. . . to not pay the rest of this money?

[RedPandaFluff]

I'm asking for a friend as she's struggling with a moral dilemma at the moment, and I'm genuinely unsure too - one minute I think paying is the right thing to do, then I change my mind! Thought I'd get some MN opinions . . .

My friend booked to go on a trip away. The trip was suggested to her by a friend of hers, who works in partnership with the company (which is really two people, husband and wife) that arranged the trips. She paid £250 deposit and all plans were very informal and friendly over email with the friend. She assumed that the deposit would secure her place, and if she pulled out, she'd lose the deposit. She was never asked to sign anything or acknowledge terms and conditions.

A couple of weeks before the trip, my friend had to pull out as her work circumstances made it almost impossible to go - it would have permanently and seriously damaged her career to take the time off as planned. So, she cancelled the trip, thinking she'd lose her deposit but accepting that as a loss.

The company is now threatening her with legal action to pay the full amount of the trip (another £750 on top of the £250 deposit). The company initially said that if she paid the remaining £750 she could go on a trip later in the year. My friend asked if she could go early next year as no other dates suit, but they said no and are now saying she's in breach of contract and they will pursue her for the remaining £750.

My friend didn't sign anything and wasn't told that she'd have to pay the full balance if she pulled out. She has now looked at the company's website and sees that it does say this in their small print. But she was never directed to this or emailed anything to that effect.

Legally should she pay? Morally should she pay? Over to you!

Tbh, only a shit solicitor says they’re a ‘practising solicitor’ to scare someone

Even if he is a solicitor, so what? Takes a few minutes for anyone to file a, what is it now, N1 claim form?!

I’m surprised people would only expect to lose the deposit if they cancelled a holiday two weeks beforehand.

I also think that if the cancellation policy is on the website then I’d feel morally obliged to pay.

I think your friend is being a bit cheeky really.

If I were her I’d try and come to some agreement with the company. Maybe some sort of compromise.

You need to ask your friend:
(a) to print out the paper work she has on the holiday ie the emails from her friend etc
(b) who was the deposit paid to ie the friend or the company or was it paid in cash
(c) did she get a receipt for the deposit from her friend or the company and details of the date the balance was due
(d) as she is being asked for the balance of the money by the company did they just write a letter asking for the money or did they send the booking details in your friends name or hers.
(e) Was it a hotel room or an all inclusive holiday

We don't know exactly what happened or whether there is a debt due. It is odd your friend hadn't been asked for the money earlier

wonky
In the absence of being given Ts and Cs then I'd only expect to lose my deposit on something.

If you make a commitment to buy something you obligate yourself to the cost whether you have actually paid out or not. A contract might have less severe terms in it, but they would be a move away from the default (that you owe the total). So if she and the other party haven't actually signed anything saying she won't have to pay in certain circumstances, then she should pay.

That's the way I would think of it (though I would be loathe to pay for a holiday I couldn't attend). But these are my expectations rather than a thorough understanding of contract law so I would suggest, as others have, that she seek legal advice.

Wow some. Good advice here - the 'solicitor' doesn't realise he is dealing with a hive mind hahahaha 😂

tbh most people who start blustering about solicitors, are full of shit.

Also, 'I am a practicing soliicitor' would only be said by someone who wasn't, wouldn't it?

^Please could you I ask you to forward me a copy of the email in which you sent me the relevant terms and conditions that require me to pay the additional amount, or the contract in which I committed to this.
^

Surely the contract is where they say "The holiday costs X" and you reply "That sounds great. Book me a place!"

This late in the proceedings I think your friend should pay (morally and legally). The holiday was booked by your friend's friend in good faith and it is now too late to pull out. It is not the company's fault that your circumstances changed.

It is very naive of her to think that at this late stage she would only lose her deposit. That fact that she has paid a deposit would suggest a contract if some sort - not sure of the absolute legalities of it.

I agree with this and I think its very naive of the customer to expect people to believe she got to adulthood not knowing that if you cancelled a holiday there's a very good chance you would end up having to pay for the holiday regardless either in part or in its entirety.

Agree with BoomBoomsCousin. The agreement was that they would provide you with a holiday for X amount of money. You owe X amount, regardless of when they decide to collect.

Also, it’s a breach of the SRA Code of Conduct for a solicitor to use his position to intimidate...which he is now doing. I’d hit the fucker with that.

Was going to say the same thing, I've just had to do a refresher of my ethics training.

So assuming she was going to go on the trip when was she actually going to pay? Did she think that the deposit held her place until she rocked up at the airport? If she had paid 6 weeks prior which is standard would she still have cancelled? Maybe the t and c weren't that clear but she still owes the money. Next time cancellation insurance might be a good idea.

Yes she should pay, I'm surprised that a couple of weeks before the trip she hadn't already been asked for the full amount anyway. A large company such as TUI. Has a strict cancellation policy and two weeks before she would be expected to pay the full amount or near enough. I can't understand the cf comments and they wouldn't get a dime comments. They haven't done anything wrong here, they will be out of pocket and your friend is the cf if she refuses to pay!

Agree with sunny. This is why travel insurance includes cancellation cover. Why should the company be out of pocket due to the customers flakiness? Surprised she thinks she can waltz away from such a commitment on 2 weeks notice. Don't think their terms are unreasonable either. They should have got full payment earlier

Practicing solicitor my arse, I’d be saying that’s good because I’m currently consulting one.

I wonder if it was implied that your friend knew the T&C through the friend that works there. Awkward situation for friend.