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Small Claim Court - Damage to holiday let rug

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  • Small Claim Court - Damage to holiday let rug

    Hi,

    I haven't found any help specific to my situation, so I've joined to post.

    I have received a Court Claim and Particulars Of Claim through the post today. It relates to a 3 night stay at a holiday let over a weekend last year.

    No security deposit was taken. No inventory was produced or signed. No check-in / check-out took place.

    The owners have alleged that during our stay, we caused a burn to an expensive Indian carpet, which they have had repaired at a cost of £520. After we left, they allege they found a poker lying on the rug and upon lifting it up, discovered the burn mark. Out of the 6 guests, no-one recalls mis-placing a poker on the floor. This poker is for a wood burner, which was used during our stay.

    We made a 'Without Prejudice' offer of goodwill to meet halfway (£260) - purely to keep a good relationship, be amicable, with the hope of returning this year. They declined the offer and have now taken court action.

    This was our fourth visit to this particular holiday let with no trouble ever before. The POC contains a timeline of events (from booking the let, to the claim submitted), one extremely poor quality photo of the burn mark (which isn't dated) and then goes on to make defamatory comments about our alcohol consumption, ending with saying we were negligent in our behavior.

    My layman view is they have no solid evidence to prove it was us that caused damage to the rug (no signed inventory, no dated before and after pictures of the rug). I was going to reply to the form stating "
    This claim is neither admitted nor denied. I require the claimant to prove this claim with evidence", and leave it at that.

    I'd like to point out that none of us feel responsible - we are all honest, hard-working people that would admit any wrongdoing. It feels like its our word against theirs. I also feel gutted we even made an offer to help with half the cost now they have gone down this route.

    What are your guys thoughts?

    Cheers.
    Tags: None

  • #2
    Re: Small Claim Court - Damage to holiday let rug

    Hi slash1551, welcome to LB.

    First things first; have you filed acknowledgement of the claim with court yet?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Small Claim Court - Damage to holiday let rug

      Hi - thank you. I've been browsing all day and there is a lot of great info here!

      I haven't yet, no. I understand I have 14 days from today to do it? To me it is clear cut, hence my urge to send such a basic defense of "This claim is neither admitted nor denied. I require the claimant to prove this claim with evidence"

      Comment


      • #4
        Re: Small Claim Court - Damage to holiday let rug

        If the claim was via MCOL, acknowledgement should be within 19 days of the claim issue date (14 days + 5 for deemed service).
        Then a further 14 days to submit your defence.
        It's not a good idea to submit a bare denial, but, from what you say, the POC can be trashed easily enough.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Small Claim Court - Damage to holiday let rug

          The claim was via MCOL. So your advice is to acknowledge the claim, instead of submitting a defense in the first instance?

          Comment


          • #6
            Re: Small Claim Court - Damage to holiday let rug

            I would, if it were me......with no dialogue at all in the defence box.
            Do you have access to any T&C's concerning the agreement/contract?
            On their website, maybe?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Small Claim Court - Damage to holiday let rug

              **EDIT**

              T & C's now included in POC attachment further down this post. Tidied for ease of reading.
              Last edited by slash1551; 12th May 2017, 10:30:AM.

              Comment


              • #8
                Re: Small Claim Court - Damage to holiday let rug

                Ok.

                Next question; could you post up, or type verbatim, a copy of the PoC? (Remove/redact any personal identifiers?).
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Small Claim Court - Damage to holiday let rug

                  Not very quickly tonight, but I can tomorrow!

                  Comment


                  • #10
                    Re: Small Claim Court - Damage to holiday let rug

                    Originally posted by slash1551 View Post
                    Not very quickly tonight, but I can tomorrow!
                    Ok

                    That will give us a better idea of what they are claiming, why they are claiming it & possibly what evidence exists which (they reckon) supports their contentions.

                    Oh, & btw, an idea of what they are not saying, which can sometimes be just as revealing!
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Small Claim Court - Damage to holiday let rug

                      First redacted scans attached - more to follow...

                      **EDIT** - will compile into one document rather than several pages!

                      Comment


                      • #12
                        Re: Small Claim Court - Damage to holiday let rug

                        Ok I have attached everything as one PDF document which makes easier reading.

                        A point: not all correspondence is included in the POC (our without prejudice offer isn't - not sure how important this is?) I have attached it anyway as a word doc.

                        Please let me know what you think of our position.
                        Attached Files

                        Comment


                        • #13
                          Re: Small Claim Court - Damage to holiday let rug

                          Have they provided you with the Full and Detailed Particulars ? ( guessing not yet ) So you won't be able to work on your defence until those are received.

                          Do you have a copy of the booking agreement ? (so we can see what clause 16 says)

                          limited claim to £500 / Insurance Deductible etc etc isn't a particularly sound basis of a claim. If they have had the mending of the rug paid for by insurance why are they suing you.....

                          They've said it's £500 as thats what insurance is and court fees, but then they add court fees on....

                          Your without prejudice offer won't be in the claim, and can't be used in court, as it is without prejudice. It also means they can't go to court and say you've accepted liability by making an offer as you made it without prejudice. So I'd not worry any further about that. Your offer is withdrawn now they have taken court action. ( It's a decent letter btw )
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Small Claim Court - Damage to holiday let rug

                            Hi Amethyst - thanks for taking the time to read and help. In answer to your questions:

                            I received the Claim Form on the 9th of May and Particulars of Claim on the 10th May. Nothing else.

                            Booking agreement is the last pages of the POC I attached.

                            Their insurance excess is £500, which is I assume why they are claiming that from me. My understanding is they didn't have it repaired via insurance.

                            If that is the case, why have they included our offer to settle within the documents so far?
                            Last edited by slash1551; 12th May 2017, 11:06:AM. Reason: Missed a point.

                            Comment


                            • #15
                              Re: Small Claim Court - Damage to holiday let rug

                              Ahhh that's my fault I didn't notice the additional pages on the PDF ! Doh ! Reading through them now
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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