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    • I thought you said that the order asked for you to submit a re-drafted defence and counterclaim?  Isn't that order just asking you to re-draft your counterclaim only, and for the claimant to draft a defence to your counterclaim?   Is the order only asking for a re-drafted counterclaim from you?   (I'm going out now for the rest of the afternoon... )
    • Sorry, Is it possible to ask the court for an extension? I see that I still need to do more on this, i.e supporting the claim
    • And if anybody thinks it's worth the effort I can go through that and make it clearer to read by taking out the strike throughs and the coloured formats so that it reads as intended and is less confusing.  That would be later today or tomorrow am.   I might also add something like "For the reasons above - ie that the work carried out by the claimant was unsatisfactory and incomplete and because of monies already paid to the claimant - the defendant denies the claim.  Furthermore, the defendant seeks to counterclaim against the claimant for damage caused to the defnedant's property by the claimant"   I'm not suggesting anything I've put forward is perfect or necessarily better that FTMDave's suggestion.  But perhaps it will serve as a backup if nothing better turns up?
    • Ok here is the preview please let me know if it looks good or need changing for security i remove my details and address     IN THE COUNTY COURT SHEFFIELD     CLAIM NO:   BETWEEN    HX PARKING LTD (CLAIMANT)   And                                 (DEFENDANT)   CONSENT ORDER   Upon the Parties having consented and agreed to the judgement set aside.   IT IS HEREBY ORDERED THAT   - The judgement dated 9th of June 2021 be set aside. --------------------------------------------------------------   HX Parking LTD 161 Preston Road, Lytham St Annes FY8 5AY                              
    • I agree with all that.   Can I just add that I've gone through the defence again and tried to make a bit more sense of it - and perhaps try to address or skip over some of the questions asked by FTMDave.   Can I make clear I am not criticising what FTMDave has already done - I think that was a great job.  It's just that I have found the OP's explanations still very unclear and difficult to understand so I've tried to make more sense of it.  If what I've done is just making the whole thing more complicated and confusing then by all means ignore it.   Bits I suggest deleting altogether are struck through.  eg this   Bits in red are my suggestions/improvements.  (Or maybe they make things worse!)   Bits in blue and bold are my questions.   Whether this is really an improvement or not I don't know.  Feel free to ignore...   ===============================================================================   1.      In this Defence:   a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.   b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.   c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.   2.      The defendant admits paragraph 3.1 of the claimants claim.   3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work (Project 1) at the defendant’s property in relation to 3 specific areas. These were; and named Project 1   a. To underpin the bay window at the property, b. To repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   4.      During the process of the contract agreement above   Subsequently the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called (Project 2).   5.      In relation to the installation of a new beam and the above this work was agreed between the parties  It was agreed between the claimant and the defendant that Project 1 was to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.   6.      Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineer's report which detailed instructions to the claimant for the works to be carried out.   7.      It was agreed between the parties that the works would commence on 13/08/2020.   8.      It was agreed between the parties that the total sum for the completion of all the claimant's work regarding Project 1 would be £4300 called project 1.   9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made at the start of the claimant's work. The second payment would be paid at the halfway point of the claimant's work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33.   10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque for the first payment was issued on the day and he worked for two hours.   11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.   12.  The building inspector showed up and but the builder, having promised to be there, was absent.  The inspector walked around inspecting inspected the builder’s work and making comments in anger was obviously displeased by the standard of work.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came.  The inspector spoke to the builder by telephone, asking him why he was absent and questioning him about the work he had done.  The inspector then gave him some instructions over the telephone also and left a list of instructions with the defendant to be passed on to the builder.  The building inspector then said he would be getting in touch with the structural engineer with his findings and the defendant should hear from the engineer soon.   13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.   14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  It was suggested to him that tools could be hired, but he did not respond. “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the that tradesman to do the piling.   15.    The defendant explained to the claimant that that £3000 would have to be deducted from the agreed price for Project 1 as that work had originally been agreed in that project.  I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.  [Is all of that true?  I don’t know.  Is there evidence it was included in Project 1?]   16.  On 02/09/2020 he the claimant asked for more work to cover his losses having paid lost the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.  [I think that is all waffle and I don’t understand it]   16.  The claimant asked if the defendant needed any more work to be done and, despite the problems encountered on Project1, the defendant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580.   17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).   [I don’t understand this paragraph.  Delete it?]   18 17.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.  As work commenced on Project 2 and continued on the remaining work for Project 1, the defendant had occasion to make several complaints to the claimant regarding the standard of work   19.  18.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  Barely a week after starting on Project 2, the claimant demanded payment.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.    20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00.   [Way too complicated to follow.  Delete?]    19.  I paid the claimant £1500 in cash.  We agreed that this left a balance outstanding on Project 2 of £1080.   21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.   20.  It came to the defendant’s attention that the claimant had removed material (including a steel beam) from the defendant’s property that the defendant is clear either belonged to the defendant or had been paid for by the defendant in connection with Project 1.  When challenged the claimant admitted he had done this.  The defendant has included the value of this material in his counterclaim detailed below.   22.  21.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.  Over a month later he sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant   23.  22.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding  he demanded 2,800.00. to which I immediately responded in my letter dated 17/01/2021 for asking him to explain how I owed the that amount as all that had been agreed as outstanding on Project 2 was £1080. so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.   24.  23.  The claimant builder then acknowledged my pre-action notice by sending me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.   25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.  [Is this relevant here  Delete]   24.  For the above reasons the defendant denies the claimant’s claim and seeks to make the counterclaim detailed below.   [Does that seem right?  I don’t know?]
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Hotels.com - Changed to inferior hotel without notice


spikeachu
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Hi,

 

Just posting on here for a little advice and hoping that someone would be able to assist.

 

In May 2012 I booked a hotel through hotels.com. It was for my Wife and I's wedding anniversary. We also had a 4 month old baby. The age of our son meant that we would likely be spending a fair amount of time in the hotel room and therefore booked a room that was spacious and splashed out on the highest rated hotel in the area, 4* Hilton Doubletree. Even booking 6 weeks in advance, this cost just over £100 per night, but it was our anniversary, so spent a little extra for the occasion.

 

Everything seemed great, I received confirmation emails on 3rd July and 4th July and arrived at the hotel after a lengthy journey in torrential rain and localised flooding on 6th July.

 

On arriving at the hotel, I was informed that there was no booking for me. After a bit of panic and a few phone calls the receptionist at the Hilton Doubletree advised me that I had been relocated to the Holiday Inn, a 3* hotel nearby with much lesser facilities. I asked if there would be any refund for the downgrade and inconvenience, but as I had booked through Hotels.com, they advised to take the issue up with them, which I fully understand. My contract is with Hotels.com and not with Hilton Doubletree. I also spent a considerable amount of time on the arrival date discussing the issue with the Hilton Hotel Manager and ensuring I had everything documented.

 

Due to driving almost 3 hours in terrible weather conditions with a 4 month old baby on board, I accepted the change of hotel, but made it clear that it was under protest and documented this in email on the day of arrival to both hotels.com and the Hilton Doubletree.

 

On my return home a few days later I emailed hotels.com and expressed my concerns and asked what they intended to do to resolve the matter. They eventually offered a £50 discount off a future booking. I advised that this was unacceptable as I would not be using their services again and that I felt that they were in breach of contract as they had not provided what I had paid for. I suggested that a full refund might be a better resolution. This and a subsequent email to their Customer Service Team have remained without response.

 

I have attempted to claim the cash back via Visa Debit Chargeback, however this has failed as Hotels.com say they emailed me on 4th July advising me that they had relocated me. Visa Debit Chargeback seem to support their claim.

 

I received an email from Hotels.com on 4th July and at the time, I construed it as being a badly written confirmation email. I have copied it below. It certainly isn't clear to me that I won't be staying in the Hilton Doubletree.

 

Due to lack of response from Hotels.com and failure to recover losses via Visa Debit Chargeback, I am considering putting the claim into Small Claims Court. However, I would like assistance in knowing whether I should claim the full amount with interest, just the full amount or a partial amount and on what grounds I should be claiming, is breach of contract and loss of enjoyment appropriate?

 

Thanks in advance, Mike.

 

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

Email confirmation received from Hotels.com on 3rd July

 

Thanks for using Hotels.com, your booking is confirmed! You don't need to call to reconfirm.

 

Here are the details of your booking along with some useful information about the hotel. You can easily access your booking online anytime.

 

 

Happy travelling,

Hotels.com®

 

DoubleTree by Hilton Lincoln

 

 

Contact this hotel directly: 44-1522-668824

 

4.8 18 reviews

 

Brayford Wharf North

Lincoln LN1 1YW

United Kingdom

 

 

Number of Guests: adults - 2

Check-In Date: 06/07/2012

Check-Out Date: 08/07/2012

Total: £205.00

 

 

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

Email received from Hotels.com on 4th July which they feel adequately advises that the hotel has changed;

 

Note from Hotels.com:

Dear Guest,

We were informed by the hotel that you will be accomodate at Hilton hotel next to Double tree hotel and the room type will be the same.

For more details please call the hotel.

Thank you

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Servers date and time all emails, so you must get a copy of the original so you can see the date and time this one was sent.

 

Ring the Hilton, or get the misses to ring and see about booking the same class room with the same facilities you had when you stayed there, that will give you the actual cost so you can see the difference.

 

It would appear to be a breach of contract and you are entitled to claim damages from them.

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If you booked in May why did you receive a confirmation in July? I have never used that site but have made reservations using other sites. The confirmation email always comes a few seconds after I have made the online booking. Can you check in your inbox and if it's not there check in your spam folder.

"Ask not what your country can do for you, ask what you can do for Poundland"

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I received a confirmation in May also at time of booking, but my point was that it was backed up by confirmation just a couple of days before I was scheduled to arrive.

 

I have all the original emails, so I have all the server timestamps.

 

I think the case is going to hinge around whether the email received on 4th July adequately confirms that the hotel had been changed and why I was given no option in that email to make alternative arrangements or cancel the booking. In my opinion, the email does not convey the message that Hotels.com wished to convey, which in hindsight is that they had changed my hotel to Holiday Inn, although this was impossible to know at the time.

 

The Holiday Inn is not a place i would have booked for a special occasion to celebrate our Anniversary, so although my hand was effectively forced and I had to accept the alternative under protest, had I had full information available before setting off, I would have made alternative arrangements.

 

It's now impossible to find out the differences in price between the two hotels at the time of booking, but as I would never have booked Holiday Inn through choice, should I be looking to claim a partial refund based on what I feel the stay in the Holiday Inn was worth to me (I'd value it at £40 p/night) or should I claim the full value based on the fact that I would never have booked Holiday Inn in the first place.

 

Also, how do I value loss of enjoyment? I wasted half a day trying to resolve with Hilton Hotel management and spent most of the weekend mostly miffed about the situation we had been put in.

 

Thanks in advance, Mike.

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I think the email is clear that your room would be in another hotel and as far as i am aware you could have questioned it or cancelled at the time, i think a partial refund as the facilities were not as originally booked but you did accept the other room.

If I have been of any help, please click on my star and let me know, thank you.

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I think the email is clear that your room would be in another hotel and as far as i am aware you could have questioned it or cancelled at the time, i think a partial refund as the facilities were not as originally booked but you did accept the other room.

 

Forgive me if I'm being facetious or missing something, but if I book in at the Hilton Doubletree hotel and receive the email below, how is it clear that I have been relocated to the lower rated Holiday Inn? This is something that I intend to put to before a judge, so I'm interested in how you have reached you conclusion, as a judge may reach the same decision.

 

I accepted the alternative room but made it clear that it was under protest and that my options had been limited, having travelled for 3 hours with a baby in torrential rain and hazardous driving conditions (WorldWeatherOnline.com shows that 27.2mm of rain fell in Lincoln that day).

 

Thanks in advance, Mike.

 

 

 

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

Email received from Hotels.com on 4th July which they feel adequately advises that the hotel has changed;

 

Note from Hotels.com:

Dear Guest,

We were informed by the hotel that you will be accomodate at Hilton hotel next to Double tree hotel and the room type will be the same.

For more details please call the hotel.

Thank you

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the email says that the hotel have informed them that you will be accomodated at the hotel next to the doubletree, to me that says that it is not the hotel you booked but another one still part of the hilton group but not the doubletree, checking the room rates there is not a vast difference between them and they are in the same area, however if the room facilities were of a lower std then you should get a partial refund IMO but as youy accepted the room I dont think a full refund is on the cards, but that is my opinion others may see it differently

If I have been of any help, please click on my star and let me know, thank you.

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OK, I respect your opinion, but strongly disagree. If I book the Hilton hotel and I receive an email explicitly saying I will be staying in the Hilton, I expect to be staying in the Hilton. As far as I am aware, Holiday Inn is not part of the Hilton Group. But given that two people have interpreted the email differently should clarify that it's contents were not concise enough.

 

There is no Hilton hotel next to the Hilton Double Tree. When I received the email I thought that it had just been badly written and should have read "Hilton Double Tree" not "Hilton next to Doubletree", which considering the rest of the email I don't think is an unreasonable view. Having written correspondence for a blue chip company myself previously, I would have expected a better standard of English from them. I would also have included the words 'Sorry for the inconvenience' and 'if these changes are unacceptable, please contact xxxx to cancel or make alternative arrangements'.

 

As I see it, price difference should be irrelevant, let me provide an example of why. If I hire out cars for weddings. I hire out a luxury Limousine at £200. I also hire out a banged out Austin Mini at £190. I decide that the Limo is double booked on the day of your wedding and send out the battered Mini instead. It's now your only option to get to your wedding on time, so you accept it, under protest. Because I value the Mini at £190 does not mean that in your opinion it is worth my valuation and you wouldn't have paid that much for it given free choice. Would you feel that £10 reimbursement in the above circumstances would be acceptable?

 

Regards, Mike.

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the holiday inn is at Brayford wharf and the Doubletree is as well, may not be exactly next door though having said that Brayford wharf isnt very big As far as i am aware the holiday inn is part of the intercontinental group of hotels as is the hilton doubletree.

Ok so the price difference may be irrelevent I was just stating that they were similar, having said that were the room facilities (not the hotel facilities) comparable to those you had booked? If not then a reduction in the price you paid would prehaps be appropriate, the comparison of a limo and a mini isnt really the same as the mini is obviously of inferior quality and i was really on about the quality.

i just think that it is unlikly that you will get a full refund although you may, as you did accept the other room and the email from hotel.com had been recieved by you, i know it may not be over clear but it does say that you will not be in the Doubletree but in the hilton next to it so they have told you, you could have cancelled the hotel booking and it wouldnt have cost you if done in advance and in many cases up to 4pm on the day of arrival.

I cant say how the judge or anyone else will see this its just my opinion

If I have been of any help, please click on my star and let me know, thank you.

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Had I known that I was stopping in a Holiday Inn before setting off, I would have cancelled and/or rearranged.

 

I regularly stay in 3* Holiday Inns through work and pay only £43 per night. They're not the type of hotel I would use to celebrate my anniversary and certainly not the type of hotel that I would pay £102.50 per night for.

 

Despite my last two emails being ignored, I have emailed one more time explaining that if an acceptable resolution is not reached by 15th January, I will be submitting to the Small Claims Courts for breach of contract, loss of enjoyment, travel costs and interest. I'm not expecting a response but I might be pleasantly surprised. I received an autoresponder saying that I should receive a response within 24 hours .. that was 48 hours ago.

 

Regards, Mike.

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Don't threaten court if you don't intend to go through with it. You can do it on line and the cost is very low - https://www.moneyclaim.gov.uk/web/mcol/welcome

 

It's not a UK company

 

Hotels.com GP LLC

10440 N. Central Expressway

Dallas TX 75231

US

Edited by Conniff
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Trust me, I intend to go through with it; I'd just like to give Hotels.com one more chance to resolve amicably.

I don't stand to lose more than the £35 it costs me to submit it to the courts.

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The Hilton is part of Hilton Worldwide and Holiday Inn is part of InterContinental. But even if they were part of the same group surely it shouldn't be up to the consumer to know this? Surely Hotels.com should clearly state in the email which Hotel the OP is to be stopping in?

 

I think the email is misleading, I can see it can be read either way. I can see how spikeachu thought it was a typo/badly written, I can also see how it can be read that spikeachu will be stopping in the Hilton hotel next to the Doubletree. However, I can't see how it can be read that the OP will be stopping in the Holiday Inn.

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After reading this, I will not be using hotels.com and will advise others not to.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Don't threaten court if you don't intend to go through with it. You can do it on line and the cost is very low - https://www.moneyclaim.gov.uk/web/mcol/welcome

 

It's not a UK company

 

Hotels.com GP LLC

10440 N. Central Expressway

Dallas TX 75231

US

 

Is this a problem if they have a UK office? I've been provided with a UK address to serve.

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  • 2 weeks later...
  • 1 month later...

Good job spike. It's up to you if you want to provide more details, but well done on getting an outcome that you wanted. Even if it did take a lot of time :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for updating. It's always good when we get to see how things are concluded.

 

Id imagine that you are not able and/or willing to disclose the exact terms of the settlement but assume you are happy with the result?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Good job spike. It's up to you if you want to provide more details, but well done on getting an outcome that you wanted. Even if it did take a lot of time :)

 

Thanks for updating. It's always good when we get to see how things are concluded.

 

Id imagine that you are not able and/or willing to disclose the exact terms of the settlement but assume you are happy with the result?

 

 

I agreed to settle at what I'd asked for all along. I just wanted my money back. So barring a few pennies here and there, settlement was £240 ish, which covered my initial £205 outlay and £35 fee to submit to the courts.

 

Sure, I could probably have got more if I'd pushed, but the additional costs I submitted on the court paperwork were mainly for leverage in getting a full refund or were to be an added bonus if the case went unopposed.

 

As it is, both parties probably feel they got a fair deal. Hotels.com paid less than half of the overall claim that was submitted and I got all my money back.

 

Of course, it would have been much easier all around if Customer Services did their job in the first place. I definitely won't be using Hotels.com's services again and I can't imagine that the publicity I've given them both on this forum and to family and friends will have done them any favours.

 

Regards, Mike.

Edited by spikeachu
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Hi All,

 

Just an update. The court documents got someone's attention and the dispute has been settled out of court.

 

 

 

In case it's of use to anyone else, here is the letter of particulars that I sent to hotels.com after raising a claim. It might be useful to use as a template for anyone in a similar situation.

 

 

 

 

Hotels.com

Customer Relations

PO Box 70720

London, EC1P 1GW

 

19th January 2013

 

Dear Sir or Madam,

 

Please find below further particulars of the claim filed online at http://moneyclaimonline.gov.uk under reference xxxxxxx in respect of an order placed on the Hotels.com website under confirmation number xxxxxxxxxxxxx.

The claimant’s claim amounts to a total of £501.94 which is itemised below.

 

Breach of Contract

The claimant is claiming £205.00 for breach of contract, given that the product that was ordered and subsequently confirmed by email was not available on arrival. The contract was unilaterally amended by the defendant to an inferior product without the claimant’s knowledge or approval. The first time the claimant became aware of this amendment was upon arriving at the hotel that had been booked and being advised there was no reservation.

 

References;

Sale of Goods Act 1979

 

Section 13 (1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

 

Section 14 (2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

Loss of Enjoyment

The claimant is claiming £200 for loss of enjoyment; this is calculated at £100 per adult. The booking was made to celebrate the claimant and his wife’s Wedding Anniversary and was booked at what he considered to be a prestige hotel. The majority of the first day of their stay was spent expressing their dissatisfaction with the Manager of the hotel and putting the complaint in writing.

 

The claimant and his family were subsequently moved to a chain hotel which the claimant infrequently uses during work travel and pays around £45.00 per night for rooms of a similar standard to which was provided. Due to the exceptionally poor weather in which the claimant and his family had travelled, localised flooding and standing water on the motorways, he considered that a return journey was unsafe and accepted the alternative accommodation under protest through force majeure.

 

References;

World Weather Online reports that rainfall on 6th July 2012 was 27.2mm and 33.3mm in Lincoln and Sheffield respectively.

 

BBC Website reports localised flooding affecting both Lincoln and Sheffield

http://www.bbc.co.uk/news/uk-england-lincolnshire-18734887

http://www.bbc.co.uk/news/uk-england-south-yorkshire-18738432

 

Travel Expense

Having travelled 107 miles on a round trip for a product which was not available, the claimant is claiming £42.80. This is calculated at 40p per mile and accounts for fuel costs and vehicle wear and tear.

 

References;

 

http://maps.google.com

Google Maps get directions feature

 

Interest

The claimant claims interest to a value of £19.14 which will be claimed under section 69 of the County Courts Act 1984 at a rate of 8% a year from 6th July 2012 to 16th January 2013 on £447.80 and also interest at the same rate up to the date of judgement or earlier payment.

 

Court Fees

The claimant will be claiming court fees to the value of £35.00.

 

Yours faithfully,

 

Spikeachu (The claimant)

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