Notice of Civil Claim from CRS (on behalf of Travelodge) for damage to a wall!!

Hi, I’m hoping someone may be able to offer me some advice / assistance.

This morning I received an unpleasant letter from a company called Civil Recovery Solutions (CRS) who are acting on behalf of their client (Travelodge Hotels Limited), relating to an alleged incident that occurred during one of my stays on 11th May 2012, whichr esulted in damage to a wall. They claim the damage is for £400, and that I either need to pay this within 14 days, or write to them denying liability within 10 days!

There was no damage to that room at all when I stayed, and I am shocked and appalled by the letter I’ve received, which is very ‘bullish’ to read! I have since stayed with the same hotel since May 11th, and not one member of Travelodge’s team has mentioned any damage, nor has Travelodge been in contact with me directly, despite having all of my contact details.

I don’t know what the damage is as they have failed to elaborate or provide a cost breakdown, nor its location, other than it’s to a ‘wall’.

This letter has come completely out of the blue, and as a total shock. All I know is, I can’t afford to pay £400 for something that I never did, nor am I willing to do so. Obviously I will defend myself; I just don’t know how to go about it. How do I prove or disprove such allegations? Surely it’s going to be my word against theirs?? How do I know a) the damage occurred, b) it was in my room, c) it wasn’t done after my departure, or even d) that it already existed before I stayed but I didn’t notice it (they haven’t confirmed which wall the damage occurred to or its extent!).

I was proposing to reply in writing denying the claim, and request photographic evidence of the damage, but I’m not sure if this is the correct response? Should I also contact the hotel I stayed at directly to query thewhole incident? I also feel that I should write to Travelodge head office for such an appalling way to treat a customer!

I noticed some similar posts on this Forum, but they were all relating to Smoking in Rooms, not damage to property, so I’m unsure of the best approach to this.

Thanks in advance for reading my post and any advice you may be able to offer,

Kind regards
«1345

Comments

  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    First of all if you are certain then reply denying the damage.

    Ask them for photographic proof of the damage with confirmation of when discovered, who by, where in location on the wall is the damage and what room.


    Follow up with same questions to Travellodge and enquire why you were not warned before details being passed to CRS.
  • scream85
    scream85 Posts: 18 Forumite
    Thanks for your advice CoolHotCold,

    I was also going to complain to Travelodge, for such an appaling way to treat a customer. Do you think I should send them a copy of the letter I am sending to CRS or not bother?

    What do you think the chances are of this ending up in Court? £400 is a lot of money to me and I'm worried about the costs of defending myself if the unlikley happened, and also how I can prove or disprove that I didn't do any damage to the room?

    Thanks again
  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    scream85 wrote: »
    Thanks for your advice CoolHotCold,

    I was also going to complain to Travelodge, for such an appaling way to treat a customer. Do you think I should send them a copy of the letter I am sending to CRS or not bother?

    What do you think the chances are of this ending up in Court? £400 is a lot of money to me and I'm worried about the costs of defending myself if the unlikley happened, and also how I can prove or disprove that I didn't do any damage to the room?

    Thanks again

    CoolHotCold said to send the same questions to TL
  • antrobus
    antrobus Posts: 17,386 Forumite
    scream85 wrote: »
    ....How do I know a) the damage occurred, b) it was in my room, c) it wasn’t done after my departure, or even d) that it already existed before I stayed but I didn’t notice it (they haven’t confirmed which wall the damage occurred to or its extent!).

    I imagine that any judge called upon the determine the case (should it ever get that far) will ask themselves the same questions.
    scream85 wrote: »
    I was proposing to reply in writing denying the claim, and request photographic evidence of the damage, but I’m not sure if this is the correct response? Should I also contact the hotel I stayed at directly to query the whole incident? I also feel that I should write to Travelodge head office for such an appalling way to treat a customer!

    I'd reply to CRS and copy to Travelodge head office simply denying any responsibility for the damage and repeating what you've told us here, i.e. "There was no damage to that room at all when I stayed", as far as you could see anyway.

    There isn't any more that you can do other than simply state that they've got it wrong and that you weren't responsible for the alleged damage.
    scream85 wrote: »
    ...What do you think the chances are of this ending up in Court? £400 is a lot of money to me and I'm worried about the costs of defending myself if the unlikley happened, and also how I can prove or disprove that I didn't do any damage to the room?...

    Who can say? CRS appear to be playing a similar game to Retail Loss Prevention, as in sending out 'speculative invoices' in the hope that a good number of people will simply pay up. How keen they are to actually test their claims in court is uncertain. I've heard that they claim that they are going to be more aggresive in pursuing matters through the courts, although whether that's actually true I don't know.
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    looking at the crs website they look full of themselves
    if i was you OP i would be looking to a solicitor for what is an harassment claim with menaces how a company like travelodge whom up to now ive always trusted and used have the audacity to send a claim via a third party rather than ask for your side first beggers belief, in fact if you were a one wonder poster i would have dismissed you as a troll clearly you are not
  • scream85
    scream85 Posts: 18 Forumite
    I really appreciate all of your comments, thank you. It's kind of you to give up some of your valuable time in trying to help resolve other people's problems.

    I will post back here if I receive any more correspondance and / or to let you all know of the outcome, so as to try and help anyone else found in a similar situation.

    Thanks again
  • Tara100
    Tara100 Posts: 258 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    scream85 wrote: »
    I really appreciate all of your comments, thank you. It's kind of you to give up some of your valuable time in trying to help resolve other people's problems.

    I will post back here if I receive any more correspondance and / or to let you all know of the outcome, so as to try and help anyone else found in a similar situation.

    Thanks again


    Hello

    Can you let me know any updates please, as my daughter has just called me in a very upset state, to say that the very same thing has happened to her.

    The letter received from CRS claims the wall was damaged at the TravelLodge she stayed at a couple of weeks ago, and that if £400 isn't received for the damages caused, then she will have to face court action.
    My daughter states that nothing at all happened during her one night stay, and she didn't notice any damage from a previous occupant.

    Where do we go from here?

    Thanks in advance.
    All you need is love (and chocolate)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Same problem, same amount claimed. Is this a scam being run?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Certainly sounds like it.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • BlueAngelCV
    BlueAngelCV Posts: 671 Forumite
    It sounds like a scam to me.

    I would suggest teaming up. Let each other have (redacted) copies of the letters and have a quick search online to see if you can find any others in a similar situation. Then send these copies to CRS pointing out that it seems very unlikely that you all damaged walls (are any the same hotel?) and that you will all be strongly defending any claims.

    Put them on notice that if they do pursue a claim against you then you will be seeking your costs of defending the claim (even though it would be a small claims matter) on the basis of their unreasonable conduct.
    Wedding 5th September 2015
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