Received two smoking fines from CRS

[Jameswhufc]

Hi,

 

I searched on Google and here seems a good place to ask.

 

I have been sent two letters today one with my name on and one with one of my mates.

 

You can view one of the letters here: http://s2.postimage.org/c4rwacl61/59505_10152451539445693_14521781_n.jpg

 

Now Me and my mate in the room i was in are non smokers. The other room my mate has guaranteed me he did not smoke.

 

I will be truthful with this bit, another of my mates has said in a different room there was smoking but they have not received a letter or should i say i have not receieved anything for them - i was the one who made the bookings.

 

Can anyone shed any light on what i should do? As clearly the rooms/booking ref they have accused of smoking are incorrect.

 

Thanks

[havinastella]

Hi James and welcome to CAG.

 

A strong one line letter of denial or completely ignore them

 

Be careful they don't charge the card you used.

[Jameswhufc]

I am no good at replying to letters.

 

I believe i should contest as the two people mentioned did not smoke in either of our rooms - one room has admitted there was a person who smoked in a room - albeit it was someone not even with our party - but there is no letter for them.

 

Thing is i do not want to be summoned to court as the hotel we stayed in is a long distance away!

 

Would cancelling my card cover against the charge? It was a debit card.

 

Sorry if i sound like a right noob to this - just i do not fancy paying something that i didn't do.

[havinastella]

This is a civil dispute and court would be a long way off. I'm not 100% certain, but CRS have not done court so far.

 

It's a scare tactic.

[Jameswhufc]

Ok thankyou. I did read the other threads, however i couldn't find any which had a final answer to what happened.

 

Just worried about the fact that there was smoking in a room so they could have some evidence. I am wondering if its better to reply stating the two names / booking refs accused have not smoked - then again they could see that im defending us 4 but not the others.

[havinastella]

If the other threads had resulted in Court action, they would have posted back for help

 

No need to supply them with any information on the others, Just a one line line, I deny your claim and will not enter into any further discussion with your company.

[Jameswhufc]

Thankyou havinstella.

 

However i have just remembered with regards to the room which did smoke briefly - the alarm went off and at reception they were able to tell me which room - which i promptly went down to question.

 

I believe they have got the rooms muddled up which is why i am happy to challenge it but perhaps they would have evidence on their system for the other room.

[havinastella]

Let the occupants of the other room deal with it should they receive a letter. Until then, you have done nothing wrong and defend any action they bring against you (NONE)

[Jameswhufc]

Ok that sounds good. I booked all the rooms so the letters would come to me as i am the only address they have.

 

I think what you posted before is the best way to go - however do you suggest i go with the line "I deny your claim and will not enter into any further discussion with your company" or do i slightly reword it to state those that the letters that were sent to have not smoked?

 

Also the letter with my friends name on it, should i pass this onto him and get him to reply separately the same as what i reply?

 

Sorry for being a pain

Edited January 25, 2013 by Jameswhufc

[renegadeimp]

Dear Sirs,

 

Any Liability to you or your partners is denied.

 

Now bugger off.

 

Sincerely.

 

 

Something like that, but politer I would suggest that if they try to counter you, ask for conclusive proof that you did indeed smoke in that room. Normally they will send a single photo with acarrier bag or sock over the smoke alarm, but you can tell them that it could be any room, in any building in the country. ANd even if it was your room, they still have to prove that you put it there and it was done when you were there.

 

I think these guys are the **** of the earth and are as bad as RLP. But thats just me.

[Jameswhufc]

This is their reply to me denying it.

 

I denied both on the same letter and i have received this which makes me wonder have they dropped one of them and not the other?

 

http://s16.postimage.org/bzxxfw551/644635_10152590088055693_430625089_n.jpg

[stokie63]

thats the same letter i recieved except for paragraph 2 i just keep counter acting everything they say to me and telling them i will claim all my lossess in court if you dont prove your case wait till you get the photos you cry with laughter.

[Jameswhufc]

Received another letter today.

 

Again it just references one of the fines - no mention of the other now since the first letters i got - im wondering if its been dropped.

 

They are saying if i do not respond to them they will have no option but to issue proceedings in order to recover their consequential losses. Where court proceedings are issued our client will then seek to recover from me court fees and added interest in addition to the value of the claim.

 

Now i dont know what to do. Do i ride it out and see what happens - but i do not want to go to court or do i ring them and ask if the other case has been dropped and just the one claim exists at this point i may pay as i have the money to pay it but i would rather not.

[renegadeimp]

Can you scan the letter up as a PDF file? Make sure to delete all personal info. They wont go to court, and if they do they will lose as they have no basis, nor evidence for a claim to have any merit.

 

It's just like RLP. They issue more and more threat letters hoping you will cave in and pay up. Even if they did issue a court claim, a well thought out defence would see them running.

[Jameswhufc]

Click here

 

There it is.

 

They claimed they have staff who would be a witness in court. However they don't seem to know who was smoking and it wasn't me - if they take me to court they could ask me if i smoked and if i saw anyone smoke and my two answers would be no.

[renegadeimp]

Yep. Just another threat letter.

 

Regarding witnesses, how can they? Did they see you smoking in the room? Besides, travelodge have been on watchdog due to these fraudulant attempts to extort money from people. CRS even went after a wheelchair user who hasnt been able to stand up for years, and accused him of covering a smoke detector which was almost 8 foot off the floor. lets just say, they soon backed off when they were exposed.

[Jameswhufc]

This is the thing. They apparently did see one of my mates smoking however this is all being addressed to me. This is what worries me about them taking court action.

 

There were so many of us there how do i know who it was. They addressed the first two letters to two people - myself and my friend who has guaranteed me he didn't smoke. I also know no smoking took place in my room. It seems they don't know who it was they caught or what room it was?

[renegadeimp]

So they were in your room watching you or your friends smoking? Again, IGNORE it. Only take notice if an actual court claim comes through. From the info you have given us, they have no evidence at all to back up their claim, whilst they have a good history of lies, false claims, threats and theyve even been on watchdog.

 

 

However, if they were seen smoking in the room, then they would be liable for the cleaning costs. But you would be paying direct to travelodge and not through what is pretty much a [edit] company looking to make some quick cash for no effort.

[dx100uk]

please refrain from purposefully sidestepping our filters.

 

dx

[Jameswhufc]

I think i said in a post before that one person did smoke however they didnt write me a letter stating their booking number or room - they got the rooms and people wrong i guess? - as i say one they accused was me and i didnt smoke. I made them believe the fine was for them and they have given me the money which i am holding.

 

This is why i am tempted to pay it to get them off my back and take away the risk - as its not coming out of my pocket.

 

However i do not want to contact them to state i will pay and find the other charge is still active too and they start chasing me for that.

[renegadeimp]

If you pay it then you are agreeing with this tactic. again you should ignore it. If the original company thought they had a case they would persue it themselves. Not use a second rate company that is lying and tricking you.

[dx100uk]

it is NOT A FINE.

 

its a speculative invoice

 

IF your mate wants to settle then pay the hotel DIRECTLY..

 

dx

[Cestui Que Vie]

If you pay it then you are agreeing with this tactic. again you should ignore it. If the original company thought they had a case they would persue it themselves. Not use a second rate company that is lying and tricking you.

 

Do Not Ignore this, since doing so is to admit the allegation;

 

Error, qui non resistitur approbatur - An error not resisted is approved.~ Legal Maxim

 

Instead insist on proof of their claim;

 

Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies. ~ Legal Maxim.

Give them about 3 days to respond, however you should state that failure to respond within this time constitutes an admission of Fraud and Attempted Blackmail on their part. As for any prosecution of these people hand it off to your local Trading Standards Dept and the OFT.

[dx100uk]

fotl twaddle

 

dx

[renegadeimp]

I was about to say the same thing dx.