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Old 17 July 2010, 06:53 PM
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LeeMac
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Default Anyone got info on small claims

Some @rse is doing me by small claims

Basically -
House in France I rent out, small cottage with a pool
note - its a cottage and not a brand new modern minimalistic top of the range lardy dah
We went over for 4 weeks in April to get it ready, bit of painting, get pool sorted etc

anyway, they knocked me down to £580 for 12 days in June
got the money off them and a £200 security deposit prior to them arriving

they got there and phoned me saying it was a mess, dirty, walls needed jet washing!
thought f**k me whats happend, he said nothing less than a full refund so said no problem
phoned caretaker up, couldnt believe it, was there only a couple of days prior, they said they would go round and clean again if neccessary
they refused this and said they were going to a hotel
now, heads in bits at this time

long story shorter
an agent went in a few days before showing someone around (now buying it all being well)
and they said it was fine, no problems
I said they werent getting any money back due several people saying it was ok
they phoned every day asking for money then got some @rse to pretend they were french and from the maires office but messed up and ended up putting phone down
so it was doing our head in and incase they were going to contaminate the pool I said they could have their money back
they got home and asked us again and we gave them the money back minus the £200 sec dep

now just got a letter from small claims!

now, in my book they dont have a leg to stand on and if they lived a bit closer they wouldnt but

never had any dealings with small claims and such

whats the score?
Old 17 July 2010, 06:57 PM
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get a solicitor, win case and get costs back off them..............they lose

Shaun
Old 17 July 2010, 07:12 PM
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Read this first.

http://www.hmcourts-service.gov.uk/c...ms/ex303_e.pdf

Don't get too worried about it and don't pay them either (unless the magistrate rules in there favour, unlikely imo)

Fill out the Acknowledgement of Service, so you have an extra 14 days to write your defence and gather evidence, witness statements, get pictures etc

I can't see them winning tbh Also log and write details of your time that you spend doing all of this, you are allowed to charge £9.75p/h
Old 17 July 2010, 07:25 PM
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cheers

have completed the defending bit but not the counter claim although I think I am entitled to the full payment

wish I hadnt given them anything now
Old 17 July 2010, 07:25 PM
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bigsinky
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Originally Posted by LeeMac
Some @rse is doing me by small claims

Basically -
House in France I rent out, small cottage with a pool
note - its a cottage and not a brand new modern minimalistic top of the range lardy dah
We went over for 4 weeks in April to get it ready, bit of painting, get pool sorted etc

anyway, they knocked me down to £580 for 12 days in June
got the money off them and a £200 security deposit prior to them arriving

they got there and phoned me saying it was a mess, dirty, walls needed jet washing!
thought f**k me whats happend, he said nothing less than a full refund so said no problem
phoned caretaker up, couldnt believe it, was there only a couple of days prior, they said they would go round and clean again if neccessary
they refused this and said they were going to a hotel
now, heads in bits at this time

long story shorter
an agent went in a few days before showing someone around (now buying it all being well)
and they said it was fine, no problems
I said they werent getting any money back due several people saying it was ok
they phoned every day asking for money then got some @rse to pretend they were french and from the maires office but messed up and ended up putting phone down
so it was doing our head in and incase they were going to contaminate the pool I said they could have their money back
they got home and asked us again and we gave them the money back minus the £200 sec dep

now just got a letter from small claims!

now, in my book they dont have a leg to stand on and if they lived a bit closer they wouldnt but

never had any dealings with small claims and such

whats the score?
**** me what a bunch of cvnts. i would be happy just getting away to France for 10days FFS
Old 17 July 2010, 07:35 PM
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we had 2 lots in since, one says they didnt want to go back home, others said they loved it

cheaper than a caravan in Rhyl
Old 17 July 2010, 07:43 PM
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PaulC72
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Originally Posted by LeeMac
we had 2 lots in since, one says they didnt want to go back home, others said they loved it

cheaper than a caravan in Rhyl
Maybe get a written statement from them also to back up your defence etc.

Also did the person ever provide any photographic evidence to back up his claim for a refund? if not you shouldn't of given them anything back without some proof sorry.

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Old 17 July 2010, 07:51 PM
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I know I shouldnt have given them anything but the fact is I was in the UK they were in France
they could have done something to the house/pool and ruined holidays of those arriving after
I didnt want to chance that
Old 17 July 2010, 07:54 PM
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How far away from you do they live?

You can insist that it is heard near to you as they are taking you to court iirc, so they will end up being screwed around having to come to you.

Speak to citizens advice as they sound like a bunch of chancers who changed their mind (maybe got a money off voucher for a hotel) and want to get their money back.
Old 17 July 2010, 07:55 PM
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Last edited by JonMc; 17 July 2010 at 07:55 PM. Reason: double post
Old 17 July 2010, 08:05 PM
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they - Chelmsford
me - Cornwall
Old 17 July 2010, 08:07 PM
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Check this out

http://www.hmcourts-service.gov.uk/i...aims/index.htm
Old 17 July 2010, 08:07 PM
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Last edited by JonMc; 17 July 2010 at 08:09 PM. Reason: double post
Old 17 July 2010, 08:09 PM
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Originally Posted by Midlife......
get a solicitor, win case and get costs back off them..............they lose

Shaun
Not in the small claims court mate. The whole point is that costs aren't paid (although the court costs are recoverable).
Old 17 July 2010, 08:11 PM
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Originally Posted by LeeMac
they - Chelmsford
me - Cornwall
Once you've filed the Defence the next stage is to file another document called an allocation questionnaire. The case will be transfered to the Defendant's (your) home court
Old 17 July 2010, 08:12 PM
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PM me if you have any other questions.
Old 17 July 2010, 08:41 PM
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Originally Posted by LeeMac
cheers

have completed the defending bit but not the counter claim although I think I am entitled to the full payment

wish I hadnt given them anything now
I would just defend the £200 they are claiming, personally I wouldn't counter claim the £580, as you have already given that back to them, a Magistrate could view that as acknowledgment of admission.

In terms of damage limitation, monetary wise, throwing a claim back to them for that sum of money could trigger them to involve a legal professional, although you wouldn't have to pay for that if you lost, the chances of losing will be greatly increased.

What are the chances of them doing a 10 hour odd return journey for £200? If I was a betting man, I would put a few hundred quid on, that would never happen.
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