Small Claim Court - Damage to holiday let rug

[Kati]

Re: Small Claim Court - Damage to holiday let rug

Wibble is the culprit who, for some (as yet) unexplained reason, failed to smell the burning rug.

could be something to do with those things stuck up his nostrils

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Hi All - thanks for all the input over the weekend; some good points made. I particularly like the point of not invoking #4 of the T&C's which would have been appropriate with all the booze they have noted at several points of our stay (3m table filled top to bottom, bins full of empty bottles etc).

I have now acknowledged the claim online. Would someone be kind enough to help expand/finalise the defence laid out by @Amethyst with a view to file it online, please?

@pt2537 - with regards to your "wibble" likening; does the judge not base his decision on the balance of probabilities? The claimant must be able to persuade a judge that what they are alleging is more likely to be true than not?

[pt2537]

Re: Small Claim Court - Damage to holiday let rug

Hi All - thanks for all the input over the weekend; some good points made. I particularly like the point of not invoking #4 of the T&C's which would have been appropriate with all the booze they have noted at several points of our stay (3m table filled top to bottom, bins full of empty bottles etc).

I have now acknowledged the claim online. Would someone be kind enough to help expand/finalise the defence laid out by @Amethyst with a view to file it online, please?

@pt2537 - with regards to your "wibble" likening; does the judge not base his decision on the balance of probabilities? The claimant must be able to persuade a judge that what they are alleging is more likely to be true than not?

It seems to me the Claimant has to prove on the balance of probabilities you caused the damage. The difficulty i see with this, is if they carried out no pre / post inspections, then how can they show, even on balance, that you caused or allowed to be caused, the damage?

Hence my wibble comment,

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

The WP correspondence shouldnt even be in the Claim form, that part should be struck out as an abuse of process.

How would we word that in the defence ? I don't think an application is appropriate in this case as it's a low value so risking £255 probably isn't worthwhile.

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Hi All - is anyone able to help with the defence please?

[R0b]

Re: Small Claim Court - Damage to holiday let rug

Is it me or has a step been skipped? The Particulars of Claim make reference that the Claimant will send detailed particulars 14 days after service (service being 9th May by my calculations). So detailed particulars should have been sent to you no later than 23 May. Have you received these detailed particulars? In addition to that they must have also served an acknowledgement of service and emailed it to MCOL confirming this.

If you haven't then then I would consider submitting an application for strike out as they are already 2 days late.

In any event, your time limit to submit your defence does not begin to run until you've received the detailed particulars which I believe is 14 (or maybe 28 if acknowledged can't remember) days after the detailed particulars have been served.

This case Raayan al Iraq Co Ltd v Trans Victory Marine Inc was where the judge granted a retrospective extension of time to serve particulars after being two days late but that approach was severely criticised in Mitchell.

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Yes I have - post #12 has the Claim Form and Particulars of Claim uploaded within it.

I have acknowledged the claim with the court and now need to submit my defence.

[R0b]

Re: Small Claim Court - Damage to holiday let rug

But that is 'supporting documentation' which they rely on. It is not in any way detailed particulars of claim, it does not set out a concise statement of facts nor is in the correct format and neither does it comply with the CPR 16 or have a statement of truth.

So to my mind, they have failed to comply with the relevant provisions of the CPR and I would be minded to remind them to provide detailed particulars within the next 14 days and grant an extension of time to file your defence of 28 days otherwise have the claim struck out for failure to comply.

Or you can just crack on with your defence and accept their breaches.

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Sorry, you are correct. What would you advise?

[jon34]

Re: Small Claim Court - Damage to holiday let rug

Sorry I can't offer any legal advice as there are far more experienced people on here better placed to help.

I have looked through the claimants detailed p.o.c, which reads more like a witness statement. It appears to me that as the claimant does not carry out an arrival or departure check they can not provide strict proof as to who caused the damage, so are heavily relying on the negligence angle. In an attempt to prove this the claimant is trying to discredit your party based on alleged intoxication/ alcohol consumption.

I would consider this:

In the claimants p.o.c they claim that a 3 Metre oak table was full of bottles of wine, beer and spirits. Really! Because to put that in context a 3m x1m table would contain on average 300 bottles. Even if only half full it would still be 150 bottles. I would say an over exaggeration.

Where were these bins, mentioned in the claim sited and do the owners monitor them daily?.

Why, if the claimant is relying on intoxication as a cause of negligence not take photos of the bins on the day of your departure for evidential purposes ?. After all they allegedly contained a further 30 bottles.

I also see from the claimants p.o.c that the invoice for the restitution of the rug is quite vague,I also note that in the email estimate mention of a boot shaped mark and other work which may be required. Was this part of the original damage or unrelated ?. We dont know as the repair invoice is not sufficiantly itemised.

Best of luck.

[jon34]

Re: Small Claim Court - Damage to holiday let rug

Yes - that is the only photo of the burn we've received, both previously and in the POC. And yes, it is that pixelated.

I make that word out as 'sole'.

Photo's were taken, but none that show the rug very clearly. I have uploaded a pic from the website showing the rug in situ.

Dont know if its a deceptive angle but that sofa looks remarkably close to the log burner