To have sen demand letter to ex?

[parsleydog]

Not me but my friend.

Recently broke up with someone with whom he had been on holiday. He paid for most stuff (hotels, most meals, trips, activities, hire car, one of her flights etc) on the trip.

She agreed, before they broke up, to split accommodation costs and some food costs and said she’d pay him back at the end of the trip.

Then they split up pretty much straight away, got home, he sent her a message breaking down the costs and showing her what she owed (£1.2k). She then sent him a message 2 days later splitting up with him, and she hasn’t paid him back. He’s followed up and she’s ignored him.

He’s now sent her a letter (10 days after they got home) threatening court action if she doesn’t pay him what she promised. But now he feels bad and like he shouldn’t has done this.

Was he being unreasonable to have sent the letter?

I said I’d consult Mumsnet….

If she is issued with a small claims court claim it had the potential to affect her credit rating, especially if she still doesn't pay.

It isn’t true @parsleydog . If no date for repayment is stated then a loan (which is what this is in substance) is general interpreted as repayable on demand on reasonable notice. I would therefore write formally giving say 2 weeks to repay, send one reminder then start court action. Make sure she knows no further notice will be given and he will look to recover costs on top (not sure he can as not my area but pressure can only help and seems fair he shouldn’t be out of pocket).

Again, this is strange advice. They are not bringing a huge cival law suit. And an agreement in writing is considered legal. Citizens advice has printable advice in their website.

Nope, he wouldn’t at all. Like others, I’ve used small claims court several times and wouldn’t hesitate to use again. Screen shots of WhatsApp’s messages and maybe 30 mins of filling out the online forms. Very low cost which you get back if you win

I took Vinted to small claims and won without any legal help

But Vinted is very different due to the nature of what it is. The contract is implied when buying and selling on a site specifically for buying and selling.

Op whatapp messages are deletable. Make sure he saves them independently so she can't delete the proof he needs that she agreed to pay. I would include the wider holiday context messages too just in case she claimed she wanted a cheaper holiday. Also the break up text showing that they separated AFTER he requested payment.

I've also done small claims and it was very straight forward and affordable. Don't bother with legal advice, he has everything he needs.

He is not unreasonable and she is a dick for agreeing to pay half and then going back on that.

If I was him I'd go down small claims route if I could afford to potentially not win.

I'd hope the small claims would spook her into paying.

I'd basically take it as far as I could afford to "loose" money wise on the principle of the fact she should pay it back, even if that cost me some money. I'd want her to have negative consequences too, such as affected credit rating or being made to pay it back. She went on the holiday under that agreement and should stick to it

It would cost £80 to take it to small claims court which would be recovered with the debt.

If he has enough evidence otherwise it won’t be that cheap by any means, and providing we are hearing the full story. For example, what happened on this holiday, or what could she say happened? Sometimes you just have to pick your battles.

For £1200 I would risk the £80

This isn't true at all, FYI @parsleydog .

A verbal contract is just as valid as a written one (the problem is having evidence, but you only need balance of probabilities, and you said your friend has text messages), and all the terms not explicitly stated would be deemed to be "reasonable" ones - so maybe a few months for a holiday, not at all forever.

If he has already sent a formal "letter before action" - which he needs to do - and she hasn't responded in the time specified, I would suggest he issues the claim in the money claims online portal. It wouldn't cost that much for £1.2k, and having actual proceedings started does tend to get people to focus and pay up.

I've done this for friends who had freelance/self employed work and people thought they'd be clever and not pay. Usually trades, so no written contracts there either.
It works well, it's reasonably fast, and it has a pretty high success rate. I think he should, she's just taking the piss.