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    flammingstarr's Avatar
    flammingstarr Posts: 1, Reputation: 1
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    #1

    Oct 29, 2012, 08:42 AM
    Please help, my friend owes me money & refuses to pay it back. Legal action?
    Hi,
    I am hoping that you will be-able to help me.
    My friend and myself have been friends for years and we have been on holiday together previously 5 years ago.
    We decided to book a holiday for June 2013 to give us something to look forward to and give us time to save/pay the balance bit-by-bit.
    At the time she was a little short of money and I had been working lots of hours so had a few very good wages so we booked the holiday and agreed that I would pay the deposit and some money off the holiday and she would pay me back at/around Christmas when I would be struggling.
    Now we have fallen out and she is refusing to speak to me even though I have sent her several e-mails/texts trying to resolve things, I even sent a cute card, friendship bracelet and keyring in the hope we could sort things out.
    She is now totally refusing to pay me any of my money back despite me threatening her with Small claims court.
    I have just sent her a final e-mail saying she has 72 hours to pay the money back or I will be making a claim to SCC. I have evidence of all of the payments I have made and texts/e-mails to prove that she owes me the money.
    I have paid a total of £400 of which £350 was the deposit. I have spoken to the holiday company and I stand to lose £350 of the balance, the deposit.
    If I take this matter to SCC, I will be claiming the full amount that I have lost - £350.00 plus whatever it has cost me to bring the matter to court. [Total approx £450.00] Would I be allowed to do that or only claim a proportion of my losses?
    I don't know what to do, but it is clear that she is not going to pay me back and I can not afford to lose this money. My work hours have been cut, I am now working p/t and she is working full time, she earns more money than I do. Any advice would be much appreciated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 29, 2012, 11:03 AM
    You can claim your losses as well as the costs of suing.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 29, 2012, 11:16 AM
    ... I will be claiming the full amount that I have lost - £350.00 plus whatever it has cost me to bring the matter to court. [Total approx £450.00] Would I be allowed to do that or only claim a proportion of my losses?.
    £350.00 was the deposit for both of you? I suspect you will only be able to get a judgment for her portion, plus your court costs. So it would be £175.00 plus ~ £100 = ~£275

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