10 Dec 2019

A question about : Someone trying to sue me for extortionate amounts

Right so I was responsible for cancelling someone's holiday tickets without their consent and they took me to court and I've always favoured an out of court settlement but claimant has never approached me prior to court.

The cost of the tickets would be around Ј800, he is claiming Ј4,600. Half of what he's claiming for is for stress caused. Will his case succeed? Will the judge order me to pay him that amount?! It's highly unreasonable of him to claim that amount, I've been advised by the travel agency that he's lost Ј596 in tickets...

thanks

Best answers:

  • Why did you cancel them?
    And yes- he's quite within his rights to sue for stress over the situation. He could also sue for his time taken to put the case against you, any costs including phone calls taking advice etc. Will it succeed? quite possibly, and if it does you will probably be liable for the whole costs claimed.
    Personally Im surprised your getting away with so little - on the face of it, though i dont know the whole story obviously.
  • Its difficult for anyone to advise as to whether his case is likely to be successful without knowing the full details of everything thats happened - which is obviously more complicated that what you have put in your post.
    Presumably this not actually been heard in court yet? When you received the court papers what did you put? did you deny the whole debt? or admit part of the debt but dispute the amount or what?
    Did you formally request that the hearing is at your local court so you can attend and defend against the claim or against the amount claimed?
    Its possible that he can claim for more than his actual financial loss - but it will depend on the situation, the reason you cancelled them, whether it was accidental or vexatious etc.
  • If he gave you a cheque that bounced, counter claim Ј4500 for a dishonoured cheque and defend the other as a vexatious claim.
    That will soon see the claim dropped.
  • If he has given you a bounced cheque you have a cast iron case to claim the Ј4500 cheque, put in a claim for the value of the cheque
  • Presumanly you can demonstrate that the cheque bounced - just with a copy of your bank statement? If he cannot prove he paid you again since that date (ie a receipt from you or a copy of a payment into your bank account) then the court should not assume it is paid. You say the case was dismissed - what evidence did he produce to prove that he had paid you?
    Back to his claim - you cancelling his holiday would seem to be vexatious. He may well have incurred further cost than just the cost of the lost holiday payment (eg possibly he booked time off work or arranged temp cover for his business etc that he would still need to honour and so his costs could be substantial) .
  • I'm confused...what right did you have to cancel his travel tickets?! Are you his travel agent or something??
  • Its friday, they are home....
  • You put on that you loaned the defendant the amount and he repaid this amount with a cheque which bounced, that the cheque was dishonoured and you request an order for the value of the cheque.
    The defendant will have to answer to the court why they are writing cheques that bounce and why if they claim they dont owe it they wrote a cheque in the first place.
    They wont be able to.
    You will need some proof of the cheque and a letter from the bank.
    Several issues here in one box, each egg needs to be taken out and hatched separately.
  • How did you manage to cancel his tickets?
    Sorry but I'm confused - if someone I knew booked tickets / holiday, I'd a) have no idea where they'd booked them in order to cancel them and b) did you pretend to be him? (in which case I *think* you may have problems if it goes to court as you have falsely impersonated someone)
Please Login or Register to reply to this topic