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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step. It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.        
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am having the same problem at the moment............

Just recieved a letter from travelodge stating they want £150 within 10 days

My problem is that I booked 3 rooms, 2 for friends and I have two £150 bills!

One in my name and one in their name

 

I am a non smoker, so wasnt smoking in my room.

I have no idea what happend in my friends rooms as i didnt stay in there.

 

anyone know what i can do for the £150 fine in my room?

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I am having the same problem at the moment............

Just recieved a letter from travelodge stating they want £150 within 10 days

My problem is that I booked 3 rooms, 2 for friends and I have two £150 bills!

One in my name and one in their name

 

I am a non smoker, so wasnt smoking in my room.

I have no idea what happend in my friends rooms as i didnt stay in there.

 

anyone know what i can do for the £150 fine in my room?

 

Welcome to CAG.

 

You will need to start your own thread.

 

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Amazing....civil recovery for smoking in a room, where next. If it was me I would ignore it....I would love this to get to court and then stand up in front of a judge and state that I didn't smoke....what proof do they have that it was YOU, the only thing that connects you with this is that you paid for the room....what a joke !!....keep us posted.

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The link works...its crs (2)

 

I agree with the above, it is very unllikely they would pursue this to court, firstly what is their proof ?. Secondly even if you did smoke, what exactly does the £150 cover ? (I very much doubt they employed a 'specialist' cleaner), I also doubt they turned anyone away because the room was unavailable, it sounmds like a nice lil earner for them though.

 

A simple letter back saying, you did not smoke, you did not breach their T & C's and that you shall charge them for any further correspondence is what i would recommend.

 

Andy

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I was just reading the other thread on this from 1 year ago...it seems they charged the amount to the persons card, so be careful they don't decide to just take money from your account.....

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I was just reading the other thread on this from 1 year ago...it seems they charged the amount to the persons card, so be careful they don't decide to just take money from your account.....

 

The OP should consider cancelling his card today to thwart any such attempt.

 

Being a non smoker would be easily provable to a judge too - GP's and anti smoking clinics have those machines that can tell by carbon dioxide in lungs or something.

 

I also wouldn't be surprised if it was a housemaid or other member of staff having a crafty one, and then blaming the OP to avoid getting caught.

 

Or maybe the company just randomly applies these smoking "fines" in their own little Speculative Invoicing scheme.

[sIGPIC][/sIGPIC]

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CIVIL RECOVERY SOLUTIONS LIMITED

2ND FLOOR

145-157 ST JOHN STREET

LONDON

UNITED KINGDOM

EC1V 4PY

 

 

Registration Number: Z1819860

Date Registered: 01 July 2009 Registration Expires: 30 June 2011

 

Data Controller: CIVIL RECOVERY SOLUTIONS LIMITED

 

Address:

2 KING STREET

NOTTINGHAM

NG1 2AX

This register entry describes, in very general terms, the personal data being processed by:

CIVIL RECOVERY SOLUTIONS LIMITED

 

This register entry contains personal data held for 4 purpose(s)

Purpose 1

 

Staff Administration

Purpose Description:

Appointments or removals, pay, discipline, superannuation, work management or other personnel matters in relation to the staff of the data controller.

Data subjects are:

Staff including volunteers, agents, temporary and casual workers

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Education and Training Details

Employment Details

Financial Details

Racial or Ethnic Origin

Religious or Other Beliefs Of A Similar Nature

Physical or Mental Health or Condition

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Education, training establishments and examining bodies

Suppliers, providers of goods or services

Financial organisations and advisers

Central Government

Employment and recruitment agencies

Transfers:

None outside the European Economic Area

Purpose 2

 

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients

Relatives, guardians and associates of the data subject

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Relatives, guardians or other persons associated with the data subject

Current, past or prospective employers of the data subject

Business associates and other professional advisers

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Credit reference agencies

Debt collection and tracing agencies

Traders in personal data

Central Government

Courts / Tribunals

Transfers:

None outside the European Economic Area

Purpose 3

 

Advertising, Marketing & Public Relations

Purpose Description:

Advertising or marketing the business of the data controller, activity, goods or services and promoting public relations in connection with that business or activity, or those goods or services.

Data subjects are:

Customers and clients

Complainants, correspondents and enquirers

Advisers, consultants and other professional experts

Data classes are:

Personal Details

Family, Lifestyle and Social Circumstances

Goods or Services Provided

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves

Business associates and other professional advisers

Suppliers, providers of goods or services

Transfers:

None outside the European Economic Area

Purpose 4

 

Accounts & Records

Purpose Description:

Keeping accounts related to any business or other activity carried on by the data controller, or deciding whether to accept any person as a customer or supplier, or keeping records of purchases, sales or other transactions for the purpose of ensuring that the requisite payments and deliveries are made or services provided by him or to him in respect of those transactions, or for the purpose of making financial or management forecasts to assist him in the conduct of any such business or activity

Data subjects are:

Customers and clients

Suppliers

Complainants, correspondents and enquirers

Data classes are:

Personal Details

Financial Details

Goods or Services Provided

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Business associates and other professional advisers

Employees and agents of the data controller

Other companies in the same group as the data controller

Suppliers, providers of goods or services

Financial organisations and advisers

Credit reference agencies

Debt collection and tracing agencies

Central Government

Transfers:

None outside the European Economic Area

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The 0871 number is whats put me off phoning CRS to complain about it, I have phoned the hotel direct and they have said i need to deal with their civil recovery agent.

 

I have searched google for smoking fine travelodge and smoking charge travelodge and found quite a few other people that have had the same problem after staying at a travelodge hotel, so i definately wont be booking another travelodge again in a hurry!

 

Looks like i will have to phone their 0871 number on monday as was unable to find an alternative to 0871 288 3823 on saynoto0870.

 

so, you think i should contact OFT and trading standards?

 

thanks

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Why do you have to phone? there is a perfectly good mail system, use that.

 

You should never phone anyone like this unless you can record the phone call. Anything said that is not legal or goes against you will be denied at a later date should you need to recount it. With a letter, you have a hard copy for use later if required.

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The OP should write back and state that he is a non-smoker and ask for what evidence they have that he is responsible for any cleaning done to his room. As for the other guests, no doubt the hotel will have their details so why arn't they persuing them seperately? The OP cannot be expected to be responsible for their actions bheind closed doors just because he booked the room(s). I doubt if Thomas Cook would be liable for people smoking in hotel rooms booked via them.

 

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  • 2 weeks later...

Hello everyone

 

I wrote back to CRS to explain that i dont smoke, my wife smokes, but smoked outside the front door of hotel.

I also said that i absolutly hate the smell of smoke, wife doesnt smoke in our house and wouldnt even think of smoking in hotel room.

 

I also said that i have no idea what went on in the other room i booked for a friend as i didnt stay in there, but friend said he didnt smoke.

 

 

I have received a letter back from CRS saying that have been in contact with travelodge who have said there was definatly smoking as the rooms smelt of smoke.

I am liable for both rooms as i booked them, even though only slept in one!

 

They said they are going to gain witness statements etc from staff to say there was a smell of smoke after we left.

 

Any idea what would happen in court? there was definatly no smoking in my room!

 

 

thanks for your help!

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Hello...

 

Here is what the letter says now:

 

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

 

We have discussed your correspindence with travelodge and as you were the booker of both the rooms you are liable for both claims.

 

Travelodge have confirmed that when the rooms were cleaned there was a strong smell of cigarette smoke in both rooms. In addition to this there was a plastic bag placed over the smoke detector in one of the rooms.

 

By your own admission your partner was smoking during the course of the night. The fact that your partner went outside to smoke is not proof that they did not smoke in the room at any stage during your stay. If this was true then room would not have smelt so strongly of smoke upon your departure.

 

Our clients staff will provide a witness statement confirming this if the matter progresses to court. They will also sign a statement of truth stating that the contents of their statements are accurate and true. Our clients staff have no reason to falisify such claims.

 

Travelodge's terms and conditions are clearly set out on line when you make a booking. These terms state at clause 5.5.4 "you must not smoke in any of our hotels or interfere with our fire detection system. If you do so, we will terminate your booking without refund and require you to leave the otel immediately. You authorise us to charge you any costs we incur if you smoke or cause famage in our hotel incuding costs for specialist cleaning (to make the room fit for sale as a non smoking environment and the cost of the room for any time period it is unusable..."

 

to succeed in a claim travelodge have to show that on the balance of probabillities you were smoking in the room, and based on the evidence provided by their staff they will be able to succeed in this.

 

We would like to help you resolve this claim as early as possible; payment can be made via our website (ukcrs.com/pay.php) at any time alternatively call 08712883823.

 

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

 

Anyone help? i didnt smoke in my room!

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Dear sirs....I am not able to supervise guests for 24 hours in other hotel rooms. I would suggest that this is completely unreasonable as neither myself or my wife smoked in the hotel. I suggest that the matter taken to court where my solicitor will fight this vigorously and claim all associated costs.

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