Villa Nightmare - Statutory Rights?

10pmix

Hi All

I booked a villa with a company and upon arrival discovered that it had been misdescribed both in the the advertisement and in correspondence with the rental company. I rejected the villa immediately on those grounds and found alternative accomodation. The company has refused to provide a refund (or indeed any amount) and I have issued a claim through the county court. The defence they have submitted is laughable but I am still obviously worried about having to go court.

The villa company are not ABTA registed or anything like that. I booked the villa through an independant villa rental website.

I believe I must (as a consumer) have some statutory rights perhaps under the Supply of Goods and Services Act? I spoke to Consumer Direct who advised I had rights under the Sale of Goods Act but this doesn't sound right (I wasn't buying any goods but instead buying a rental service).

Does anyone know what my statutory rights are (if any) in order to help my court case.

Thanks

hollydays

What was the misdescription?

dmg24

Are the company UK based?

Alan_Bowen

If the company is UK based, and the description was misleading, then the company has committed a criminal offence. That of itself does not automatically entitle you to compensation but the fear of prosecution often has an amazing effect on their ability to loosen the purse strings. Therefore your next step is to contact your local Trading Standards office within your local council and make a formal complaint.

As an aside, the Defence you say is laughable, I fear it may say your contract is not with them at all but with the villa onwer, for whom they only act as an agent? If that is what the contract said, you may be in difficulties in proving any liability so go down the Trading Standards route.

hollydays

The OP has already contacted consumer direct-same difference.

Alan_Bowen

Consumer Direct are not linked to Trading Standards at all, they have no investigation or enforcement powers, and at times don't give the best advice at all

hollydays

Consumer direct is funded by the OFT and delivered in partnership with Trading Standards ( quote from their own website).
In which way isn't that a link?

Find it perplexing the OP has already gone down the court route but is unsure of what he/she is doing.

Is this a uk company? Did you pay by credit card?What was the misdescription? Did you do the transaction with the advertiser or the villa owner?

10pmix

OK lots of questions...

The company is UK based. The company own the villa also. I am not talking about a dispute with the third party company whose website/ service they use to advertise. I am dealing direct with the owner. The booking terms and conditions only covered return of deposit etc. No disclaimers for misrepresentation.

The misdescription was that the villa was peaceful and private but in reality it was anything but. It was adjacent to two roads with lorries and cars thundering by and was surrounded by other properties with people literally looking down on the pool area through their binoculars when we first arrived. I had specified to the company in my correspondence that the villa (as per the advert) MUST be private and quiet.

The defence lodged by the company is that they believe I was unhappy more with the town and the weather than the actual villa and was looking for an excuse to get out of the booking. Total tosh. The town was lovely and the weather was great. They also stated it could never be truly private due to its location but never told me that when I was booking.

I am not unsure about going to court or the court process. I am just getting conflicting advice about any statuatory rights. I have a civil claim of misrepresentation but wondered if the law could help in any other way ahead of court.

Consumer Direct did indeed send a complaint to Trading Standards without prompting.

Cheers.

10pmix

And I didn't pay by credit card. They insisted on BACS.

hollydays

So,Did they use the exact words "private and peaceful" in direct relation to the description of the villas LOCATION?

Or could it be interpreted that the inside of the villa was private and peaceful?
Definitions can be a funny thing legally.

c_l_a_i_r_e

How exactly was the villa described in the advertisement?