Location not as described @emblefarms court claim issued **REFUNDED**

[BankFodder]

Not massively at this point – although the case would be started in the English courts.

No there aren't templates letters. I'm sure that you can't imagine that the circumstances of your case are so particular that we would have a template already for you simply to fill in the details and send off!

Spend a bit of time pulling down what you want to say and what you are proposing to offer or ask for – and then we'll have a look at it here.

[Vauban]

In fairness to the owners, the website does make it clear exactly where the "cabins" are (and the cottage):

 

https://emble.org/location

 

It just takes a moment's browsing to find.

[thebeehive]

The marketing states that the cabins overlook the sea and are over a mile away as the crow flies. 

[Vauban]

You do realise those two facts are not mutually exclusive?

[dx100uk]

they do overlook the sea.

its there even in the background of their photos!

and theres a map on the site that clearly shows their position..

 

 

[BankFodder]

Yes, I think if you raise this issue in court and go for your expectation losses then this question of the locality and the description of the holiday site is going to come under very close scrutiny – and you need to be very sure that you will be able to argue your case in a convincing way.

This is another reason why you are probably right to settle for the easier option and to get your promised refund – as you now appear to accept

[thebeehive]

That sea is in the distance over a mile away as the crow flies, with fields and multiple roads in between.

[BankFodder]

Well write a letter – not too much "in your face" in which you point out the discrepancies and also refer to his promise to refund you if you left and that you have the chat messages of this. Invite him to make the refund but suggest that if you have to go ahead and claim the refund then you will have to do raise the issues of the description of his site as well.

Then if you don't get refund within a few days, issue a letter of claim.

[Vauban]

4 minutes ago, thebeehive said:

That sea is in the distance over a mile away as the crow flies, with fields and multiple roads in between.

 

You have made that point already. But that doesn't mean that the website is misleading.  "Overlooking" doesn't mean "right next to".  You made some incorrect assumptions - including not only about the location, it seems.  As a piece of consumer advice I'd suggest you research your holiday choices a bit more so your expectations are not disappointed.  In this day and age, there's really no excuse not to.  As Bankfodder says, the fact that you've can show in writing a commitment to a refund if you choose to leave seems to be the strongest point of your claim.

[BankFodder]

Actually maybe a better and less conflictual approach could be to write to him, point out that he made the promise to refund you if you left did you did and so you think it would only be fair of him to make the refund. Don't mention the rest of the issues at this point.

If he doesn't reply within seven days or if he refuses, then maybe the thing to do is to write a further letter and point out that he's pushing you to County Court and that your claim will be for a much more serious amount including expenses and also bring up the issue of the description of the site.

I think a slow approach is probably the best here. If this guy loses his temper so easily in the way that you suggest, then he is clearly worried about losing Face instead of making rational decisions. Best thing to do is to try and help him save Face and to get your money.

If you back into a corner with all the other issues at an early stage then he might become more stubborn.

[thebeehive]

I have pointed out that they made the promise to refund and he dismissed that as being a gesture of good will. 

[thebeehive]

Here is a first attempt at a letter (is it ok to send by email?):

Quote

 

Saturday 21^stNovember

 

Dear Mr and Mrs Douglas

 

We paid £409 to stay at your cabins from the 19^thto the 22^ndof October this year. We were unhappy with our stay and on the 20^thof October Meg Douglas texted me to say that if we were unhappy that she would be happy to refund us for our stay. We then left on the 20^thof October and have not received the refund. On the 22^ndOctober Guy Douglas stated by telephone and email that you will not refund us despite promising to do so. 

 

We would prefer to have the refund as promised by Meg in her text messages to me, that I have on record. Should you continue to go back on Meg’s promise of a refund then we have no choice but to make a Small Claim in the County Court and will additionally raise the points of the confusion in the advertising on your website in addition to travel expenses and loss of income incurred for the days when we should have been on holiday. 

 

We look forward to resolving this matter swiftly. 

 

Regards

 

 

 

 

 

[BankFodder]

Yes you can send it by email – and it's fine although personally I would have avoided raising the other issues at this early stage

[thebeehive]

So the following would be better? :

 

Quote

Subject: Refund claim

 

Dear Mr and Mrs Douglas

 

We paid £409 to stay at your cabins from the 19^th to the 22^ndof October this year. We were unhappy with our stay and on the 20^thof October Meg Douglas texted me to say that if we were unhappy that she would be happy to refund us for our stay if we wanted to leave. We then left on the 20^thof October and have not received the refund. On the 22^ndOctober Guy Douglas stated by telephone and email that you will not refund us despite promising to do so. 

 

We would prefer to have the refund as promised by Meg in her text messages to me, that I have on record. Should you continue to go back on Meg’s promise of a refund then we have no choice but to make a Small Claim in the County Court.

 

We look forward to resolving this matter swiftly. 

We would invite you to carry out your original promise to make the refund. 

 

Regards

 

 

[BankFodder]

I propose some changes but it's your letter – and your litigation so you have to choose

[thebeehive]

Ok, I have sent an email incorporating your proposed less confrontational changes. I suspect that they simply won't respond. If that is the case then perhaps I should send a more strident letter indicating that I am willing to submit a small claim as suggested previously. And if that doesn't produce any response after a week then I will submit a small claim. Thanks for your opinion.

[BankFodder]

Yes, that is broadly the plan. You don't lose anything by sending this letter but it is helpful to demonstrate how reasonable and accommodating you have tried to be.

[thebeehive]

They have replied and said to refer to their previous email which said that they would not be issuing a refund. So it is now step two. Perhaps I could respond with some like the following:

 

Dear Emble Farm

 

I would urge you to reconsider your stance as your text message, that I have kept a record of, made clear that you promised a refund before leaving the premises. If you are unwilling to follow through on your promise then our only source of recourse is a Small Claim through the County courts. Please reconsider your position. 

 

Regards

[BankFodder]

Yes, that sounds reasonable enough.

[thebeehive]

I have not heard a response from Emble Farm to my last email stating that my only recourse is a Small claim and I doubt that they will. I want to be ready for Tuesday morning when it will have been a week since I sent that email. In the Small claims pre-action protocol it describes the first step as issuing a letter of claim. Do I still need to do this as all of the necessary information was detailed in previous emails and demonstrates a willingness to resolve this issue independently of the County court? Or can I go straight to MoneyClaim and start a claim on Tuesday morning?

[BankFodder]

You should follow the protocol and send a letter of claim giving them 14 days.

I suggest that you posted up here before you send it

[FTMDave]

The paragraph that starts "I messaged you on the 20th of October" is all unnecessary.

[BankFodder]

2 hours ago, thebeehive said:

 

 

Mr and Mrs Douglas

Emble Farm

Seahouses

NE68 7UY

 

 

Dear Mr and Mrs Douglas

 

Letter of Claim

Holiday Reference Number XXX

 

As you know, after we arrived it your holiday location on XXX date, we took issue with you in terms of the description of the location in your marketing material as compared with the reality on the ground.

After discussion, we received a message from you saying that if we wanted to leave then you would refund us in full. On the basis of that and also on the basis that the holiday location did not fit its description, we took you up on your offer and we left.

Shortly after that you reneged on your promise and refused to give us the refund and despite attempts to contact you about this, you have continued to withhold the agreed refund.

I have to tell you that if you do not provide us with the promised refund within 14 days then we shall sue you in the County Court for the recovery of the promised £409 plus ancillary travel expenses expenses which we incurred travelling to and from your holiday site in reliance upon  the holiday agreement between us, plus interest and without any further notice.
 

 

Regards

 

Dr. Thanh-Lan Gluckman

5/7 Lord Russell Place

Edinburgh 

EH9 1NQ

 

Edited November 29, 2020 by BankFodder
Dictation typo!!

[BazzaS]

Dictation software?

 

”you reneged” rather than “urinate” ??

[BankFodder]

Did it really say that???