Small Claims Court
lemonbutton
Posts: 1 Newbie
Hi I have opened a small claims court case against On The Beach and was just wondering what happens next.
Basically i booked a holiday through On The Beach to celebrate my husbands 40th when I got to the hotel I was shocked as our room was not as described or what I paid for. I logged onto on the beach to check that I had not booked something in error but the add clearly stated that ALL rooms come with a balcony so I took a screen shot of the add and booking (Our room had no balcony or any outside space at all it was just a box) I went down to reception and showed them my booking but they told me it was an On The Beach issue not theirs. My whole break was ruined as we spend 80% off our holiday just chilling on the balcony and I spent most of my time just crying in the room. It was only a 3 day break and I am a pay as you go mobile so there was no point calling On The Beach as this would have made our break even shorter by spending hours and £'s on the phone we had already lost out on one night due to our airport transfer keeping us waiting at the airport for over 2 hours.
When I got home I contacted On The Beach daily and sent them photo proof but no reply (they read my complaint as quickly changed there add) I opened a "Resolver case" but still no reply until I threatened court action. They then emailed me saying they are not at fault as rely on there customers to tell them if there adds are wrong and they offered me £35.
I have now opened a small claims court case online and straight away On The Beach requested 14 additional days to respond. Why would they do this? the deadline day is 22nd August what happens if they have not responded by then?
I have asked to be compensated for the cost of the hotel as it was not what I paid for and also £30 per day loss of enjoyment.
Has anyone else taken a company to court? is there anyway to speed up the claim?
Its my first time. I never complain but was so upset by it all felt I had to.
Basically i booked a holiday through On The Beach to celebrate my husbands 40th when I got to the hotel I was shocked as our room was not as described or what I paid for. I logged onto on the beach to check that I had not booked something in error but the add clearly stated that ALL rooms come with a balcony so I took a screen shot of the add and booking (Our room had no balcony or any outside space at all it was just a box) I went down to reception and showed them my booking but they told me it was an On The Beach issue not theirs. My whole break was ruined as we spend 80% off our holiday just chilling on the balcony and I spent most of my time just crying in the room. It was only a 3 day break and I am a pay as you go mobile so there was no point calling On The Beach as this would have made our break even shorter by spending hours and £'s on the phone we had already lost out on one night due to our airport transfer keeping us waiting at the airport for over 2 hours.
When I got home I contacted On The Beach daily and sent them photo proof but no reply (they read my complaint as quickly changed there add) I opened a "Resolver case" but still no reply until I threatened court action. They then emailed me saying they are not at fault as rely on there customers to tell them if there adds are wrong and they offered me £35.
I have now opened a small claims court case online and straight away On The Beach requested 14 additional days to respond. Why would they do this? the deadline day is 22nd August what happens if they have not responded by then?
I have asked to be compensated for the cost of the hotel as it was not what I paid for and also £30 per day loss of enjoyment.
Has anyone else taken a company to court? is there anyway to speed up the claim?
Its my first time. I never complain but was so upset by it all felt I had to.
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Comments
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This is very normal for companies as it gives them another 14 days to make a decision as too whether to pay or spend money and time on defending.lemonbutton wrote: »
I have now opened a small claims court case online and straight away On The Beach requested 14 additional days to respond. Why would they do this? the deadline day is 22nd August what happens if they have not responded by then?
Once the deadline is up you can request judgement in default; but you'll need to check with courts first to see if they have submitted a defence.0 -
lemonbutton wrote: »Hi I have opened a small claims court case against On The Beach and was just wondering what happens next.
Basically i booked a holiday through On The Beach to celebrate my husbands 40th when I got to the hotel I was shocked as our room was not as described or what I paid for. I logged onto on the beach to check that I had not booked something in error but the add clearly stated that ALL rooms come with a balcony so I took a screen shot of the add and booking (Our room had no balcony or any outside space at all it was just a box) I went down to reception and showed them my booking but they told me it was an On The Beach issue not theirs. My whole break was ruined as we spend 80% off our holiday just chilling on the balcony and I spent most of my time just crying in the room. It was only a 3 day break and I am a pay as you go mobile so there was no point calling On The Beach as this would have made our break even shorter by spending hours and £'s on the phone we had already lost out on one night due to our airport transfer keeping us waiting at the airport for over 2 hours.
When I got home I contacted On The Beach daily and sent them photo proof but no reply (they read my complaint as quickly changed there add) I opened a "Resolver case" but still no reply until I threatened court action. They then emailed me saying they are not at fault as rely on there customers to tell them if there adds are wrong and they offered me £35.
I have now opened a small claims court case online and straight away On The Beach requested 14 additional days to respond. Why would they do this? the deadline day is 22nd August what happens if they have not responded by then?
I have asked to be compensated for the cost of the hotel as it was not what I paid for and also £30 per day loss of enjoyment.
Has anyone else taken a company to court? is there anyway to speed up the claim?
Its my first time. I never complain but was so upset by it all felt I had to.
You didnt give them any opportunity to rectify and you want a full refund plus extra money, for a room you did actually stay in?
Two hope, Bob Hope and no hope.0 -
Quite. Astonishing really.marliepanda wrote: »You didnt give them any opportunity to rectify and you want a full refund plus extra money, for a room you did actually stay in?
Two hope, Bob Hope and no hope.0 -
I think I'm right in saying that you're not simply entitled to a refund of the cost of the hotel as you still used the service - you stayed there. You didn't contact them immediately and allow them to rectify it (they may have contacted the hotel and upgraded you to a suite to ensure you were happy). You decided to stay anyway.
I think all you might be entitled to is the difference between the cost of a room with a balcony and one without.
As for the £30 compensation for loss of enjoyment, how would you prove that to a judge? How would you quantify the £30?
There's a legal phone-in on LBC and people often call with similar complaints, and the lawyer always gives this answer.0
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