UK Holiday & Small Claims Court

ep915

Hi,

Just wanted to find out if anyone had ever taken a UK self catering cottage company to the small claims court and how they got on.

We booked and stayed in a self catering cottage last summer (four of us, 2a & 2c) at a cost of £850 for a week, which is more than we normally pay for a cottage but we thought we'd splash out as it was described as equipped to exceptionally high standards, the couple of photos seemed to back this up.

Unfortately the standard was not high in the slightest, black patches of mold on the ceilings, damp patches, some of the windows didn't open because the wood was so swollen, damp and rotton. One of the chairs in the lounge was broken and when you sat on it you disappeared. The TV was really old and the picture as terrrible, the carpet around the toliet was very smelly. The grass in the garden obviously hadn't been cut for a very long time and so we couldn't really enjoy the garden. To top it all the dishwasher broke down.....:mad:

During the holiday we did complain about the dishwasher but nothing was done about it. However as all the problems where major maintance problems I knew that nothing would be done during our stay plus also I wanted to double check the property discription on my return home.

When we returned home we realised that we had been mis-lead greatly by the letting agent and so I wrote a letter of compaint, I received no reply, so I emailed them a copy, basically I repeatably chased them for a reply and it wasn't till I contacted Consumer Direct who told me that I should quote the Supply of Services and Goods Act 1982 and give them a deadline to reply and requesting compensation, that I yesterday received a reply.

They have sent me a cheque for £25 plus a discount of £50 off my next rental (as I'd never ever rent from them again this is pointless!) and they have told me that my standards are too high...also that according to their booking terms (which they never sent me) I can only claim compensation if they and the caretaker inspect the property during the stay.

Consumer Direct say that the only choice is for me to take them to the small claims court. I now really don't know what to do, I am so angry with them basically for mis-selling me this holiday home, and would be just really grateful for any advice or stories of similar experiences in the UK and how you got on.

Thanks in advance.

Voyager2002

You need to decide what you want from the owner of the cottage. Write, explaining how you calculated the figure, and make it clear that if they are unwilling to cooperate you will take them to court. The chances are that they will come some way to meet you: defending it in court would be expensive for them.

Madmel

As a self-catering cottage owner, I think you have a good claim. Don't accept the measly amount you have been offered. Go back and demand more from the agent, telling them you will happily email your cousin who works at Watchdog who is desperate to run your story of woe if they don't reconsider. There is a website mentioned on here where you can post exactly what you think of a s/c cottage. I'll try to find it

I wish I could get away with charging £850 for a week in the peak season :rolleyes: Sadly as we are a little off the beaten track and 3 miles from the beach, it's not possible.

But there is no excuse for mould, non-working applicances or the garden being unkempt.

In my experince, yes, things stop working. I always ask my guests to tell me as soon as they are aware of a problem. As DH works long hours, sometimes something has to wait until he gets home for it to be repaired BUT I always explain that and offer stuff from my own house if necessary and so far everyone has been fine. I think that if you are honest, people are prepared to cut you a little slack. My door is only 10 feet from the cottage door so I can at least keep an eye on things.

However, we have had nightmare guests, including the awful family whose children picked our apples and lobbed them at the greenhouse then they ran on our garage roof, took our kids toys and threw the swings over the frame so my kids couldn't play on THEIR swings. Then there was the couple with the large old stinky dog who were as nice as pie all week until their dog picked up a tick from the common. She hammered on the door demanding something and got really shirty when I didn't know what she wanted (not a dog owner or tick expert) It turned out nail varnish remover would do so I lent her mine. She used half of it, did not offer to replace it, or even thank me, then as she sat revving the car outside, her other half told me all the things that were wrong with the cottage (the toilet not sterile, the cutlery not polished, the kettle not shiny white on the inside...)

SAMHP_2

We too have had experiences with cottages we have booked via letting agencies, although not to the level you have experienced. Sadly, when you complain on return home they simply say "we'll look into it" and of course they never do unless you pursue them vigorously.
Have you any photographic evidence to show how far removed the place was from the advertising blurb?
I would definitely go the Watchdog route (I've used this ploy myself a few times) and, if by any chance you are a member of Which you can get legal advice from them for a very very modest amount. (if you're not a member, it may again be worth simply suggesting to the agency that this is the line you will pursue if they are not forthcoming)
Continue to pursue them; write in detail on every holiday forum you can (but be VERY careful to stick to the facts rather than opinions because they CAN sue you for defamation!)
£800+ IS a lot of money in anybody's books - I would have expected it to be absolutely first class. Please do not give up.
Incidentally, the site Madmel may have been referring to was probably
www.myholidaycottage.co.uk - which will definitely want to hear from you.
Also let them know at www.therealvisitorsbook.co.uk because although they only post the places that are recommended, they say they keep a careful list of all those places NOT recommended to make sure no one tries to sneak in a fake review.
If, as I imagine, this is a large letting agency, they simply cannot afford the negative publicity, so tell them you're going to pursue it as hard as you can.
Good luck
SAM