Section 75 claim help - Sykes cottages - eligibility?

powerful_Rogue

I'm still waiting for the OP to say what their actual losses were.

saajan_12

waitpatiently said:

But please: I’ve already acknowledged 60% I originally asked for is high so let’s stop asking me how I justified it 😆! 

Well even just the inputs you had considered to come up with a figure could help. Not to criticise the total £1000 answer, but to understsand the breakdown eg out of pocket costs from additional trips to shops, spoiled food, times you had to eat out, as well as inconvenience factors (eg how many hours total). People may then be able to suggest tweaks to your breakdown eg you say its X hours of your hol wasted, fine, but the cost per hour is ambitious. That could build up to a number thats hopefully palatable to both sides but still has some justification behind it. 

waitpatiently said:

I don’t find hindsight comments too helpful (Maybe I should have moved accommodation at the start of the holiday, better yet maybe I shouldn’t have booked with Sykes, maybe I shouldn’t have booked a holiday at all 😆, maybe I shouldn’t have had children so I could have less food to store and could holiday more frequently more cheaply!).  

The option to move accommodation with two young children and a disabled person isn’t an easy decision to make on night 1, nor is it easy to can the whole thing and drive home. I wouldn’t have had confidence or certainty I’d get any compo  back if I did that and would also have given up on the holiday itself. ..

Its not necessarily meant as what you should have done, more like what a judge may see as the mitigated damages. So even if you went a different way, and suffered through dealing with the engineers etc, your reimbursement may be capped at what a reasonable but cheaper alternative might have been. But I do understand there's a practical aspect to it, of new country, trusting what people tell you etc. 

Okell

Alderbank said:

waitpatiently said:

DullGreyGuy said:

waitpatiently said:
We can quantify lost time and loss of value, and loss of enjoyment to try and reclaim directly from Sykes / owner 60% of the whole property rental fee. 

Is Sykes the owner?

Looks like they're not on most the cottages at least in which case S75 will fail because you paid a third party (Sykes) and not directly to the Supplier (cottage owner) but S75 requires a direct relationship between Debtor, Creditor and Supplier

No Sykes don’t own the property. After reading this, in theory Sykes could give you a bomb site when you turn up, then say they’re not the owner, and dismiss you as you never had any leg to stand on to begin with? Or am I missing something, because Sykes haven’t even really allowed us any route to complain even when we’ve read through and applied their complaints procedure.

the booking conditions are here: https://www.northumbria-cottages.co.uk/terms/booking

it gets even stickier as it’s Sykes, then Northumbria Cottages, who then handle it on behalf of the owner so whilst we were there, NC handled things such as the engineer and speaking to the owner. We never spoke to the owner. We never dealt with Sykes apart from at the start to call about the discovery and only now to complain for some reason, despite NC dealing with the issues during the week.

This is the business model you need if you want to squash any hope of consumer rights

... The T&Cs are clear that you have a consumer contract with the owner and they list the contractual terms which the owner has committed to (8 AN OWNER'S RESPONSIBILITIES) and (17 OWNERS' LIABILITY)...

If I've understood correctly the OP doesn't know the owner's details.

Is it possible to enter into a valid contract with someone if you don't know their identity?