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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

I recently stayed at a travelodge and on m return found my room trashed. Our clothes everywhere and soaked. A hole in the wall, a toilet blocked of all our belongings etc. luckily we had another room and all stayed in there. In the morning we left and complained. We have a suspicion of who did it as there were some cocky lads on our floor but we didn't want anymore trouble just to get out of there. I have complained and heard nothing else. I have got now got a letter from cra demanding over £800 in damages.

 

Can I ask what rights etc i have? And have any of these ever gone to court?

 

I refuse to pay this for something I haven't done?

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What did the police say?

Just give TL the crime ref number.

 

But I am guessing you didn't report this?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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You should have reported this to Travelodge management as soon as you found this, so they could call the Police if they wanted to do so. Instead you appear to have left this to the morning, which I think is a mistake.

 

Did you leave the window to your room open and then left the room without closing it ? Would the window have been accessible from the someone from the outside ?

 

I am presuming that Travelodge checked any CCTV cameras in the corridor of the hotel, which is why I ask about the window.

 

Were there any problems between Travelodge and anyone who was travelling with you ?

 

If you or anyone travelling with you had no issues during your stay with Travelodge and would be willing to testify under oath in front of a Judge that you had nothing to do with the damage, then send a letter denying any liability for the damage.

 

If you left a window open while you were out, which was accessible from outside, I would check Travelodge terms and conditions. It is possible that the person who booked the room could be held liable for not securing the room, to avoid potential for loss.

We could do with some help from you.

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No no problems that I'm award.

 

Travelodge will give keys out without any I'd etc and have no security standards in place at all.

 

I don't believe the window would be possible to be honest.

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But did you actually complain or mention the unauthorised access or damage to your room to Reception or the Management when it happened?

 

That would surely be the most obvious thing to do. Or am I missing something?

 

If not, then I am not surprised that they are coming after you as the most likely cause of the damage.

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But did you actually complain or mention the unauthorised access or damage to your room to Reception or the Management when it happened?

 

That would surely be the most obvious thing to do. Or am I missing something?

 

If not, then I am not surprised that they are coming after you as the most likely cause of the damage.

 

I agree. Who would leave reporting a trashed room until the morning ? I think Travelodge believe that you or someone in your party was responsible for the room damage and you only reported it in the morning, because you did not want to be responsible for the damage.

 

I think if you were taken to court, I think Travelodge would win, based on what you have said.

We could do with some help from you.

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I agree. Who would leave reporting a trashed room until the morning ? I think Travelodge believe that you or someone in your party was responsible for the room damage and you only reported it in the morning, because you did not want to be responsible for the damage.

 

I think if you were taken to court, I think Travelodge would win, based on what you have said.

 

Never felt intimidated before? We just wanted to get away as quickly a possible

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Never felt intimidated before? We just wanted to get away as quickly a possible

 

Sorry, what do you mean by this ?

 

If you were taken to court, what defence would you offer ? Think about this and then write back saying that you deny any liability, as your room was broken into.

Edited by unclebulgaria67

We could do with some help from you.

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Most of what we come across with these demands from Travelodge are cases of alleged smoking in rooms and the consequent speculative invoices for deep cleaning. As such we would normally advise that it would be safe to deny any liability either a. That the 'offence' never took place or b. That the amount claimed represents a penalty rather than a true estimate of any loss incurred. If Travelodge in those circumstances were to take a case to Court, they would almost certainly lose.

 

Your circumstances are slightly different. Travelodge will easily be able to quantify significant costs - a hole in the wall would require repair and repainting for starters. In the absence of any mitigation or explanation they may feel justified to pursue this one and on the balance of probabilities a Judge might well find in their favour. On that basis you need to try and find a way of minimising the risk of them proceeding - either with a charge against any card used for the booking, or in lodging a claim.

 

So, detailing any mention of damage by a third party at the time, suggesting evidence which might point to the third party (CCTV) etc is essential.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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but yes getting back to what you asked

 

it IS a speculative invoice as it stands.

 

no they've not done court

 

and even if they did i'd bet they could

 

1 trace who else was there at that time staying

and the cctv etc and staff notes would point to a group causing trouble etc etc.

 

its a punt in the dark that they can spoof money out of you

without having to either swallow the cost

or

have the issue of going to court

and it being publicised that they allow intimidation & bullying of other guests without acting.

 

they'll go no-where with this they never do.

 

if it were me

i'd be emailing the CEO of TL stating what happened and denying you were in anyway responsible.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Also exactly what CCTV or Photographic evidence have they provided to substantiate said claim with the letter you received?

 

 

I bet the answer is NO CCTV or Photographic evidence to backup the claim for said amount in the letter received with the letter/Speculative Invoice.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Agree with Conniff :-P

I wonder if there was a disagreement between both parties...

 

It sounds like a load of lads out on the town, too p*ssed to report the damage when they came back, so the left it to the morning to report to reception.

 

If I were in this situation and I genuinely did not cause this damage, then I would send a letter of denial saying what I believed happened. I would get proof of posting, just in case this was ever taken near a court.

We could do with some help from you.

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I find it very hard to believe that anyone seeing their room trashed and structurally damaged would just walk away. There has to be some more to this story.

 

Stu and dx thanks for the advice their. I do not know about CCTV they certainly haven't sent any. Am I able to request this?

 

Conniff I've asked for advice not your opinion on my case. I do not feel the need to justify to you but I shall. There were a small group of us, 5 to be exact. There were a group of like 20 lads in our corridor very intimidating 'owning' the place. Usually in these cases there is no proof so the most likely option would be they chuck both groups out. Well for my health I wasn't willing to be on the streets against 20 lads who we effectively 'grassed' on.

Edited by Conniff
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No one can really offer any help unless they know the full story. There is no point in saying do this or that if you can't follow through on it or something you haven't said comes back to bite you on the bum.

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I do not know about CCTV they certainly haven't sent any. Am I able to request this? Yes if you want to defend this?

There were a small group of us, 5 to be exact. There were a group of like 20 lads in our corridor very intimidating 'owning' the place. Usually in these cases there is no proof so the most likely option would be they chuck both groups out. So they chose your room to trash? Out of all the others??

Well for my health I wasn't willing to be on the streets against 20 lads who we effectively 'grassed' on.

 

TBH I fail to see how your ever going to argue this and IMO your liable for the amount they have demanded.

You've not escalated this in the way I would have, failing to report the matter, not only to the police, but to the hotel management at the time, is IMO indicative of guilt, be it you knew the other '20' lads who caused the damage, OR the damage was caused by you/friends and have fabricated a story in order to apportion blame?

 

Good luck with whatever you decide to do, and if your willing to divulge the whole story then please do and effective advice can be given,

yes you can request CCTV footage, however dependent on the length of time from the incident to you requesting it, will depend entirely upon their own security data collection, some use 7 days before overriding it, other 28 or longer, so if you have a serious complaint and issue, then please get your request in ASAP.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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