Small Claim Court - Damage to holiday let rug

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Thanks @Amethyst - awesome!

We collectively as a group have decided to fight this til the end. Although it is in my name, we have all agreed to split the cost should we lose. But we're all confident that telling the truth will prevail.

So, do I have to write what you've detailed above in more detail or can it be used as is? How did you find out about the 3 bottles of wine - not that I'm interested in tit for tat...just curious.

@charitynjw - wow! Good spot! Surely if they noticed 1.000,000,000,000 bottles of alcohol in bins/on tables etc they would have used term #4?

It will need writing properly, I'll have a play as a starting point for you later on if you want.

Facebook is the key to all evils

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

That would be most appreciated, if you have the time and don't mind. All help from everyone is greatly received!

I take it from what you've seen, you think we have a fair chance of winning?

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

Were there any other guests in adjacent lets at the relevant time?

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

No, I don't think so.

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Ooo when was the last time the fireplace was used before you departed ?

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

We left on the Monday morning, so we would have used it last on Sunday.

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Very rough starting point - I'll come back to it a bit later on this evening so feel free to comment/add/reword etc - [MENTION=551]pt2537[/MENTION] can you have a look at para 1 as I'm sure you word that far better than I have. Also para 5 regarding Without Prejudice comms. Pretty please. ( or rip the whole thing apart if you like )

In the Northampton County Court Business Centre


Claim No. XXXXX


xxxxxxxxx
Claimant


and

xxxxxxxxxxxx
Defendant


Dated xxth May 2017

-------------------------------------

DEFENCE

------------------------------------

1. Due to the limitations of bringing a claim via the MCOL service the Particulars of Claim are not separated into paragraphs,therefore for clarity and ease of reference the Defendant has broken the pleadings into paragraphs as follows;

PARTICULARS OF CLAIM
1: xxxxxxxxx booked a weekend break for herself and five adults at xxxxxxxxxxx commencing on the 25^th Nov 2016 and paid £475 for this holiday.
2. During their stay the guests burnt a valuable Indian Rug by placing and leaving a hot poker on the rug.
3. Under Clause 16 of the booking contract xxxxxxx is liable to pay for the damage to the rug.
4: A goodwill offer of £260 was made by xxxxxxxx but was not honoured.
5: The cost of the professional repair was £520. The Plaintiff has limited the claim to £500 which is the insurance deductible for the property plus the court fee to enforce the contract.
6: I will provide the Defendant with separate detailed particulars within 14 days after service of the Claim Form.




2: Paragraph 1 is admitted. The Defendant booked a weekend break at xxxxxxxxxxxx commencing on 25^th November 2016 and departing on 28^th November 2016 and paid £475 to the Claimant for the holiday.



3: Paragraph 2 is denied. Neither the Defendant nor any other guest placed or left a hot poker on the rug.



4: ]Paragraph 3 is denied. Clause 16 of the booking contract does indeed state “xxxxxxxxxxxxxxxx “ However the Defendant denies any damage was caused and therefore has no liability to the Claimant for such damage.

5: Paragraph 4 is neither admitted nor denied. Without Prejudice communications should not be referred to in the course of litigation. The Defendant accepted no liability for the damage and made a simple offer as a gesture of goodwill. The Claimant turned down the offer.


6: Paragraph 5 is neither admitted nor denied. The Defendant believes the Claimant means her insurance excess for accidental damage was set at £500.


7: Paragraph 6 – The Defendant received further supporting documentation from the Claimant on xxxxxxxx 2017.


The Defendant responds to the Supporting Documentation as follows;

8. cmcvnxcmxncmxncmnx

9. djhkdfhsdjkfhsdfhsd

etc
etc

By reason of the above facts and matters it is denied that the Defendant is liable to the Claimant for the sum claimed in the Particulars of Claim or any sum.




Statement of Truth

The Defendant believes that the facts stated in the Defence are true.


Signed


Dated.


EXHIBITS.

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Thank so much [MENTION=6]Amethyst[/MENTION]! What does "not pleaded" mean please?

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

I too have to go out for a while.......duty calls!

Parting thoughts
Do you have any evidence of attending venues where a group of intoxicated revelers would not be welcome?
(Restaurants etc.......& receipts/photos etc).
Of those who may have driven, would they risk their license? (I'm thinking particularly re work commitments/loss of job).

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Ahh I just meant they haven't really said anything to dispute as it's just background bumpf.

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

Good afternoon, slash1551.

With ref to #9 & #16 of the T&C's.

No extra charges were imposed for any breach re extra cleaning.
Who would conscientiously go around cleaning/tidying, but fail to notice a hot poker smoldering on the rug?
Just a thought.

[pt2537]

Re: Small Claim Court - Damage to holiday let rug

my initial thoughts....................................

[pt2537]

Re: Small Claim Court - Damage to holiday let rug

There are so many issues in my view with this claim.

I cant see how they can say X or Y did it by leaving a poker on there, how do they know unless they did it? Secondly, if no checks are carried out there is a real possibility that they may well have overlooked this damage for a while.

I cannot see how, unless they carry out full inspections before and after letting with photo evidence taken each time, they could hope to prove diddly squat.

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

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

my initial thoughts....................................

Well, that sorts it!

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

[pt2537]

Re: Small Claim Court - Damage to holiday let rug

Well, that sorts it!

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

Well theres the problem, there can be no certainty as to what happened, and their pleadings are utter crazy hence my reference to Wibble