Travelodge smoking claim and CRS - what to expect next?

ellay864

I know there's been a couple of threads on this before. I've been landed with a letter from Civil Recovery Solutions on behalf of TL claiming compo for smoking in one of their rooms. The room in question was used by my brother, staying there, along with friends and family in about 9 other rooms, to attend my wedding 2 weeks ago. He does smoke but did not do so in the room, though it's likely staff could have seen cigarette packets and their clothes (which are on open railings close to the room door as no closed wardrobe) would smell of smoke.
However what he and all my other friends have said is that rooms already smelt of smoke thanks to a large outside fire from the industrial unit behind the TL. A fire that not only left rooms smelling of smoke but deposited ash all over cars at the front of the TL. I've spoken to the TL manager who was totally unhelpful and have now sent written denial of liability to CRS. All my friends are willing to support me with written statements about the outside smoke if need be, but I just wondered what I might expect next. If they're determined to pursue court proceedings I can't afford a solicitor; is it likely to get that far? I'd just like to know what may happen next with this

bod1467

Do you (or any of the party) have photographic evidence of the outside fire? (Camera on phone is OK). Digital photos are date/time-stamped (and so are any edits, so if you do have any don't edit them). Such photos may help your case as providing proof of external factors.

To be honest (IMHO) the burden of proof lies with TL.

Mrshaworth2b

Travel Lodge will have cameras around the building so they should have been able to see it. Why have they got in contact with you and not the guests who were staying? Have you explained to the manager that it seems strange that all the rooms smelt of smoke (i work in a hotel and its not often you get many room smelling of smoke, its always just the one) Unless your family smoke 60 a day it wont smell the room out.

sarahg1969

Drop Civil Recovery Solutions a line, stating that the debt is denied (not disputed) and they must cease contact with you and return the matter to their client. That's it.

bod1467

OP says TL have contacted them about smoking in only one room, not all. I suspect OP block-booked several rooms in relation to the wedding, hence TL will have OP's contact details and not the brother's.

Edit: that was in reply to Mrshaworth2b.

ellay864

Thanks all. No we don't have any photos taken of the fire...although a few guests were a bit annoyed none of them felt strongly enough to make a fuss of it, it was a fun get-together for a wedding and they were here to enjoy themselves. If we'd known it would come to this they'd have said more but hindsight's wonderful isnt it!! I had booked 5 rooms, and this one was actually in my own name - the website had done a wobbly so I'd not been able to put guest name in. But their letter says that as the contract was between me and TL I was responsible even the room was occupied by somebody else.
But 5 other rooms were booked by friends and one other set of friends also got a letter. Probably no coincidence that they were the only other smokers, although they also didnt actually smoke in their room either. Unfortunately they have actually gone and paid though have taken steps with their bank to have the payment stopped. The wife saw the letter and thought her hubby had been daft enough to smoke so didnt make a fuss and just sent off payment!
I have told CRS that I am denying any liability and that I hope this is the end of the matter; I've cc'd the letter to the TL regional manager as well. Given the overwhelming number of people who can testify to the fire outside I hope they'll drop it as I don't believe they can prove that my brother was actually smoking in the room. I don't think they can really make a case but really could do without the hassle - not the best way to be starting married life!!

sarahg1969

They are wrong about you being responsible. The only term relating to smoking on their website says:

You must not smoke in any of our hotels or interfere with our fire detection system. If you do so, we will terminate your Booking without refund and require you to leave the hotel immediately. You authorise us to charge you any costs we incur if you smoke or cause damage in our hotel including costs for specialist cleaning (to make the room fit for sale as a non smoking environment) and the cost of the room for any time period it is unusable. You authorise us to charge this amount to the payment card used in your Booking. We will send you (at the address on the Booking) a breakdown of these charges within 10 working days. We may refuse to accept bookings from you in future.

Also bear in mind that, as you've not smoked, you have not authorised them to take any money from your card.

ellay864

Sorry, I meant that it's me not my brother that it's coming to as I made the booking. The CRS are saying that I'm the one agreeing to the T&Cs even if I wasn't the occupier or perpetrator.
As for taking money, TL haven't taken it themselves on my card and I can't see that they would as they've instructed CRS to get me to make the payment. From what I can understand this sort of tactic is more likely to scare people into paying as it threatens court proceedings if payment isn't made. I have checked my bank stuff and no payment has gone out. According to the letter I have 14 days to pay, or 10 days to tell them if I intend to deny liability; I've got the letter written ready to go tomorrow and have already sent it by e-mail as well

McKneff

I have to say it, Im a smoker and I can smell smoke from a cigarette a mile away, I can walk into a room and tell if someone has been smoking in there a week before.

There is a distincive smell with cigarette smoke, nothing compares to it, even if the building next door was on fire and filled the room with smoke, it would not smell of cigarette smoke, sorry, It may well have been the people before but the maids would have spotted it surely.#



But good luck with your fight.

One thing i might add which might help you.
I have noticed, at least in Leeds Travelodge, there are signs up saying we will 'fine' you, they cant fine you, fines can only be issued by courts and officialdom. It may, if you check just get you out of it.

dacouch

Worth a read http://www.citizensadvice.org.uk/index/pressoffice/press_index/press_20090812.htm

ellay864

McKneff wrote: »

There is a distincive smell with cigarette smoke, nothing compares to it, even if the building next door was on fire and filled the room with smoke, it would not smell of cigarette smoke, sorry, It may well have been the people before but the maids would have spotted it surely.#

I can accept a smell of cigarette smoke...my brother and his partner both smoke, their clothes would smell of smoke and as they don't have wardrobes, the first thing inside the door is an open rail with their coats on that would smell of smoke. But I don't believe there's anything in their T&Cs that bans people who are smokers or may smell of smoke. And they may have seen cigarette packets but that doesn't mean they were smoked in the room.
They claim they need £150 as the rooms will need specialist cleaning and could nto be let out due to the smell...but they were quite happy to let them with the smell of smoke from the other fire