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Small Claims???

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lilbigbuzz

Guest
What is the name of your state? NY

I need some help as to where to start. I purchased a ticket for my niece (who lives in Georgia) to come and spend a month with my family in NY. The round trip ticket cost $218.00. This I bought her for her 16th birthday. Well a few days ago my sister told me to cancel the trip due to "behavior problems" and "bad grades'. She also told me she would pay for the ticket and the cancellation fee, which was 100% of the ticket package because less than 30 days were given for the cancellation, as per the airline policy. I have this in an email that she will pay for it $436.00. Where do I start? Is this going to be a problem because I live in NY and she in GA?
 


I AM ALWAYS LIABLE

Senior Member
lilbigbuzz said:
What is the name of your state? NY

I need some help as to where to start. I purchased a ticket for my niece (who lives in Georgia) to come and spend a month with my family in NY. The round trip ticket cost $218.00. This I bought her for her 16th birthday. Well a few days ago my sister told me to cancel the trip due to "behavior problems" and "bad grades'. She also told me she would pay for the ticket and the cancellation fee, which was 100% of the ticket package because less than 30 days were given for the cancellation, as per the airline policy. I have this in an email that she will pay for it $436.00. Where do I start? Is this going to be a problem because I live in NY and she in GA?


My response:

Start with what?

You said, "a few days ago my sister told me to cancel the trip". Okay, that only happened "a few days ago". So, what are you expecting at this point?

Your post is not clear at all.

IAAL
 
L

lilbigbuzz

Guest
My sister is very difficult to get money out of that she owes someone. When I ask "where do I start?" I mean should I file a small claims against her or I read in another post "write a demand for payment" How is that done?
 
N

nicolia

Guest
Not $436

You are only out $218. The airline will not charge you another $218 to cancel the ticket.

Which airline is it? Some airlines actually let you use the balance of unused tickets towards the purchase of new tickets.
 

I AM ALWAYS LIABLE

Senior Member
lilbigbuzz said:
My sister is very difficult to get money out of that she owes someone. When I ask "where do I start?" I mean should I file a small claims against her or I read in another post "write a demand for payment" How is that done?


My response:

Look, your sister isn't liable for the things you pay. All because she cancelled to allow her daughter to go to New York, doesn't mean she's financially liable to you. I'm failing to see your logic. You never mentioned a contract, or any conditions on that contract. As far as I can see from your posts, there is NO contractual "nexus" between her cancellation and your purchase of the tickets.

Sorry, but I don't see how she's responsible to you.

IAAL
 
L

lilbigbuzz

Guest
She told me to cancel the trip and I have in writing that she will pay me the cost of the ticket and the cancellation fee. The airline is thru vacation express. Boy you people are harsh!! I just want to know how do you write a demand for payment letter?
 

I AM ALWAYS LIABLE

Senior Member
lilbigbuzz said:
She told me to cancel the trip and I have in writing that she will pay me the cost of the ticket and the cancellation fee. The airline is thru vacation express. Boy you people are harsh!! I just want to know how do you write a demand for payment letter?


My response:

The only reason you think we're "harsh" is because you're not getting what you "think" you should be getting from us.

You don't understand contracts. She could "promise" to pay you all day long, and it still wouldn't matter. There was no "consideration" for her promise to repay you; hence, there is no contract, and hence, there is NO liability to repay you. You took a chance, and lost. No one is responsible to you.

We're not going to teach you how to write a "Demand Letter" - - especially since there's nothing "legally" for you to demand - - whether you want to believe me or not.

You don't have a valid, legal claim.

IAAL
 
L

lilbigbuzz

Guest
Maybe I don't understand contracts and that is why I am here. As I stated before...I do have in writing that she will pay me for the ticket and cancellation fee. I just want to be sure that she holds up her end of the deal. As far as what I "Think" I should be getting from you, I don't know that is why I am here asking advise. What does no "consideration" for her promise to repay me mean? I have in writing that she will repay me, and that is not considered a contract? She wrote that if her daughter could not come up this summer she would refund me the money. What am I not understanding here?
 

BL

Senior Member
This I bought her for her 16th birthday. [ quote ]

Does the word Gift ring a bell.
Because there is NO contract . You are trying to create one , after the fact.
 
P

Peety

Guest
doesn't sound like communication is .....

..... one of the strong points in your relationship with your sister.

I garantee dragging her into court is not going to improove that !!!

Call her, say something like, "That was a very generous offer you made in your letter !" "When you made that offer it surprized me, but since then, I've been making plans for when I do get your check, and I'm looking forward to getting it." When do you think that will be?"

Yes, she made an offer, maybe even a promiss, but that was "after-the-fact" probably more to console you than anything else. It wasn't part of an agreement made where you buy tickets and she does (such & such)..... So, in court I it could play either way. As a gift, and you're not entitled, orwwwwwwww as an accepted "Promiss-to-pay" yet unrealized.

I just don't think court is the right solution to this ...... JMHO.

Bottom Line: >> Did you learn anything? >> Then you are wiser now !!
 

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