Hotel counter suing for false sickness claim

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  • Pollycat
    Pollycat Posts: 34,688 Forumite
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    This appeared in The Northern Echo:
    http://www.thenorthernecho.co.uk/news/local/darlington/15314300.Couple_face_losing_home_after_Greek_hotel_countersues_over_holiday_illness_claim/

    It's a bit confusing as it starts off by saying:
    A COUPLE who face the prospect of losing their home over a holiday illness compensation claim say they intend to fight the legal challenge.
    and
    Today the couple, who live in a detached house in the town, declined to comment when approached by The Northern Echo – other than to re-iterate that the matter is in the hands of their solicitors.
    and goes on to say:
    Now the couple are trying to drop their claim and blame a company of solicitors for embellishing the facts. The firm, Opes Law denies any wrongdoing.
    Very strange.
  • soolin
    soolin Posts: 72,207 Ambassador
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    WAYT wrote: »
    Erm no. That was to close their claim against the hotel. Has no effect on the counter claim against them

    It is implied that If the original claim is dropped then they won't be counter sued.
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  • FBaby
    FBaby Posts: 18,367 Forumite
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    Good on the hotel. Tired of people getting slammered on alcohol in the evening and then blaming the breakfast for them feeling ill for the next 24h.
  • WAYT
    WAYT Posts: 694 Forumite
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    soolin wrote: »
    It is implied that If the original claim is dropped then they won't be counter sued.

    Perhaps you can point to the relevant paragraph. I think you have misunderstood what has been written.

    Opes want their fees and the other side will want their costs, at a minimum.

    I rather suspect they are being expected to settle.
  • WAYT
    WAYT Posts: 694 Forumite
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    http://www.dailymail.co.uk/news/article-3805916/Cowboy-firms-coaching-British-tourists-make-dodgy-claims-sickness-compensation.html
  • soolin
    soolin Posts: 72,207 Ambassador
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    WAYT wrote: »
    Perhaps you can point to the relevant paragraph. I think you have misunderstood what has been written.

    Opes want their fees and the other side will want their costs, at a minimum.

    I rather suspect they are being expected to settle.

    Settling though by dropping the case and paying off the relevant parties would be a great deal cheaper than allowing the hotel to continue with the claim against them.

    As others have said, I'm also interested in the apparent difference between what the couple thought they said and what the solicitors actually presented in the paperwork.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • Westin
    Westin Posts: 5,942 Forumite
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    If I was sitting in the Ivory Tower at either Thomson or Jet2 Holidays I would be very tempted to encourage this particular hotel to push on, not settle out of court, and take this through the courts. Perhaps even support the hotel's legal costs. It would be a very good example to make of these two chancers and the Compo chasing legal outfit encouraging them and others to try and make fraudulent claims.
  • WAYT
    WAYT Posts: 694 Forumite
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    soolin wrote: »
    Settling though by dropping the case and paying off the relevant parties would be a great deal cheaper than allowing the hotel to continue with the claim against them.

    As others have said, I'm also interested in the apparent difference between what the couple thought they said and what the solicitors actually presented in the paperwork.

    Indeed, but I suspect the litigants are somewhat peeved at the people who convinced them to make a claim in the first place, as I'm sure they were only told about the 'up side'.

    Now they are the ones to be saddled with a bill and a counter claim.

    I don't think that anyone believes that they had a genuine case, regardless of whatever they claimed being embellished.
  • soolin
    soolin Posts: 72,207 Ambassador
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    WAYT wrote: »
    Indeed, but I suspect the litigants are somewhat peeved at the people who convinced them to make a claim in the first place, as I'm sure they were only told about the 'up side'.

    Now they are the ones to be saddled with a bill and a counter claim.

    I don't think that anyone believes that they had a genuine case, regardless of whatever they claimed being embellished.

    When these compo chasers phone or eMail they certainly give the impression that a claim can be made regardless of whether it is real or not. We have a prolific one on a Facebook group I read, they keep being banned and just start up again with the same advert and a different poster. I suspect they are hitting the group as a few people have responded along the lines of 'my son had a dodgy tummy last year in Majorca, we were all fine but can I still sue even though we ate out several times and don't know what upset him ' and the response is always 'absolutely, you just say it was after eating in the hotel and they will pay you out- send me your details ...etc'.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • dawsinho
    dawsinho Posts: 85 Forumite
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    Well done to the hotel, don't get me wrong... if the hotel is genuinely in the wrong not a problem.

    Imagine building a great reputation and for it to be ruined by a false claim!

    D
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