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thebeehive

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  1. That should be all that you need there. FYI - I know that it's probably not the best way, but I have used social media to achieve a better outcome previously, as well as Trustpilot reviews in parallel with formal complaints through the financial ombudsman, and motoring ombudsman. I have also used the Action Fraud Police website to generate a complaint which then gave me a reference number to use to dispute a credit card transaction with the bank as I was charged for car rental insurance twice. You probably know all of this but just thought that I would post that in case. Good luck and thanks again!
  2. The mediation went something like the following and I only felt a little pressure at the end in order to complete the mediation: - The mediator called me first, explained the process and asked me for a brief overview of the dispute. I gave a brief overview but also added a couple of comments as the defendant had put into their defence that they did not know that we had left the property and had accepted their offer – comments were to the effect that the defendant had responded to a couple of messages of mine in text demonstrating that they knew that we had left on the day. As a gesture of good will, I offered £350 instead of the full £450 to close the dispute. - The mediator called the defendant and they said that they weren’t prepared that amount as per their defence comments and were only prepared to refund £100 and to give £100 to a charity. - I declined the offer. - Defendant responded that they weren’t prepared to pay that much again. - I stated that I had received legal advice and that their messages were in writing and constituted an amendment to an existing rental agreement. - The defendant responded that they were prepared to offer £200. - I asked the mediator to explain to the respondent that as I had their comments in writing that I would win in court and as the loser in the case the defendant would have to pay that amount, my expenses, time off work, travel expenses and legal fees. - At this point the defendant brought up my Instagram comments about his property. - I said that I would remove the comments if he paid the £350. - Defendant agreed. - There were a couple of messages bounced between the defendant and I as to who would do what first. - For the first time the mediator pressured me to move in a particular direction to remove my comments first and that the defendant would pay within 7 days (pressured that if I didn’t it would go to court and could take a year or more to finish). - I agreed to take down my comments first. - They agreed. claim-form.pdf claim-response.pdf mediation-agreement.pdf
  3. Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again.
  4. You are right, that refers to a debt rather than a breach of contract. My mistake.
  5. Thanks for your feedback. I haven't copied and pasted and will read through it again tomorrow before I send it. I have just read through your letter properly. Should't I also send them the Information sheet, Reply form and Financial statement as per the pre-action protocol?
  6. I have not heard a response from Emble Farm to my last email stating that my only recourse is a Small claim and I doubt that they will. I want to be ready for Tuesday morning when it will have been a week since I sent that email. In the Small claims pre-action protocol it describes the first step as issuing a letter of claim. Do I still need to do this as all of the necessary information was detailed in previous emails and demonstrates a willingness to resolve this issue independently of the County court? Or can I go straight to MoneyClaim and start a claim on Tuesday morning?
  7. They have replied and said to refer to their previous email which said that they would not be issuing a refund. So it is now step two. Perhaps I could respond with some like the following: Dear Emble Farm I would urge you to reconsider your stance as your text message, that I have kept a record of, made clear that you promised a refund before leaving the premises. If you are unwilling to follow through on your promise then our only source of recourse is a Small Claim through the County courts. Please reconsider your position. Regards
  8. Ok, I have sent an email incorporating your proposed less confrontational changes. I suspect that they simply won't respond. If that is the case then perhaps I should send a more strident letter indicating that I am willing to submit a small claim as suggested previously. And if that doesn't produce any response after a week then I will submit a small claim. Thanks for your opinion.
  9. I have pointed out that they made the promise to refund and he dismissed that as being a gesture of good will.
  10. That sea is in the distance over a mile away as the crow flies, with fields and multiple roads in between.
  11. The marketing states that the cabins overlook the sea and are over a mile away as the crow flies.
  12. Ok, are there any template letters that I could look at? Does it make any difference in regards to the Civil procedure rules if I am in Scotland and the owners (and the property) are in England?
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