Small claims - dispute with ex

[laurence_kt]

Hello,

I hope someone can offer advice as to whether I might have a case via the Small Claims route.

I was in a short relationship, and agreed to go on holiday. The girlfriend booked it, and I paid her half the money via bank transfer the next day.

Soon afterwards, I decided that she was not for me, and she cancelled the holiday. I have since tried (politely) to ask for the money back. I have said that I'm willing to pay for her portion of the lost deposit so that she is not out of pocket, and any remainder be returned to me.

She initially agreed to this, but has since said that she's keeping the lot; her justification is that she took time off work to go on holiday (in three months time), won't be able to get the work rescheduled (hmm), and that I owe her for loss of wages.

Is this the kind of thing that Small Claims procedure can deal with? And do I have a hope of winning, with documentation from some fun emails that have gone to and fro?

Many thanks, I hope someone who knows about this can offer some casual advice.

Laurence

[stevemLS]

Re: Small claims - dispute with ex

I think where you will struggle is that for there to be an enforceable agreement there has to be an "intention to create legal relations".

This type of social/domestic arrangement often fails on that basis. I don't suppose anything was written down?

[laurence_kt]

Re: Small claims - dispute with ex

Thank you for your reply.

There is an email chain only, indicating it was a shared holiday; there's evidence of my bank transfer; there are some email replies offering me a very rapidly decreasing refund. Hmm, doesn't look good?

[stevemLS]

Re: Small claims - dispute with ex

Not brilliant, no.

None of what you mention helps with the first stumbling block I mentioned.

How much are you talking about? Only you can decide ultimately whether you want to push it to the point of court action.

There is a bit of discussion and some brief case summaries here http://www.lawteacher.net/cases/cont...tion-cases.php in my view the facts you describe fall squarely into this category of case.

Sorry!

[FlamingParrot]

Re: Small claims - dispute with ex

This is a slightly different situation, involving a boyfriend and a loan, but may be useful: http://www.thisismoney.co.uk/money/e...-000-loan.html

The article refers to £3000, can I ask how much money you would be seeking to recover?

[laurence_kt]

Re: Small claims - dispute with ex

Thank you.

The overall cost was £808 to start with, I'd claim £160ish, after offering to pay for the hefty lost deposit so that she's not out of pocket. It's not a lot in the grand scheme of things, but impacts my holiday fund for my daughter this year.

From what you're saying I suspect that it wouldn't get to court, due to lack of a legal basis to the transaction. I'll think further on that. I'd possibly have better luck with mediation, but of course would need to consider the costs of that very carefully.

I will fire off a letter before action anyway; nothing to lose with that other than half an hour's preparation and a first class stamp. I might leave it at that.

[stevemLS]

Re: Small claims - dispute with ex

I think generally the advice is not to send LBA's unless you are prepared to follow through.

In this particular set of circumstances, though, it might be the best (only) course of action. I certainly wouldn't bother taking court proceedings with little if any supportive evidence.

For what it is worth, based on what you have said, my view is that you have behaved perfectly honourably and she less so. I guess that's what happens when people split up!

[FlamingParrot]

Re: Small claims - dispute with ex

I think generally the advice is not to send LBA's unless you are prepared to follow through.

It is, however, that doesn't stop people (including solicitors) sending them, and there isn't much you can do about it either. I've received quite a few LBAs but no action was taken, however, when I sent one myself last year I DID follow it through. :thumb:

[MissFM]

Re: Small claims - dispute with ex

As a matter of interest - do you have any evidence that she did indeed cancel the holiday and isn't just taking her new squeeze at your expense?

And why should you have to pay for any "loss of earnings" for time off that was presumably booked at her convenience and may still be taken?

Of course she owes you the money and I guess that even if the emails you have to confirm the joint payment might cause you both some embarassment it's worth an LBA and even following through if that doesn't do the trick - the only reason not to send one would be if you thought it would jeopardise future friendship. But then who wants a friend who effectively steals from you x

[stevemLS]

Re: Small claims - dispute with ex

The reason I would say not to issue proceedings is the very low risk of succeeding based on the lack of intention to create legal relations and, therefore, the risk of throwing good money after bad.

The only chance, in my view, of success is if she failed to deal with it and so a summary judgment was obtained.

[laurence_kt]

Re: Small claims - dispute with ex

I don't want to fill the forum with the ethics of the situation, but needless to say MissM I agree with you entirely! I've been exceedingly polite so far, sickeningly so, and therefore there's no embarrassment in store for me.

I sent an LBA yesterday, asking for documentation that the holiday has indeed been cancelled. If the LBA fails, I probably won't issue proceedings (based upon the advice offered kindly above), though I'll investigate possible costs further.

Incidentally, if an LBA is sent recorded delivery, yet isn't collected and signed for, does it count as being issued? Or do I need to hand-deliver?

[dan_1207]

Re: Small claims - dispute with ex

Is there a reason why you're trying to evidence a contract? Not every claim for money needs one. It's unjust enrichment; the OP stands a good chance at showing why he's entitled.

[stevemLS]

Re: Small claims - dispute with ex

For a claim of this value, if you issue online, it will cost £25 with a further £25 payable if a hearing is required (only if she defends it) - you can add those costs to the value of the claim if successful.

Do you know whether she would be able to pay if she lost?

[laurence_kt]

Re: Small claims - dispute with ex

Thanks Steve. Yes, she's salaried through the NHS, no problem there.

That's not bad! This is a great track for making legitimate claims, really accessible. For £25/£50 it might be worth it. Although it's a small claim, I don't want to let her get away with it. I'd feel like a doormat if I did.

[dan_1207]

Re: Small claims - dispute with ex

I'd advise against recorded delivery as non-service argument can win. Use first class and rely on the deemed service provision in the Civil Procedure Rules.