Being taken to small claims court

Wywth · 20 November 2012 at 3:03PM

KevinM2k wrote: »

I am not very happy about paying this for multiple reasons:

1. We paid over £10,000 at the venue (moot point granted)

As you say, moot point.

KevinM2k wrote: »

2. I wasn't staying in the room at all

You made the agreement with the hotel and paid for the rooms.
You could try pursuing the errant party yourself for any loss.

KevinM2k wrote: »

3. Both sisters in law have said there was nothing wrong with the room when they left so it is there word vs ours.

Quite, so either come to a mutual resolution or be prepared to tell it to the judge.

KevinM2k wrote: »

4. They have basically ruined our day as we will always look back at the hotel and think about them harassing us with letters about this stain.

Well it was ruined (but I don't think you would win a claim against the hotel if you were to try purely on this basis) whether or not you pay the £180 claimed

KevinM2k wrote: »

5. We won't be able to ever stay there again for anniversary's etc because of the whole incident.

Again, that feeling won't change now whether or not you agree to pay the £180 claimed.

KevinM2k_2 · 20 November 2012 at 3:14PM

kathrynha wrote: »

£1800 for replacing the carpet? How bigs the room?

We've just replaced the carpet in a 4m by 10m room, Really good quality carpet with the very best underlay, fully fitted, grippers, door bars, door resizing and rehanging for £800.

They would only have the carpet to replace, not all the other costs, so that price is totally OTT. Also surely in somewhere like a hotel they would get stain resistant carpet.

It is a decent sized room but yeah £1800 did seem way to much, I think it was just a way that they could make £180 sound better (10% of the total cost)

if i go to court and I am only to lose £180 if I lose, i'll happily take it there and give my side of the story to the judge.

I think they are taking the **** personally,

Buzby · 20 November 2012 at 3:28PM

Your loss would be capped to be the amount claimed (£180?) and costs of £100 max - the cost of raising the action. Further, you can insist that (if you plan to defend) the case is held locally to you - which may inconvenience the hotelier further.

There is nothing stopping you making a counter offer of restitution - in that the coffee may have been/was disposed of incorrectly in the haste of departure, but that the resulting stains were caused by inappropriate further handling, which is why you dispute their version of events.

If the Summons has not been issued, it may be useful to offer a cheque for (say) £75 in full and final settlement of the claim. If they take this, that's an end to the matter. If they refuse, it can be useful in court that you attempted to resolve the matter without success.

KevinM2k_2 · 20 November 2012 at 3:41PM

Buzby wrote: »

Your loss would be capped to be the amount claimed (£180?) and costs of £100 max - the cost of raising the action. Further, you can insist that (if you plan to defend) the case is held locally to you - which may inconvenience the hotelier further.

There is nothing stopping you making a counter offer of restitution - in that the coffee may have been/was disposed of incorrectly in the haste of departure, but that the resulting stains were caused by inappropriate further handling, which is why you dispute their version of events.

If the Summons has not been issued, it may be useful to offer a cheque for (say) £75 in full and final settlement of the claim. If they take this, that's an end to the matter. If they refuse, it can be useful in court that you attempted to resolve the matter without success.

Hi,

Thanks that is really good advice - although i'm still a little hesistant to offer them anything, I can see where you are coming from and at least the whole situation would be resolved that way.

I will speak to my wife about whether we want it to go all the way or make a counter offer, if all the way I will make it local to myself.

I will try and contact them within the next few days, this will let me know how open they are to negotiation.

Thanks

Hmm71 · 21 November 2012 at 2:03PM

Let us know how you get on. In the end though try not to let it ruin the memories of your special day. Of course it's tainted the memories a little but your wedding day was just the start of what will be, we hope, a long and happy marriage. You've got so many more happy memories to come

.

CAB_Swansea_Bay_representative · 21 November 2012 at 4:02PM

Hi KevinM2k, thank you for your query regarding being taken to small claims court.
Firstly the reason they are threatening you with court is that you had the contract to stay in the hotel, not your sister in law even if she or her children did the damage. If you want to dispute the debt I would suggest you get a written statement from your sister's in law stating no damage done to the room when they checked out and put it in writing to them. If the hotel decide to go to court then you will have the option of defending the claim and you will only be liable for costs of the other party if you loose the case but you need to be aware that if you do not pay a judgement debt within 30 days of the judgement it will be registered on your credit reference. You can find more information on defending a county court claim at www.adviceguide.org.uk.
Hope this is of assistance.

agrinnall · 21 November 2012 at 4:47PM

My normal response to the situation as you describe it, which does make it sound like there's a good case that you SIL's actions were the underlying cause of the stain, would be to accept that £180 is a reasonable cost and pay up to make it go away. However, given what you have already spent at the hotel, I would suggest that you write to them to say that if they really want to make you pay up you'll see them in court with a selection of journalists to write about what a bunch of miserable money-grabbers they are. Might make them think twice.

Being taken to small claims court

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