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Hi,

 

I was just hoping for a little advice. I have been sent letters from CRS in regards to smoking and damages to 2 rooms during a stay I booked on behalf of my Boyfriend and his mates, demanding £430 for damages/compensation.

 

I have spoken to all members of the party and they catagorically deny it, I trust them completely, and so I replied to the letters confirming I won't be paying and requesting proof.

 

They have since sent a response containing some non-desript photos of generic damage, they aren't dated etc and theres no way of showing they are from the specific rooms they're referring to, as well as the "incident logs" stating the night porter visited the room in regards to a fire alarm fault. They have also included an "invoice" but all the claims are for "compensation of cost" not cost.

 

I sought legal advice and was told that the "evidence they have sent" is purposefully limited and wouldnt stand up in court, and advised to reply reiterating my denial of the incident and advising them I will bnot respond to further correspondence unless the law requires me to. However Im concerned. so I have a few questions I want to ask before I send a response, if anyone canhelp me out that would be really great!

 

1. I was not present during this stay, originally the 2 claims were sent to my address in my boyfriend and one of his mates names, however the claims have been moved into my name as CRS state that the designated person of each rooms have "refused to resolve the issue". They have not refused to resolve the issue, they both phoned, stated they denied the allegations and refused to pay without proof, at which point CRS advised them they will not discuss the matter further with them and would only speak to myself. When my boyfriend requested the claims to be moved into his name so he could deal with it as I was not present, they refused. If this went to court, where do we stand in being able to move the claims out of my name and into my boyfriend and/or his mate, as they would like it to be?

 

2. The "report log" is not dated or signed. It states that the night porter attended the room against which they have made smoking claims, due to a fire alarm fault. Refitted the alarm and then left. It states the next morning, he found Ash on the window sill and the smell of smoke. CRS advised us it was another customer who had reported the smell. Also, if the party had been smoking prior to the porter arrival while the fire alarm was disengaged, he would have smelt very strong smoke at that time. He confirms he refitted the fire alarm himself, so they wont have been able to smoke after he left. Would this be sufficient flaw in evidence to dispute this claim should it go to court?

 

3. The second claim for damages, in the incident report it states that the porter let someone else into this room without the occupants permission. He says its reasonable as they gave the right name and room. They were members of the same party and they took the matress of the bed as a prank. the night porter escorted the real occupants to the room adn asked they replace the matress and then left. He says he saw damage later the next day that he "hadnt noticed". Would this be sufficient flaw in evidence to dispute this claim should it go to court?

 

4. Is "compensation of cost" actually legally binding claim invoicing? I was under the impression they can only claim for actual losses, I notice their careful in their wording...if it was the actual cost, surely they'd put "Cost" without the compensation. I also know that CRS receive a commision on the claim, which isnt invoiced, so this must have been built into the "compensation"...

 

5. Have requested full and satisfactory evidence from both CRS (who provided no specific and vague information "for my reference only") and Traveloge (who refused directly to me and advised CRS they'd only provide in court"). Given their refusal to provide satisfactory evidence to resolve the matter outside of court, if this went to court, would this be sufficient reason for them beging denied the right to reclaim legal cost should they win?

 

6. Anyone aware of any of these cases actually going to court??? I've found lots of people getting the letters but no-one seems to have ever been taken to court!

 

At the end of the day, the party didnt cause these damages so I will only pay if they can provide absolute proof or I am ordered to by a court. Im disgusted by the attitude of CRS, they're so rude and agressive, story changes every few days, and Travelodge are just as bad, they've even ignored my written request for all data on myself and the bookings in question and told me they wont discuss the matter further with me!

 

Im not gonna respond to any more of CRSs letters, and Im pretty confident that should it go to court, they wont win, everythings so "sketchy", but I would like my mind putting at ease a little!!!!

 

Cheers m'dears

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I don't think they can refuse to comply with a valid Subject Access Request for data.

 

So perhaps resend it and add a note that you will issue a claim against them for non compliance if they refuse.

 

We have had quite a few of these "smoking claims" from Travel Lodge and you are correct, they do not appear to have ended up in court.

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Does you boyfriend or any of his mates smoke, socially or otherwise, Could it have been a drunken boys night in the room smoking without thinking, While i agree travel lodge is sketchy with the current evidence IF smoking was done in a no smoking hotel then they have every right to try and claim costs so you cant blame them for that

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No, they arent like that and they've said they didn't, I believe them and i 100% believe my boyfriend. I agree TL should deal with damage situations, but we havent damaged anything and they're being purposefully evasive in trying to resolve the matter outside court. Im not happy about it, its not nice not knowing whats going on and being harassed for something we havent done, I want to resolve it and I've said if they can provide 100% proof, I'll pay, but they can't becuase they didnt damage anything. My guess it that the negligence of TL and CRS in their "protocal" and company responsibilities is probably enough to stop it going to court

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I don't think they can refuse to comply with a valid Subject Access Request for data.

 

So perhaps resend it and add a note that you will issue a claim against them for non compliance if they refuse.

 

We have had quite a few of these "smoking claims" from Travel Lodge and you are correct, they do not appear to have ended up in court.

 

 

For it to be valid I was told it just had to being writing requesting "all data on XXXX and XXX", I checked and it can be posted or emailed and does have to specifically quote the FOI or DP acts to be valid, that should be enough right?

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For it to be valid I was told it just had to being writing requesting "all data on XXXX and XXX", I checked and it can be posted or emailed and does have to specifically quote the FOI or DP acts to be valid, that should be enough right?

 

You need to enclose £10.00 with the request and all you need reference as is..

 

"Data Protection Act 1998. Subject Access Request"

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 months later...

I've not heard from them for about 4 months now so fingers crossed they've given up! This is what happened over the months they did keep bugging me from the first letter...

 

1. Letter sent to CRS, signed by myself and the 2 party members who were previous harassed, stating we denied the claim and had no knowledge of the events described. Requested evidence such as photos of damage that were time stamped and proved this was in fact the rooms in question, and made a formal request for all the information they held about myself, the claim and the damage in question. Also sent a copy of this and complaint letter also sent to Travelodge CEO office.

 

2. Received another 2 threatening letter from CRS with no mention of my letter. Received an email from Travelodge saying its nothing to do with them and "out of their hands", and also stating they have nothing to provide evidence wise.... well dodge! No response to my request for my information, which they're legally obliged to provide if requested. Other party received an email about MY complaint to HIS email address that they had previously claimed they didn't have and couldn't contact him hence why I was being harassed.

 

3. Finally received a letter from CRS with generic photos of some ash on a window sill, a broken bed and a statement that they are not legally required to produce evidence, and a "invoice" for "compensation for cost" of various damages, not actual cost of damages. Given this smartly added up to a nice round number and didn't mention the massive overhead they make on each poor person who pays up, I ignored it on the basis of it being b******s.

 

4. Letter sent to CRS stating that they have not provided the evidence i requested and what they had provided has not way to distinquish location, time/date or persons responsible. I advised them that I had my stance clear and woud not respond to any further correspondence from them unless it provided sufficient evidence to support their claim. Also said I would defend myself fiercely in court should the matter go that far, including making a counter claim for legal costs/distress and harassment incurred due to the issue. Letter of complaint sent to Travelodge regarding their refusal to provide information they say they don't have but CRS claims they do, and again reiterated i would not respond to further correspondence from them or CRS.

 

5. No further correspondence from Travelodge, 3 more threatening letter received from CRS, 1st trying to belittle my response/knowledge of british law, 2nd threatening interest on fine if i didn't pay up, and then third was exact copy of the first letter i ever received. I ignored all 3 and haven't heard from them since.

 

 

They went full circle and gave up I think. Unless I get a sudden court summons now, but I doubt it. Just hang in there and persevere, I know its really upsetting and stressful having that hanging over you, but don't give in and pay them!

 

Good luck! :)

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Oh! We also found out at one point that the receptionist who made this claim had given one of the room keys to the wrong people, same party but wrong guests, but apparently this breach is legally "inconsequential" so long as its under the same booking...just something to bear in mind if your booking groups/big business trips, apparently its fine for them to let your colleague into your room without your permission....

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