Small Claim Court - Damage to holiday let rug

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Reading.... Well they shouldn't have included the 'Goodwill' offer in that at all. But by the by really.

I like the bit about being intoxicated... lol. Did you really drink 60 bottles of wine over a weekend ? That's 10 each !?!?! one good weekend

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

No worries! If anyone wants to do the maths on their greatly exaggerated alcohol consumption claim, it'd put an alcoholic to shame.

- - - Updated - - -

Heck no! I think we'd all be dead! Baring in mind one of us was pregnant at the time, that's 60 bottles between 5!!!

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

Are those bins outside?
Accessible to anyone?

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

Yes they are! But I must stress, we did not consume 60 bottles of wine over 2 days!!! Surely its for them to prove that anyway?

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Is that the only photo of the 'burn' ? Is the real copy all pixelated like that ?

The Invoice says...... " burnt areas of pile along one side, re-pile where needed along with rebinding the xxxx cord binding where burnt. " I can't make out what the xxx bit says?

Did you guys take any photos while you were there that might show the carpet/rug in them ?

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

Yes they are! But I must stress, we did not consume 60 bottles of wine over 2 days!!! Surely its for them to prove that anyway?

It would be a bit insane and is irrelevant really with regards the allegation of causing damage. The Defence can deny that but she's included it to put a mark on your character so should try back up denial - Do you recall quantities in the bin ? How much was actually consumed ? Whether the table was full of beer/wine etc when the cleaner came in ?

It looks like a lovely place btw, shame it's been turned sour by this.

[slash1551]

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.

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

looking at that and the pixelated image the burn was very tiny.

In one of the emails she says about asking the regulations on the distance of the rug from the fire ? I can't see where you asked her that?

[slash1551]

Re: Small Claim Court - Damage to holiday let rug

@Amethyst - Imagine the size of the end of a fire poker, I'd say perhaps 3-4 inches in length. Small enough on a rug of that size to be missed for a length of time and we're the unlucky group which is being blamed.

She has only included one email I sent. I queried as to whether the rug was an adequate distance from the wood burner in the first place - not sure why I asked, but I did.

I cannot recall the amount of bottles - maybe 10-12 in total? With the addition of a crate of beer.

@charitynjw - I omitted all mention of the place so I wouldn't tarnish the place with a bad name, or get myself into trouble. Is it wise to post a link?

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

Apologies - looks like admin has sorted that!

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

I've modded it - thanks Charity xx

Okay. You have two options really - 1) write it off as a bad experience and settle her claim or 2) defend it - defending could incur you with further costs if you lost ( in small claims this would be limited to attendance at court so likely around £100 ( loss of earnings for day, travel, parking etc) unless you behave unreasonably when it could go up )

Defence wise

POC

Para 1 is admitted ( you stayed there and paid £475 )
Para 2 is denied ( you didn't burn the rug )
Para 3 is admitted ( clause 16 exists )
Para 4 is denied ( you are not liable for the damage as you didn't cause it - no evidence you caused it - no inventory check taken beginning or end of tenancy etc - oo and this point

I'd say perhaps 3-4 inches in length. Small enough on a rug of that size to be missed for a length of time and we're the unlucky group which is being blamed.

Para 5 is neither admitted or denied as you would be reliant on information provided by the claimant

Additional Info

Section 1/2/3 not pleaded
Section 4 - denial of intoxication and its relevance to the claim. ( any pics showing the wine/beer on the table etc to counter those claims?) pregnant woman/exageration of quanities/bins available for anyone to use

could even use the cottage owners recent trip to a vineyard and buying 3 bottles to take home.... but that would be a bit tit for tat.

[charitynjw]

Re: Small Claim Court - Damage to holiday let rug

I note that they didn't invoke T&C #4 last para.

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

further down the line you'd likely want a witness statement from each of the guests stating that they did not burn the rug etc - wouldn't need to be long just a 1) I stayed at xxxxxx on xxxxxxxxx with xxx,xxx,xxx,xx 2) I didn't use the fire / I didn't put the poker on the rug 3) when we left everything was in order (if it was obvs)

[slash1551]

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?

[Amethyst]

Re: Small Claim Court - Damage to holiday let rug

I note that they didn't invoke T&C #4 last para.

haha I thought that.... if they were that concerned about the 3metre table being full of booze....