Booked a friend's flight now she wont pay me for it. What can I do?

[jukebox333]

Perhaps the OP was the perp, not the victim!

 

[harvyk]

At this stage, if I were the OP, I would send a "letter of demand" to the person who directly promised to pay (e.g. Sample letters of demand - LawAssist : Lawlink NSW) (Adding the cost of sending by "registered mail" to the total amount owing.)

If the time period expires without payment, it is a very simple procedure (in most states) to make an appointment to speak with the registrar at the small claims court/tribunal, at which time you would tender your evidence of claim & letter. If the registrar thinks that you have a valid case, you will be issued with a written summons to serve the "former friend" with a hearing date, your court costs will now be added to the amount owing, and interest chargeable from that date onwards. (You do not need to involve lawyers.)

Then three things might happen -
- they pay up (or you reach an agreement to pay - personally I wouldn't accept an installment plan, as they will inevitably miss a payment and you have to go through this whole process again), and you advise the registrar that you have reached a settlement prior to the court date.
- they (and you) turn up at court, and your case will be heard
- they don't turn up at court (and you do), and the court orders the sheriff to seize property from their home to the value of the outstanding debt (which goes to auction, and you are paid what you are owed).


http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-letter-of-demand/

I was under the impression that for a small claims court, the recovery costs can not be included in the amount. That said, registered post = about $10, and I believe it costs around the $20 mark to get the small claims court involved, although so as they say, if you lose a friend for $20, it was $20 well spent.

 

[rechoboam]

I was under the impression that for a small claims court, the recovery costs can not be included in the amount. That said, registered post = about $10, and I believe it costs around the $20 mark to get the small claims court involved, although so as they say, if you lose a friend for $20, it was $20 well spent.

If you go on Judge Judy, the TV network covers all costs as well as the "penalty" imposed, eg if you trash someone's car and lose the judgement, the $5000 you owe the owner doesn't come out of your own pocket at all. It's a private setup where all the participants just sign contracts saying they agree for someone to make a decision, it is not a court in any way.

 

[Craigie]

If you go on Judge Judy, the TV network covers all costs....

Ok, reference?

 

[rechoboam]

"

In order to give each party an incentive to appear in syndi-court, as opposed to
settling their dispute in state court, the syndi-court’s production company will pay the
judgment on behalf of the defendant if he or she loses. If the syndi-court judge finds for
the defendant, each party is paid a fee for appearing on the show. On some of the shows, the parties receive the appearance fee, regardless of the outcome. A defendant
who thinks he or she has a bad case has a great incentive to appear on the show, since the
appearance itself absolves any personal liability"

from American Bar Association website http://www.americanbar.org/content/dam/aba/migrated/dispute/essay/syndicourtjustice.authcheckdam.pdf

 

[Cruiser Elite]

If you go on Judge Judy, the TV network covers all costs as well as the "penalty" imposed, eg if you trash someone's car and lose the judgement, the $5000 you owe the owner doesn't come out of your own pocket at all. It's a private setup where all the participants just sign contracts saying they agree for someone to make a decision, it is not a court in any way.

Ah my post re Judge Judy was indeed a joke - am I the only one here who sees similarities between this thread and 'JJ cases'

 

[Austman]

7 pages of suggestions and no follow-up from the OP on what Qantas has said.
I wouldn't be surprised if this is one of those threads where we never find out what happens...

Yes I would not be surprised either. Another example of new posters asking for serious advice and then failing to report back on what they did... Oh well, make of them what you will. Beware low post number posters!

 

[MAX_1]

Another example of new posters asking for serious advice and then failing to report back on what they did... Oh well, make of them what you will. Beware low post number posters!

Regardless if OP reports back or not, the scenario posed did create some interesting solutions.

 

[Julesmac]

Regardless if OP reports back or not, the scenario posed did create some interesting solutions.

Indeed, Max. I imagine this problem has arisen before? I'd be very interested to know which of the AFF-ers suggestions are possible in this scenario (regardless of whether it's a genuine thread)- name changes, cancellations, etc. when the traveller is not the person paying. I wonder if, like many other situations which arise, it can come down to the nice/nasty person you snag on the end of the phone!

 

[Travel Guru]

Indeed, Max. I imagine this problem has arisen before? I'd be very interested to know which of the AFF-ers suggestions are possible in this scenario (regardless of whether it's a genuine thread)- name changes, cancellations, etc. when the traveller is not the person paying. I wonder if, like many other situations which arise, it can come down to the nice/nasty person you snag on the end of the phone!

Speaking generally it really depends on the fare type booked.

If there fare's non-refundable as I assume it is on the OP's case then there's not much can be done, if it goes in credit it needs to be used in the pax name anyway, no name changes allowed.

If it's a refundable fare we're talking about, as the person who has booked and paid for it, they're well within their rights to cancel the booking, incur the cancellation penalty and pocket the balance of the refund.
Irrespective of the fact it's in someone else's name, if they paid for it, and havent been reimbursed then they're free to do what they like with the booking.

TG

 

[paul.s]

Speaking generally it really depends on the fare type booked.

If it's a refundable fare we're talking about, as the person who has booked and paid for it, they're well within their rights to cancel the booking, incur the cancellation penalty and pocket the balance of the refund.
Irrespective of the fact it's in someone else's name, if they paid for it, and havent been reimbursed then they're free to do what they like with the booking.

TG

Happened to me last week. Booked and paid for some flights for another person on a fully refundable and fully flexible fare. QANTAS advised that a refund or name change could only happen with the wrtitten permission of the ticketed person.

 

[Travel Guru]

Happened to me last week. Booked and paid for some flights for another person on a fully refundable and fully flexible fare. QANTAS advised that a refund or name change could only happen with the wrtitten permission of the ticketed person.

That's interesting, must admit its been a year or so since I've had a client in that situation so they may have changed their requirements in that time, though also suspect if you'd booked it through a TA it wouldn't be an issue (I certainly wouldn't require pax written permission from a client, especially a corporate, its their money and its up to them what they do with the ticket, not the pax).

Bit OTT of QF in my opinion, if you can prove you booked and paid for it there shouldn't be a problem; always remember the case of the client who booked an ex-Europe flight for their 'long lost mother' only to find out it was a scam and promptly submitted it for a refund, not the kind of situation where you can easily gain the passengers written permission.

TG

 

[paul.s]

OTT - totally agree. T'was a business sale fare and only had two seats left at the sale price. Couldn't contact the travellers for their okay due to time zone difference but didn't want to lose the seats, hence the executive decision and the direct query to the QF staff on the other end of the phone.

 

[Austman]

Happened to me last week. Booked and paid for some flights for another person on a fully refundable and fully flexible fare. QANTAS advised that a refund or name change could only happen with the wrtitten permission of the ticketed person.

In June 2011, I booked and paid for 2 tickets (for myself and one other) on the Qantas website. So it was one PNR but 2 tickets. We cancelled the return part of our flights because of flight disruptions due to the ash cloud. I received, separately, the refunds for both tickets. The other person did not need to write to or even call Qantas. I cancelled both flights over the phone.

It's not quite the same situation, but if you know the PNR, (edit: and the passenger name!) you can cancel a flight.

It would be good to get the result of this particular situation.

 

[albatross710]

Recently booked a KF redemption for one of my nominees. Turned out they changed their mind. While I did get the taxes and fuel surcharge refunded the 5,000 miles is hard to recoup.

 

[dajop]

Recently booked a KF redemption for one of my nominees. Turned out they changed their mind. While I did get the taxes and fuel surcharge refunded the 5,000 miles is hard to recoup.

But the choice (for offline cancellations) is 5000 KF miles or $50USD. Should have chosen the later, and may have been easier to recoup.

 

[cove]

Where is doobynuts when you need nuts?? Or is it a real thingy??

 

[Julesmac]

Speaking generally it really depends on the fare type booked.

If there fare's non-refundable as I assume it is on the OP's case then there's not much can be done, if it goes in credit it needs to be used in the pax name anyway, no name changes allowed.

If it's a refundable fare we're talking about, as the person who has booked and paid for it, they're well within their rights to cancel the booking, incur the cancellation penalty and pocket the balance of the refund.
Irrespective of the fact it's in someone else's name, if they paid for it, and havent been reimbursed then they're free to do what they like with the booking.

TG

Checking back on doobynut's post he said it was a sale/non refundable fare. He maybe could bluff his way into getting the dough by telling the weaselly non-payer that he can cancel the tickets. I think others have suggested working on the daughter who's already paid. Ouch to kiss the remaining money goodbye though.

 

[sumthinfornuthin]

I see 2 issues.
If OP cancels the daughter's ticket then she might have a valid claim against him for the increased cost of a replacement ticket as it could be argued she has fulfilled her contract with the OP in that he bought her ticket and she paid him for it and her ticket is not contingent on the ticket for her mother and she has occasioned loss through his actions in cancelling the ticket.
Other issue is ...how does Qantas know whether in fact the mother did pay the OP the money in cash and the OP is trying to scam the mother ( I am sure that is not the case) however at the end of the day I reckon Qantas will stand on their dig and not refund or alter unless the PAX consents.
My $ 2 worth for what it's worth.
Irrespective of what happens a good lesson to be learnt whatever happens

 

[Austman]

however at the end of the day I reckon Qantas will stand on their dig and not refund or alter unless the PAX consents.

If you know the PNR and the passenger name, a phone call to Qantas will cancel the reservation. And as I know personally, refunds of even another passenger's ticket will be refunded to the credit card that paid for them.