James Villas - Dogs n All

[Oiler]

Hi Folks,

I'm new to the forum and this is my first posting.

Regarding James Villa's (a reputable company so I thought)

To keep this as short as I can, I will fill in the finer details as we go.

We booked a villa in Cyprus, very nice is was too. After attempting to get a good nights sleep on the evening of our arrival, we were disturbed by dogs barking, not just a couple of dogs but a pack. They started around 9.30 in the evening and did not stop until early hours around 3am the next morning.

As we thought that this was a one off we did nothing about it. Then yes you've guessed it it all started again that evening. These dogs were in what looked like a corrogated iron clad hut in the next villa around a 100 metres away.

We contacted our rep and complained, she was very prompt in comming to visit. She said that she would talk to her office and that they would attempt to contact the owner of our villa, who would in turn speak to the neighbours with the dogs. The rep also told us that she had a complaint from the previous tennants on the last day of their holiday!

the next evening & the evening after that were exactly the same. now if it were the case of dogs barking during the day, that would be bad enough but we were unable to get to sleep until the early hours every night. we were getting up around midday to one o-clock, half of the day had gone, we could not get to see all the things we had planned in cyprus.

 

we called in the rep again, played her the extreme noise that thee dogs were making, barking & yelping relentlessly. (We also noticed on our way out that evening, a wheel cover on a 4x4 vehicle with the words DOG FARM.) She said that she could move us in a couple of days. This she did, so on top of the upheaval of moving villas we only had a few day left of our eleven day break to recover from next to no sleep for the majority of the holiday.

So all in all, what with our original flights booked with XL, and an extremely dissapointing break, we wrote to James Villas asking for compensation, who replied and basically said that it was beyond their controll & offered my a £100.00 vouchure to use again with James Villas!

I replied to their letter, showing my dissatisfaction, they in return replied back saying that this would be their final response and that if I wanted to take it further, I should contact ABTA. Oh, and that the £100.00 vouchure was still available!!!!!

My argument to them was that whether or not it was beyond their controll, they had a duty of responsibility to supply a villa that was fit for purpose, as far as I am concerned this villa was Not fit to let for holidays.

Any suggestions please.

Edited December 17, 2008 by Oiler
Missed info out

[Loubychew]

Hi Oiler,

 

I live in Cyprus and in many areas, noise from barking dogs is the norm. The Cypriots keep these dogs for hunting and are often housed in kennels or sheds outside.

I have recently moved from a house where my neighbours dogs barked continously so you have my sympathy.

 

It's quite bizarre that a company like James would have a villa so close to an obvious noise nuisance but it is possible they have covered themselves in the holiday info on their website where it states that the villas are often in residential areas and also that local dogs and cats may cause disturbance.

 

I work for a tour operator (not James!) and I think they will stick to the 'beyond their control' line and they are hoping that you will just get fed up and go away. If you want to take it further you will have to keep at them and perhaps should take advice from ABTA or a specialist travel lawyer.

[Oiler]

Many thanks Loubychew, In your opinin are ABTA worth contacting, i.e have they got teeth or are they in bed with their members?

[fluffy25]

Take them to court its the only way to get anywhere with travel companies see this thread for proof

 

http://www.consumeractiongroup.co.uk/forum/holiday-companies/157540-thomas-cook-compensation-advise.html

[Oiler]

Thank You.

It looks like Money claim online is the way to go.

Does anyone know the best proceedure for using this service & as to what text will get the best results?

 

Thank You again:)

[fluffy25]

Thank You.

It looks like Money claim online is the way to go.

Does anyone know the best proceedure for using this service & as to what text will get the best results?

 

Thank You again:)

 

Claim the full amount of the holiday, use the words 'no fit for purpose' and 'miss-sold' and just state your case. They wont go to court and should make you an offer of around 50 to 90% to settle out of court.

[Loubychew]

I have never had any dealings with ABTA. I have heard good and bad about them.

 

I myself had cause to complain about a terrible holiday about 5 years ago with Thomas Cook. It took me 18 months to get the compensation I thought was right. I didn't use ABTA, just my own determination and bloody mindedness!

 

It can be done so just stick at it and good luck.

[mark1959]

Hi,

Having the same problem with James Villas over a Villa we booked in Tuscany.

See James Villas - Review - Il Bagnese - James Villas

 

Rented "Il Bagnese" in Italy via James Villas a "best of" villa. We walked out within 1 hour of arrival. The place was filthy!!! Mould on toilet seat, shower broken mould on curtains and around base, drawer units falling to pieces, **** line around swimming pool, microwave on top of fridge freezer, kitchen non-existant, etc....

Passports, we were asked to enter our full passport details onto forms in a file that was left on the sideboard, this file contained details of all previous guests and would prove to be very useful for identity fraud!!!

Have used them before and been very happy but when faced with a problem they did not want to know!!!!

This Villa does not reach the standard of the other 'Best of' Villas that we have rented.

With their attitude I will never be using them again.

Copies of letters and photographs in support of my complaint are available.

They have told me to take them to arbitration!! I have appointed a solicitor.

They just do not seem to care. I used to think having taken a number of holidays with them that they were a good company not anymore.

Il Bagnese, Alberoro in Tuscany - sold by James Villas

UPDATE 24/11/2008.

After an initial insulting offer for full settlement of £87.71p my solicitor sent a 7 days notice letter, on the last day a letter was received increasing the settlement offer to £325.43p. I have rejected this offer and given my solicitior instructions to proceed with court action.

Summary: Stay away from both Villa and Company.

 

Please keep me informed of your situation and will keep me posting updated as well.

[mark1959]

I should have said that the accomodation cost £1240. That is solely the Villa rental.

[Oiler]

I sent then a notice before action letter and here is their reply.

 

Thank you for your correspondence dated 19th Dec, which I have recieved today. Further to advising us of your intensions to claim costs limited to "2718 through the small claims court, I have spoken to our solicitors for legal advice. It is the case that we do not consider a refund of all monies paid to James Villas, including credit card charges, and a refund of airfares booked and paid for through a seperate supplier reasonable for the issues relating to dogs residing within the grounds of a neighbouring property.

I would again reiterate that no complaint concerning disruption experiencee by guests both prior to and following your stay at Villa Pelagia has been received in this office, and subsequently it was considered previously to withdraw this property from our programme. Nevertheless, upon reporting your concerns to our resort staff during your stay, endeavours were made to reduce any disruption, and alternative accommodation was also offered and accepted.

In conclusion therefore, I do not feel this is an instance where financial compensation can be considered. In accordance with our booking conditions, if we are unable to reach an amicable resolution in respect of a customer complaint, our recommendation os for the customer to contact ABTA who provide an un-biased, low cost, independant arbitration service through The Chartered Institute of Arbitrators. Details of such a scheme can be found etc. Of course it is your choice as to which method of resolution you wish to follow and should you decide to proceed through the small claims court or an alternative avenue of resolution, I shall await their instruction and corrispond with them directly.

 

What do you think of that????

[mark1959]

Hi Oiler,

Final paragraph a straight copy of the one they sent me and the opening paragraph follows the same lines stating they are are not responsible!!!

If you have a fax number I am willing to send you copies of the correspondence that has taken place.

I will keep the site updated.

[Oiler]

Hello Mark1959,

Many thanks for that info. My fax number is: 0871 251 8630, it will be very interesting to see their letter.

Likewise, I will keep the forum updated.

[mark1959]

Hi Again,

9 pages being sent by fax. I am faxing from France so I assume it is xxxx xxxx xxxx? if not please let me know.

Please keep me updated, ùmy email address is [email protected]

Edited February 12, 2009 by mark1959
removing phone number & email address

[mark1959]

Hi,

The number you have given is incorrect, my machine says it does not exiost!!!

[Oiler]

Hi Mark,

I tried your email address but it came back to me with an out of office reply.

So here it is: 0044 8712518630.

Many thanks

my email is:[email protected].

[mark1959]

Have sent by email attachment. If you would like copies of photos then please advise.

[Oiler]

All recieved fine thank you, no need for photos.

I see what you mean regarding their standard replies. I am about to start the moneyclaim online, I'm not sure if I should include the airfares as stated in my letter to them.

One line of their letter to me makes me think that they have some concerns regarding my claim. The line being = Further to advising us of your intensions to claim costs limited to "2718 through the small claims court, I have spoken to our solicitors for legal advice.

I wonder why have have included the word limited? Are they worried that this could escalate. Apart from the fact that it will be me who decides if I wish to limit my claim or not!

Mark, have you a fax number, or shall I email my correspondence to you?

[mark1959]

Hi, fax number is on my letter heading, xxxx xx xx xx xx. I am limiting my claim to the cost of the Villa only, and the additional costs surrounding the disapointement etc.. This is the element they supplied via their brochure/web site, a third party deals with the airfares etc...

Edited February 12, 2009 by mark1959
removing phone number

[Oiler]

To follow up, I have now issued a Money Claim Online summons, James Villas now take it upon themselves to actually get interested in my claim.

They now want to see my taped evedence, supposedly to show their indemnity insurers. I am loathed to do this, as they were not interested at all before I sent the claim. Also, why should I pre arm them.

 

Also, they have logged an aknowledgment to the court (online) ticking the box that says that they will defend the whole claim?

 

Any ideas anybody please?

[mark1959]

Hi,

Supply the information requested by return, show them you are serious and not afraid.

I am still awaiting their response but on one of the other web-sites I have posted on somebody else has conformed they stayed at the same Villa and that it was terrible!!

I will keep you updated.

[foolishgirl]

Word of warning guys - do not publish your email addresses or fax numbers on here. All sorts of poeple look in on the forum & at best, you may be bombarded with junk & at worst, your details could be used to obtain info. about you.

 

Edit them out of your posts or click the red triangle at the bottom left of the posts & ask a mod. to do it for you.

 

If you want to pass on personal info. to other members, it's safer to use the PM system (in your User CP).

 

BTW, I've tackled holiday companies in the past - in my experience they will not give in without court action. Writing to them is a waste of time. My rule - one letter of complaint, detailing what you want in compensation, one LBA & then an N1. You sometimes have to go to a hearing but I've never known them turn up so you get your judgment. That doesn't always mean you get your money though, it then takes a Warrant of Execution to make them pay up. Long process but stick at it, you'll get there.

 

Never use a holiday company nowadays, it's so easy on the internet to make any bookings you need & if things go wrong (which in real life, they can) you are in control & can decide on the spot what action to take to make the holiday as you expected.

[mark1959]

Hi,

Any updating information?

[mark1959]

UPDATE 20/03/2009

Today received cheque for £800.00p and voucher for £100.00, total £900.00 in full and final settlement. Settlement reached the day prior to court proceedings being commenced when I noticed Il Bagnese had been withdrawn from the James Villa Brochure and I asked if due to these circumstances they were now prepared to make a sensible offer.:)