Sykes cottages

Pollycat

Sykes Cottages are specifically mentioned in this MSE article:

https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights/?_ga=2.165191995.502291125.1587284438-278771506.1587284438

You will need to scroll down.

There's even a link to template letters if you want to threaten court action.

JamJam1992

I have already sent off my first template stating that unless I receive a full refund within 7 days of receiving the letter than I shall be threatening court action.  Once they replied claiming that it is reasonable for the property owner to claim expenses I responded to their previous email with a quote from the CMA and reiterating that I will be taking court action if I don't receive the full refund. I'll keep you all updated.   

Life__Goes__On

JamJam1992 said:

I have already sent off my first template stating that unless I receive a full refund within 7 days of receiving the letter than I shall be threatening court action.  Once they replied claiming that it is reasonable for the property owner to claim expenses I responded to their previous email with a quote from the CMA and reiterating that I will be taking court action if I don't receive the full refund. I'll keep you all updated.   

Thanks, will be very interested in the progress.

Browntoa

From the weekly newsletter

Pollycat

Browntoa

That's the same wording as the link I posted at the top of this page.

And the same as the link I posted 3 days ago.

<sighs>

DamInc

All, bit of advice needed if you can.  

We booked a holiday with Sykes for me and my family for the Whit week, the last week of May (the half term).  We booked this in early November, well before the C-19 pandemic.  We were taking my mother, an over 80's type 2 diabetes sufferer.  We used the option of the low deposit option and paid £20 or thereabouts to secure the week.  The week was to cost £836 in total.

Obviously, when this all kicked off, we started contacting Sykes to say look, we can't go.  They said we could rearrange the week.  We also have a small child, hence the half term week in May.  They offered us the same property in the October half term week.  Except that, when we checked on their website for the same week in October for the same property and it was £722 (we took a screenshot of this).  They then emailed us stating that they also wanted another £30 for "seasonaility" on top of the £836 for that October week - when they're offering it for £722 for anyone else.  This, to me, was completely unacceptable.  I don't mind being a bit flexible but this felt like they were taking the mick.  We didn't say anything else to them at this point

We realised that we still owed the remainder of the deposit (around £270) for the week in May.  The lockdown happened and we definitely can't go (if lockdown hadn't happened, we could have gone without my Mother).  My Wife spoke to our bank (HSBC) about the situation and the savings card we used, they advised us to cancel the card, get a new one and not pay them a penny.  My wife duly did this.  Believe she cancelled the holiday at this point too.

They're now chasing the remainder of the deposit.

I've seen the posts made by Dean Dunham in regards to Sykes (https://theconsumerlawyer.blog/2020/04/07/update-sykes-holiday-cottages-refunds/).  Now, to my non-legal trained mind, I suspect that them increasing the cost of the week for the same property falls foul of Dean's point about the Schedule 2 of the Term 15 (ignoring the other points he's made about Syke's T&C's).  Would people agree?  My issue is, I have them chasing for the rest of the deposit for £270.  I can't go in May.  I'll be damned if I'll use Sykes for anything so this is effectively me chucking £270 down the drain.

If this went small claims, would I have a leg to stand on, or best suck up the pain and give them the £270?  I'm fairly comfortable with it going small claims, trying to fight back and paying it off immediately if I lose.  No CCJ on record, etc?

What do you reckon?

Cheers all.

Denty221

Cottages.com are trying a similar but different tactic- offering to delay the balance due until 3 weeks before your holiday but then if you cancel at that point they are invoking their sliding scale cancellation clause which means you are then liable for 90% of the holiday cost. Dreadful behavior - can't get through on the phone to them which is the only way they will accept cancellations. No response to website enquiry after 6 days. 
Martin- someone needs to get their tactics published and stopped. 

Life__Goes__On

Just my opinion
What this is about is contract law, you both agreed to a contract you pay the money  and you get a place to stay.
You have broken that contract, so are in breach,  but they will have to show that the breach caused them a loss.
Normally that could be easy  as if no one else stayed in the property the loss would have been the money made from renting out to someone else.
Now in your case, that property could not be rented out,  so they have suffered no loss in by you not paying.
So I would be more than willing to not pay, but that's my choice.

I would certainly be drafting a letter as  such, asking for a breakdown of the loss suffered by them considering the property was impossible to rent.

 

Life__Goes__On

To give how a breach works

If I was self employed and waited all day in for a delivery and it never turned up, I could claim a day loss of earnings from the delivery company for the breach of contract so  I claim £200

If I was unemployed and waited all day in for a delivery and it never turned up, I couldn't claim anything as I suffered no financial loss (just time doesn't count)

So same breach,  but different outcome.

JamJam1992

Life__Goes__On said:

JamJam1992 said:

I have already sent off my first template stating that unless I receive a full refund within 7 days of receiving the letter than I shall be threatening court action.  Once they replied claiming that it is reasonable for the property owner to claim expenses I responded to their previous email with a quote from the CMA and reiterating that I will be taking court action if I don't receive the full refund. I'll keep you all updated.   

Thanks, will be very interested in the progress.

Update
Received an email today stating that of the £537.00 that I paid for the booking, only £378.48 is to be refunded back via my original payment method. To make whole and as a goodwill gesture, Syke's have issued an ex-gratia account credit for the value of their commission and fees (£158.42) which they were paid by the property owner for facilitating my booking.