Made claim against Butlins using MCOL- what now?

buel

assj wrote: »

Yes, I have also just made a claim using MCO against a Company , can you keep me updated please... I'd be really interested to know how you get on and how you find things :-)

Of course!!

buel

Spacey2012,
Thank you, that sounds excellent advice!
Just to clarify: Do not 'argue' with what they say but just stick to what I say and perhaps provide evidence to back up my claims?

[Deleted User]

Well I don't know if you can now help me, but Virgin Media replied to me saying they don't have to repay me and that they are responding to my pre-County Court Claim Form. Anyone know what I should do next, I used MCOL as per the OP in this thread? I thought they would respond using MCOL and use the correct forms???

buel

Well I have now received their defence, which is basically:

• 'Mr X should have complained to the help desk' (I did)
• Mr X and his party was shown the accommodation upon arrival and didn't complain then (I was not shown the accommodation, I was given a swipe card and told where the room was)
• If Mr X has raised his disappointment, it would have been resolved within 2 hours (I did and it was ignored)
• Mr X did not use the 'Reception' to complain (I did)
• Mr X did not complain until 4 months after his stay (I did, they did not answer my first letter sent 3 weeks after my stay but replied to my second letter sent 4 months later after giving them ample time to reply)
• Mr X sent a second letter 2 months later and a final letter 12 months later (After their second reply stating that they denied my complaint I felt as if there was nowhere to turn. Only after 12 months did I see an article on TV explaining how people can attempt to claim their money back via MCOL, so I did)
• Mr X has since returned to this particular Butlins (Is this an actual defence? Am I supposed to never return again?)
• Mr X referenced an altercation he had, this is not something we can be held responsible for and our team handled ir professionally (It happened on site and they handled it terribly)

I stayed at their venue with three other friends, they all witnessed me complaining to their reception (more than once), they witnessed that we were NOT showed to our apartment and they witnessed that the Butlins staff handled the assault on me very, very poorly.


Surely if these 3 friends issue witness statements then this will help?
Also, in my original letter, I included photographs of the poor standards of the accommodation, such as stains on the carpets, mould growing in the bathroom etc. This was ignored in any replies.


Please can I ask for some advice? Is it ok to respond to the above bullet points?


I should mention that the defence was submitted by the 'Head of guest services', so not a lawyer?

Finally, the court have enclosed a leaflet suggesting I try a free mediation service, would it 'look better' if I took up this offer?

buel

Any help please?

buel

Hi,
Please can anyone help me with this MCOL claim?

buel

Hi,
Please can anyone help me with this MCOL claim?

mum2one

basically butlins will have had a lawyer draft their reply even if it is signed as head of services,

What you need to do now is stay calm, don't panic (I know easier said than done), as there be trying to uproot you from your original complaint, so you need to be 100% sure that you can back everything up, I know you have your 3 friends, but would they be prepared to stand up in court if it came to it, I don't know about the mediation, check that out if you refuse without a genuine reason I would check where you'd stand, ie if you took the mediation and lost would you lose your case altogether x

buel

Hi,
Absolutely brilliant advice!! Just what I needed, thank you so much!!

buel

Hi again.
Please could I ask for some advice with the Allocation Questionmaire?

Firstly, it asks 'Is there any reason why the case needs to be heard at a particular court?'. Am I allowed to choose a court local to me purely for the reason that I would prefer not to travel to Northampton, which is 300 miles away from me?

Secondly, is it worth me trying the free mediation route that i have been offered and have i anything to lose by choosing this?