Moneyclaim online --now getting solicitors letter

[EKMUM]

Hi all

This is my 1st post so apologies if its in the wrong bit.

We recently had the holiday from hell here in the Uk. We asked for our money back £450 so we could continue our holiday elsewhere which was ignored.

Cutting a long story short---

We lodged it with the small claims and the defender wrote back saying they were putting in a full defence.

However today we have received a solicitors letter from the defence offering us £50 as a gesture of goodwill and not an admission of guilt which unless we accept they will claim all expenses off us should they win in court.

 

Should we be recieving letters from a solicitor that is nothing to do with the claim or should everything be now done through the court? I feel a bit intimidated by it really.

I'm quite happy to proceed with the small claims but just wanted a bit of advice.

thanks for any help

 

EKMUM xx

[Thailand]

I feel a bit intimidated by it really.

 

Yes that's what they do, attempt to intimidate. The reality is they want you to go away and stop being a pest... if it's worth fighting that offer will only increase, up to the total of the sum claimed. It's impossible to comment any further as we are not aware of the facts, but if the claim has merit I wouldn't be accepting that, personally. Even if the claim lacks substance they might pay due to the cost of defending.

 

Can you elaborate as to the situation as there isn't much to go on.

 

This thread might be better served in the holiday forum, click the triangle next to the scales below, and ask it to be moved - if you want.

 

Btw, welcome to CAG.

[slick132]

Hi EKMUM and welcome to CAG.

 

I'll move this to the Holiday Companies forum where you should get advice.

 

As Thai says, don't worry about the sol'rs letter. They're perfectly entitled to write to you in an attempt to negotiate a settlement out of court.

 

Don't be intimidated though - unless your claim was found to be totally without foundation, you're unlikely to have any costs awarded against you for this.

 

You should concentrate on putting together a strong case for your claim including photos or video footage, notes made while on holiday about what was wrong, letters to and from the holiday company, etc.

[EKMUM]

Thanks very much for the replys--its much appreciated.

The holiday we went to was to a private cottage. The cottage was dirty, had an ant and flying ant infestation. We reported it to the owner who after phoning 3 times eventually came out to "help".

Help came in spray cans of raid ant killer and nippon ant powder. I informed the owner we would like our money back to continue our holiday elsewhere as putting down these chemicals were not suitable to me being asthmatic and to my 3 year old who has numerous allergys. This was totally ignored. 3 times I asked her and she ignored me and my hubbie.

I wrote to her after the holiday and she practically called me a liar and then said we had left her cottage in a terrible mess ( total lies) which took her 2 hours to clean up.

She then said she was surprised we didnt just go home if the cottage was so infested --something we couldnt do as we were down in that part of the country for a reason.

She blamed the infestation on the time of year and it was a problem everywhere. This I can understand but when they are crawling through cracks in the wall and up through sinks and over worksurfaces I dont!!

The kitchen became unusable due to the powder lying everywhere.

I have lots of photographs of all this which I will produce in court.

 

Do I reply to the solicitors letter telling them to bogg off and come up with a better offer --do i send them my evidence or send it to the court?

I need to send the letter back to the court this week but can ask for an extra month to try and solve it outside of the court through mediation.

Feeling very stressed about it all but am not willing to drop it as i feel very stongly we were fobbed off.

Very appreciative of this forum

 

EKMUM

[Thailand]

For me it wouldn't matter what time of the year it was, the accommodation likely wasn't advertised with bugs. She has shown her true colours by saying 'I'm surprised you didn't go home'! (I bet she wouldn't have been forthcoming in the refund dept).

 

I would indeed reply to their solicitors, it's best to demonstrate you have exhausted all mediation. I wouldn't tell them to bog off though! I'd tell them why it is unsatisfactory, repeat what you want, and end with something that lets them know you will proceed with your claim unless they are willing to settle. I would be prepared to take a little less since you did have some form of accommodation, but that's me.

 

I suppose you could send them to the court, but you could just take them on the day. I don't think you are obliged to send the photo's to them, although they might help your case if they see how bad it was, and that you do indeed have proof.

[EKMUM]

Oh shes shown her true colours alright--some of the lies she has told just make us out to be like the clampets and this is something we are not. We are Joe Average family who saved up all year round for a weeks holiday which in our eyes cost us alot of money £450.

We told her the house was dirty and full of spiders webs which she said was to be expected as it was an old property.

I would accept less but just need to word my letter right.

Can ask the court for a months delay so we can try and settle outside so will tomorrow write to her solicitor.

My dad is on at me to go to a solicitor but I dont see the need and expense of doing so--anyone any words of wisdom before i get mega stressed out

 

Thanks again --what a great forum:wink:

[Thailand]

I think your case is strong. The only way the defendant would be awarded costs is if you 'lost', and I doubt that. Since you'll be showing evidence that your accommodation was unhygienic, the worst I could see is that the judge would award part of the claim, and they wouldn't get anything.

 

By instructing their solicitors they took a risky gamble, they will have worked out that the sols fee plus an offer of £50 is less than the amount claimed. Should they now lose, which I expect, it will end up costing them more. Please don't be intimidated by solicitors letters.

 

Saying that spiders are to be expected in an old property is laughable.

 

I think you have taken this claim far enough to know you can handle it, involving a solicitor of your own would be expensive and as the claim is fairly straight forward, I don't see the point personally.

 

I'm no expert, I'm just giving you an opinion. Maybe a letter like this would suffice:

 

Your address

Their address

Date

 

Dear whoever,

 

Thank you for your recent letter dated *******. The contents of which have been noted.

 

I am unable to accept your offer of £50 as I feel it doesn't reflect the unpleasant experience we endured.

 

*remind them here about your experience*

 

Whilst I accept we still occupied the accommodation, we were very concerned about our child's health and indeed our own, furthermore the proprietors reluctance to resolve the situation.We had no choice but to remain in this accommodation. However, I am willing to settle this claim for £*** in order to bring this matter to a speedy resolution.

 

If this is still not acceptable to you, then I shall continue with my claim, in full, which stands at £450.

 

yours Sincerely.

 

Whatever you send, send via recorded delivery.

Edited October 12, 2008 by Thailand

[EKMUM]

Thanks ever so much for that. Will use that if you dont mind and add some of my bits and also include a photo of the infestation.

Their letter said the £50 was a final offer so are they likely to offer any more?

To be honest i dont want to go to court but will do to get some justice.

Wish I could attach some photos on here and show you how manky it was!!!

 

Thanks again

 

EKMUM

[Thailand]

Thanks ever so much for that. Will use that if you dont mind and add some of my bits and also include a photo of the infestation.

Their letter said the £50 was a final offer so are they likely to offer any more?

To be honest i dont want to go to court but will do to get some justice.

Wish I could attach some photos on here and show you how manky it was!!!

 

Thanks again

 

EKMUM

 

I don't know if they'll offer any more, it's certainly possible. If they don't then you have demonstrated to the judge they you were attempting to be reasonable.

 

Maybe you could upload the images to Photobucket?

 

Do go into detail about your experience, the solicitors are likely ill-informed. Don't send any photo's that aren't spare! You might need them.

 

You could also consider reporting them to their local Trading Standards, or even Environmental Health, and include in your letter you have done so (only if you do).

Edited October 12, 2008 by Thailand
typo

[Thailand]

However today we have received a solicitors letter from the defence offering us £50 as a gesture of goodwill and not an admission of guilt which unless we accept they will claim all expenses off us should they win in court.

 

 

Did they offer you your Court costs in addition?.

[EKMUM]

deleted just in case

Edited October 13, 2008 by EKMUM

[EKMUM]

Did they offer you your Court costs in addition?.

 

No just £50 as a full and final settlement.

[EKMUM]

[Thailand]

Well, the cobwebs demonstrate the property is not clean, for me that's all that matters as an unclean property will attract pests.

 

They basically offered you £15 in settlement then. Rubbish. (I think the court fee is £35).

[TheChancellor]

Personally I wouldn't accept £50.

 

I think they are lucky to get away "at cost" as you're not only £450 down but had your annual holiday ruined.

 

If she had sent in a professional & registered pest controller she might have had an arguement.

 

I'm not even certain she would be allowed to handle such chemicals in an uncontrolled way just splashed willy nilly about the house whilst it is occupied.

 

If it was me I would sit tight at £450 but it's your call.

[EKMUM]

She told me there was an influx of ants at the time of the year as it was the breeding season and that neighbours had the same problems. I totally understand this but I dont want to be breathing in chemicals as i am asthmatic--i told her this and she replied then "why come to the country side then" as there are pollens there which aggrevate asthma!!

I live in scotland which is beautiful countryside!!!

 

Thanks again for all the advice--going to do my letter tonight one the wee one is in bed.

Also I have paid the £35 court fee and have claimed the £450 holiday payment. If it goes to court and I win can i claim expenses back from her or should I have included then in the claim?

 

Once again thanks very much!!

[Thailand]

If it gets as far as court, I suspect you can try and claim costs, but we can deal with this nearer the time. I see no reason why you can't claim £9.25 per hour (half the professional rate) in dealing with this. If it gets to that, do be reasonable and it's entirely up to the judge as I understand it.

 

Think carefully about your next letter, I agree with Mr darling (TheChancellor!) having seen the pics.

 

You didn't need to add costs to your Particulars, but you could have claimed statutory interest at 8%. It wouldn't amount to alot, so I wouldn't worry about that. In any case if you want to pursue costs, I think you can fax/send them through nearer the time.

 

My mate refers to his daughter as the Wayne, lol.

[TheChancellor]

Taken from the RoSPA website (Royal Society for the Prevention of Accidents)

 

Use of Chemicals

The use of chemicals and pesticides is controlled by legislation such as the Control of Pesticides Regulations 1986, the Health and Safety at Work etc. Act 1974, the Food and Environment Protection Act 1985 and the Control of Substances Hazardous to Health Regulations 2002.

 

These:

• Cover the supply, sale, storage and use to agreed regulations
  
• Ensure staff have appropriate training - and, where necessary, a certificate of competence
  
• Prohibit unauthorised use
  
• Require a detailed usage log.
  
• Require the use of protective equipment
  

Insects and Pest Control

It is suggested where insects and pest problems occur a specialist pest control company is consulted - these can be located through the Yellow Pages, etc.

 

I would tell them you intend to take input from Environmental Health & the Health and Safety Executive.

 

You will also be asking the court to confirm that (she) has completed the necessary training to handle such chemicals (as presumably she is professionally qualified to comply with RoSPA's guidance);and produce her usage log and explain why such hazardous chemicals were left exposed around a child.

 

If you haven't trousered your 450 notes by Friday I'll show my a*** in Harrod's window.

[EKMUM]

Thats a brilliant article --going to print that out and attach it to my evidence. There was also an hot air outlet in the garden which wasnt covered so everytime we ran the hot water blasts of hot air pumped out. She said this had now been fixed even though no-one had ever complained before!!!

I'm feeling alot more better about it all. i was ready to jack it all in due to personal circumstances but now my heckles are raised and I'm raring to go !

[EKMUM]

"If you haven't trousered your 450 notes by Friday I'll show my a*** in Harrod's window"

 

This is what I would love to see!!!

[slick132]

Hi EKMUM,

 

Can I suggest you head your letter to the sol'rs WITHOUT PREJUDICE.

 

I'd only send them 1 photo but say you have many more to back up your contention that the property was infested and unclean.

 

Also, tell them if they do not advise their client to settle at £(whatever you decide), you are quite happy to take this into court as you are confident your evidence and case are strong.

[EKMUM]

What does WITHOUT PREJUDICE mean? I saw that on their letter to me

[TheChancellor]

Thats a brilliant article --going to print that out and attach it to my evidence. There was also an hot air outlet in the garden which wasnt covered so everytime we ran the hot water blasts of hot air pumped out. She said this had now been fixed even though no-one had ever complained before!!!

I'm feeling alot more better about it all. i was ready to jack it all in due to personal circumstances but now my heckles are raised and I'm raring to go !

 

Don't forget to edit the last part lol.

I'm in enough deep stuff without the Judge looking for me.

 

I would put the points raised into your letter to the solicitors when you send them a couple of photos.

Ideally they will roll over before it reaches court.

[TheChancellor]

What does WITHOUT PREJUDICE mean? I saw that on their letter to me

 

It can't be referred to in court.

[Thailand]

It means that you can't show it to a judge, without him/her asking to see it. That's why it's a good idea for you to do the same. I put it on the letter on page 1, but deleted it as I got confused over the whole trying to demonstrate your willingness to resolve the situation (since you can't submit it). Basically they are offering you a pittance, and then saying 'If you don't like it, then don't think you can use this letter as evidence'.

 

The Sols sent it to you without prejudice because they likely figured you wouldn't understand it, and if you did, well tough - this is our last stance. These tactics aren't going to work this time.

 

Them offering you the £50 means they think you have a case, so much so, even though they reckon' £50, or rather £15, is suitable compensation, they are trying to prevent you showing their laughable offer to a judge.

 

Don't worry on it, this seems to be going in your favour.