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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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Dear Sir/ Madam,I'm contacting regarding some legal advice.

Customer Question

Dear Sir/ Madam,
I'm contacting regarding some legal advice. Last month me and my ex girlfriend, booked a holiday weekend. She did all the booking in her name and I transferred the money into her account for the payment of the booking for which I have proof and she provided me with all the booking details. Unfortunately we broke up and she offered me half of the holiday's money, which I have accepted. There has been a lack of communication in the past week or so and I've asked to cancel the holiday and to send me a cancellation receipt to understand the term and conditions of the holidays and eventual refunds that we might obtain. But she hasn't provided me with such. I've also been in touch with the company that the holiday is booked with, but due to the booking being in her name and privacy agreements. They cannot let me know if the booking has been cancelled or not. I'm worried that the booking might be have been sold on by her or that she might go ahead with the holiday herself although I still have paid half of the holiday now. The holiday is booked for this coming weekend, 7th November until the 10th. Can you please let me know if anything can be done for this matter. Thanks in advance for any help.
Best regards,
Giovanni
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
There is no point in you dealing with the holiday company for the reasons that you say. You are not the customer and they will not deal with you.
However, as your ex-girlfriend has offered to refund you the money that you paid her, and as you have accepted that offer, that can be treated as a contract. Whether she then uses the holiday herself doesn't matter to you.
All you should be concerned with here is that you have a claim against her for the money which she has offered to pay you. Legally, you can ask her to pay this money. If she refuses or delays to do so you can then take her to the Small Claims Court.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks for your reply. I understand the terms but I still have contributed to half of the holidays amount at this point.. This would entitle me to an eventual refund from the cancellation or if she sells or goes on holiday herself she would have to pay back the other half of the holiday back to me I would think. She has avoided any contact with me recently which is making the situation worse for me and when I've asked for proof that the holiday is cancelled she has not provided me with such. So I'm starting to think that the holiday might have been sold on from her, which would be surely something to act upon as I still own half of the holiday. I have bank transfers of the whole amount going to her account on the day she booked the holiday and her paying me back just half of the amount last week. But not providing me with cancellation evidences.
Expert:  JGM replied 2 years ago.
Legally you don't own half the holiday. That's why your legal rights relate only to her and the agreement you have with her relating to the obligation to pay you back the other half of the cost. Whether she has cancelled or not doesn't matter as far as your rights are concerned.
Customer: replied 2 years ago.
Is there anything you would suggest to attempt to get the money back as its a large sum? Any suggestions would be appreciated.
Expert:  JGM replied 2 years ago.
How much?
Customer: replied 2 years ago.

the original amount i paid her was £514.08 then she paid me back £257.04, but we also had another holiday planned which i booked and had to cancel and i ended up paying for the non refundable amount of £380. It was her decisions to not go on holiday with me.

Expert:  JGM replied 2 years ago.
Thanks for your reply.
You can sue her for these amounts of money in the small claim court on the basis that she agreed to repay you and you accepted her offer to do so.