought she wasn't coming but if she wanted to come then pay her remaining balance in 48 hours as we had all covered her share, she is now messaging saying she going to take me to the small claimed as I have stollen her money! In my response to her last time I included the two other friend in the message she also calling it intimidation what's my next step
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Was the deposit for the caravan holiday booked on a per person basis?

Expert:  Ben Jones replied 11 months ago.

Or was the deposit for the caravan as a whole?

Customer: replied 11 months ago.
It was as a whole but we split it per person
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 11 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

The issue here is whether you actually lost the money she had paid as a deposit or if it was refunded to you. Let’s say four of you booked this and all paid the £25 deposit. One dropped out and you could not get a replacement, meaning that you still had to cover her deposit and split it between the three of you. In that case you can argue that the deposit should not be repaid because after all you had to cover her non-attendance.

On the other hand if one person dropped out and you got a replacement who should have covered her deposit or by having one less person the deposit was refunded, then you should return the money. In effect, you should not be making a profit out of this – if you did not lose the money she paid then you will have to return it, if on the other hand it was lost or could not be recouped, then you can keep it to cover her non-attendance.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should she decide to take this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Thank you. If she wanted to she could try and take the matter further and the only way she can try and force you to pay that money back is to make a claim in the small claims court and win. It is her legal right to do so if she really wanted to but I am not certain that it will go that far, considering the amount pursued is just £25. Assuming that she does make the claim you will have the option to decide whether to just pay her to get her off your back or defend the claim. As this will go to the small claims court, even if you were to lose, you will not be responsible for her legal fees, if she had incurred any. So worst case scenario, if you lose, you will be looking at paying back the money she was after, plus the claim fee of £25 and the hearing fee of £25, making a total of around £75. However, as mentioned I think she may just be issuing threats rather than actually considering going to court as it would not be worth it for the very low amount she is after.

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