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Posted: Wed Sep 14, 2016 8:24 pm
by roxytoo
I don't think you need legal aid for small claims? I know its to late now but we took someone to small claims who then countersued. Court fees in the end was £140. We won, she lost. We had months of stress but I am glad we did it as it stops her doing it to someone else too. We did not have a solicitor but didn't really need one and that way kept all costs down. Might not help you now but small claims is not too bad...............

Posted: Wed Sep 14, 2016 8:41 pm
by Joanna
So sorry to hear that Steve. Behaviour like that makes my blood boil. And I'm surprised by your solicitor's attitude - you've even got proof there are no fleas!

Has she retracted her negative reviews?

Posted: Thu Sep 15, 2016 5:25 am
by zebedee
I cannot believe the advice your solicitor gave - this is more than appalling.

Did you go through your insurers? Is do you have legal assistance on any insurance policy that you hold???

You now have an inspection from an expert to refute their claim. If they took you to court they would have to prove their case.

If you pay compensation of any sort ( or in kind) you are admitting liability.

Posted: Thu Sep 15, 2016 6:54 am
by farley
Looking at the CAB website I don't think legal aid would have been available in these circumstances.
Also having used small claims myself I can vouch for the fact it's fairly straightforward and not to be feared. I agree however that it is stressful.
As for the guests complaint I'm amazed. If I'd been in their circumstances I'd have bought a can of RIP flea killer and got on with my holiday. Job sorted!
Sorry you've had these ghastly people stay Steve, hope you have lots of nice sensible ones to make up for it:)

Posted: Thu Sep 15, 2016 8:13 am
by SarahV
I'm so sorry this has happened to you Steve. I understand your wish/need to move on and put this all behind you, I hope you can. Let's hope Karma catches up with them 😉

Posted: Thu Sep 15, 2016 9:07 am
by Fleur
My condolences along with everyone else.

Posted: Thu Sep 15, 2016 9:13 am
by AndrewH
Sam V wrote:Lol! A little sideways on topic, the guest I submitted a small claim against recently has now filed a counter claim against me, he's included his email response to me in his claim documents which includes

'I will be uploading all the pictures and copies of emails from yourself to trip advisor
On failure for you to accept some responsibility I hope that's noted by the court.'
'Noted by the court', yes, but not in the way you imagine. :lol:

Steve, I am sorry this happened to you and I think the legal advice you received was a cop out. Many people would, like you, prefer to pay them off to get rid of the whole nasty business.

Posted: Fri Sep 16, 2016 11:13 am
by gardenboy
Steve, sorry to hear this but just put it behind you.

Any chance of a clue to her name, like what it rhymes with?

Posted: Fri Sep 16, 2016 3:08 pm
by Casscat
gardenboy wrote:Steve, sorry to hear this but just put it behind you.

Any chance of a clue to her name, like what it rhymes with?
Probably Cupid Stunt, with apologies to Kenny Everett...

Posted: Sat Sep 17, 2016 9:57 am
by cleanforum
Sorry to hear about this saga Steve. I have had a few of these over the years. Back when I was starting out in the early days before TA. Took them on a case by case basis being as fair as I could and always keeping blackmail in mind. In those days I was not looking after my properties directly which has many disadvantages, being more open to this type of claim being one.

I have a question though, Do you charge a deposit to your guests??

I know it may not sound relevent but...

Posted: Sat Sep 17, 2016 4:26 pm
by SteveG
Hello everyone and thank you for your support.

She knew what she was doing. I am sure she has done it before. Her name is [name removed by Admin] from Midlands, but now says Birmingham on reviews.

My partners mother passed away whilst all this was going on and the stress was unbearable. She continued to text, email and voice message and threaten court etc.

We had pest control in and there was no infestation of any kind, to which we paid £124.00 to satisfy our worry, plus paying her
costs of one night that she claimed was too horrendous to stay.

What a b.....

Can I now start a claim you think of libel damage or paying her a goodwill gesture has finalised it, i am angry and want to clear this matter

Steve g

Posted: Sat Sep 17, 2016 4:35 pm
by Nemo
I can't advise you on the legalities but do you have legal cover with your home insurance at all? It sounds as if you need a second legal opinion as to what's happened already and what evidence you have to move forward with. Don't let it eat you up though. You need to weigh up whether you will have more stress pursuing this or if it's better just to bury it and put your energies into future, hopefully lovely, guests.

Posted: Sat Sep 17, 2016 5:16 pm
by Sam V
Steve, has she gone on to leave defamatory reviews, before or after you paid her compensation?

Posted: Sat Sep 17, 2016 6:41 pm
by AndrewH
Reading the posts above, I should say that "compensation" is never the right word when writing to and paying out to a complainer. It is in effect an admission of liability and could bring down unnecessary trouble upon your head if that word is used.

It seems that Steve got it right. You make any such payment "as a gesture of goodwill without admission of any liability". Or, more simply, you make it very clear that this is "an ex gratia payment".

Posted: Sat Sep 17, 2016 6:48 pm
by Sam V
I'll wash my mouth out, I only used the 'C' word as the 'G' word was misolaced in my head at the time.