Holiday cancellation (I think), booked to go with a friend

[Mumsfriend]

Hey,
Would really appreciate some help.
I agreed to go on holiday with a friend. We agreed that I would book and she would pay. It was a package deal via TUI.
I booked it and paid for it, and she transferred the money.
The deposit has been paid the rest due by 1st June, almost 500.00 still to be paid.
The friend has sent me a letter to say please let me have my money back Re holiday. If I don’t receive within 5 working days I will process through small claims court - letter came out of the blue.
I have tried to phone, text from different numbers (for if any issues), emailed and even knocked on her door (she was home), she didn’t answer the phone, texts or emails.
I don’t even know if she wants the holiday cancelled the letter states nothing but give me back my money.
The cancellation fee is 400.00, which has already been paid. She has paid me nearly 500.00 for the holiday and asking for it back. I haven’t cancelled and although she hasn’t confirmed cancel, it does sound like she no longer wants to go.
I have said to her in texts/emails/hand posted letter I will pay half of the cancellation fee of 200.00 and she should pay the Other 200.00 and will then give her back the rest, however she has ignored me.
What do I do?

Agree with @allergyhelpnewbaby send it again recorded delivery and keep proof of signature

You need to write to her now to say that, as you have heard nothing from her despite numerous attempts to contact her, your original offer is withdrawn. Say that you now propose to cancel the holiday and send her back her £100, being the original amount she paid less the cancellation fee which is clearly her responsibility. Tell her that unless you hear from her to the contrary by, say, 10 a.m on Monday that is what you will be doing. Also say that in the event that she takes you to court you will of course be providing copies of all the correspondence and evidence of your attempts to contact her to the court and suggest that, for her own sake, she gets some legal advice.

Cancel before 1st June if the cancellation fee goes up at that point (sometime they are tiered dependent upon how close to departure date you are).

Send her £100 back with a note saying deposit minus cancellation fee. You shouldn’t have offered to pay half, you would not have incurred a £200 loss had it not been for her actions.

If you go to court say that you offered it initially to be kind but considering her lack of communication and manners you withdrew your goodwill gesture.

Jeezo, she sounds batshit - some friend!!

Cancel it asap. You won't be going with her anyway so best to get back what you can asap. If she has paid you nearly £500 and the cancellation fee is £400 for you both, then give her back the balance which will be less than £100. No reason you should be out of pocket when she can't even be bothered to take your calls. She sounds like an absolute cunt by the way. Don't ever have anything to do with her again. The fact she has threatened small claims court without first explaining the cancellation and asking nicely for some money back, speaks volumes about her.

I think I would be writing to her to ask her to confirm whether she wants to cancel the holiday and explain the terms and conditions of doing that ie cancellation fees. Send the letter recorded delivery and set a time limit for her to reply. Depending on her response you will know what to do. If she does want to cancel, deduct the £400 cancellation fee and return the remaining £100 to her. If she doesn't respond, up to you whether you cancel her place or try to fill it, depending on whether you are able to. Either way she isn't going with you.

She has put you in a difficult position and I suspect the small claims court threat is a bluff as she has entered into a contract with the travel company by paying you the £500 which you are obligated to forfeit £400 for a cancellation. I believe the minimum amount to claim at court is £500 and under the terms of the booking you are only able to return £100. By writing to her, you are being reasonable in trying to resolve the issue.

This sounds like the sort of 'friend' you don't need.

Why do you have to cancel? Cancel her holiday, keep yours, minus the cancellation fee + any single person surcharge and give her any remaining.
You keep your holiday and don't lose anything, she cancels, she gets a bit of the money back.

I agree with everything that @Acis said

Don’t split the cancellation fee. She should pay it all. If there’s a good reason for her to cancel she can take that up with her insurer.

Is there anyone you’d be happy to go away with/share a room with? If so, price up the cost of changing the name on the booking.

Wait (apologies if this has already been raised)

If this is truly out of the blue, genuinely not because of a fall out are you not worried about your friend?

Does she live with a bf/dh who could be coercing/controlling her? Especially as she won't answer the door?

I have skimmed through the posts and can't see this being discussed as a possibility so maybe I've missed it being ruled out?

What Acis says. Do that.

are you not worried about your friend?

Of course OP is worried, that’s why she’s been trying to contact this “friend” in any way she can

Sod all she can do if she’s not getting a response.

It's last minute, but can't you find someone else to go with, see how much it will cost them, and refund your 1st "friend" minus any admin or any charge?

No idea if it's possible but your "friend" is taking the absolute piss, you are more than nice to offer to split the cancellation fee.

acis answer is very good

I would do what Acis suggested, I'd also speak to citizens advice too so you know completely where you stand in the event of it going to court.

Really weird. Do what Acis says.

Very bizarre def withdraw the offer of paying half

Yep, what Acis said, she speaks sense.

Your friend sounds awful - her refusal to engage and threats towards you are proof of her being not a 'friend' worth having. Sorry OP . Hope you get another chance to go away with someone nice.

Have you been having normal communication up until that letter arrived? Normal chatting, texting, meeting up? And then that letter turned up and she's gone silent on you? Or have you had a bit of a cooled off phase in your friendship without any communication?

It just seems so odd.

Acis advice is spot on only thing I would add is getting proof the letter is delivered so I would send it recorded delivery or a like.

It's super bizarre that a friend would send a letter threatening legal action before even talking to you.

She sounds unhinged. I would take the cancellation fee out of her portion of the money and give her the remainder.

In order to take someone to small claims you need there to be a legal issue.

For example if a freelancer sent an invoice for work completed and the company never paid. Or you pay for something and it doesn’t arrive. That sort of thing.

She doesn’t have a contract with you for this.

Basically she doesn’t stand a chance in small claims.

Have you fallen out? Why can't she speak to you like a friend would.