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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 25466
Experience:  Senior Partner at Berkson Wallace
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I need some advice about my daughter and son-in-law who

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Hi, I need some advice about my daughter and son-in-law who asked myself and my husband, who is a pensioner age 76 to go on holiday with them this year and we said yes they asked us to put the deposit down with that, we did we transferred
JA: Where are you? It matters because laws vary by location.
Customer: Brighton and Hove
JA: What steps have you taken so far?
Customer: none we don't know how
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: well we had words and asked for our money back but they will not give it to us

However you dress it up, you cannot beat them with a stick until they refund your money and your only remedy is to take them to the Small Claims Court.

I would give them a deadline (in writing) to refund your money by, say, 4 PM on Friday, 28 January 2022 failing which will issue Small Claims Court proceedings without further notice.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

It’s not expensive.

A word of warning and that is that they may put forward a defence that this was an informal family arrangement never intended to create legal relations. (That is the legal terminology) and the court may decline to intervene just leaving you to fight it out between yourselves.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Law Specialists are ready to help you