Sykes Owners to be taken to Small Claims Court

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Tremewan
Posts: 65
Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Sykes Owners to be taken to Small Claims Court

Post by Tremewan »

Not sure if all the Sykes owners on here have been monitoring the various "customers" and "owners" Facebook pages over the last couple of days. Yes, there's an awful lot of hot air there but the customers have now got a high-profile celebrity lawyer on their case. It was due to the letter he wrote to Sykes a couple of days ago that they did an about-turn on their pervious policy of "no cash refunds". What is particularly worrying though are the letter templates he has produced encouraging customers to take owners to the small claims court in order to get themselves a 100% cash refund. This means owners will be refunding Sykes own commission plus VAT in addition to the remainder that would normally be due to us. It would then be up to owners to challenge Sykes to reclaim the commission plus VAT. Any chance of that happening?
Sparks
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Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

It is a great pity that someone didn't try send a PM to you politely mentioning that the things posted on Facebook might come back to bite in a legal dispute.
Tremewan
Posts: 65
Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Post by Tremewan »

Someone did - it was you! Please have the courage to air your views in open forum (which helps everyone else) rather than hiding behind a pm. I take exception to being told what I should and should not post on forums or social media. As long as my posts are polite and do not contravene the rules of the site, I should be allowed to express my feelings. #bekind
Sparks
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Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

Sometime it is advisable not to discuss details in public forums. This is one of those cases. At the time I felt it would have been foolhardy to discuss points of the Sykes contract that could be turned around on me. If you are going to hand out pitchforks to the mob you shouldn't be surprised if you suddenly find yourself at the pointy end.

A couple of things I will say to anyone this involves though.

First is that don't make any decisions in haste, anger or frustration. A rule I have broken on the previous post this morning. If I had left it an hour or so and thought about it a bit more I wouldn't have commented. Also if you are given any time limits then use them before actioning any decisions.

Second is that IMO the template letters are not as cut and dried as they seem to think they are. There is an element of bluff and bluster in there designed to scare anyone that recieves it.
Tremewan
Posts: 65
Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Post by Tremewan »

Sparks, are you on the Sykes Owners FB page? There is some very sensible discussion going on there. At least two of the members have taken legal advice, which makes interesting reading.
Sparks
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Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

No, I'm not on the Sykes owners page. I have considered it, but at this time have decided not to join.

I'm glad that there has been some legal advice sought. The threat of litigation can be quite distressing especially if you feel you have done nothing wrong. The layer/journalist (maybe could add part time traffic warden to go for the hat-trick of most admired positions in the UK) has written his story on Thursday. He will now lose interest except for maybe a short follow-up. It's already chip wrappers.

The members of the groups anger will start to dissipate and many will drift away. Some will find sending letters distasteful, some have no idea why they are even sending them. A strongly worded reply will stop them in their tracks. Some will go full kamikaze because it is a point of principle. These are the same type of people that will lose their home in legal fees over a fence between neighbours being one inch out of place. The group will lose cohesion and start to turn on each other. The world will keep turning and most people will forget about it.
Tremewan
Posts: 65
Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Post by Tremewan »

OK, so the "Letters Before Action" have started dropping through owners' letterboxes. Looks like the fight is on. Have a look at the Sykes Cottage Owners FB page for the latest.
Sparks
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Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

People that are gung ho for litigation tend to be those that have never been through the process. Even if you have all your ducks in a row it can depend completely on the mood of the Judge on the day.

Sometimes a win can be a pyrrhic victory and it would have been easier not to have bothered. A determined defendant can cause choas as the small claims process is definitely weighted in their favour.
Tremewan
Posts: 65
Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Post by Tremewan »

Gosh, I wish I had your optimistic outlook. There are many scared and and happy owners on the FB owners page.
Tremewan
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Joined: Tue Jan 07, 2014 11:35 am
Location: Yorkshire Dales

Post by Tremewan »

Should have said "unhappy"
Sparks
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Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

The letter before claim is used to notify someone that court proceedings may be brought against them.

If you have a strong case you wouldn't need to over egg it.

Note the following quote (my bold):
This will result in a County Court judgment being registered against you
Now google the above phrase:
https://www.google.com/search?source=hp ... CAg&uact=5

One result. Shouldn't that be may not will?

Overplaying hand to scare the recipient? I'll let you decide.
AndrewH
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Post by AndrewH »

Sparks wrote:
This will result in a County Court judgment being registered against you
...Overplaying hand to scare the recipient? I'll let you decide.
All County Court judgments are recorded - or "registered" if you like - but not all such judgments pronounce a judgment debt.

I can't comment on how Sykes Holiday Cottages are handling this virus situation; I don't advertise with them and I haven't followed it. However, I have read the two template letters for disappointed guests to send to owners, via the Sykes office ( https://theconsumerlawyer.blog/2020/04/ ... e-letters/ ). They appear to have been drafted by the senior partner, Mr. Dean Dunham, of the solicitors practice called Debello Law.

They are 'letters before action' inviting the recipient to pay up before a certain date, or otherwise face the possibility of court action for recovery of funds. The letters are classic scare tactics designed to blind the recipient with legalities (one of which at least I thought was pretty shaky) and thereby frighten the owner into making a payment before the appointed day.

If one of these letters resulted in the matter landing up in court and the owner chose to defend (which IMO he/she should do), the letter itself and its contents I think could be used as a "sword" by defence counsel.
Sparks
Posts: 23
Joined: Wed Sep 12, 2018 3:50 pm

Post by Sparks »

It gets better. From the latest template:
Having taken advice from one of the leading consumer lawyers in the UK, I am confident that my claim will be successful in the court. I suggest that you too take urgent legal advice and in this respect I will give you until [insert date 7 days from the date of the letter] to reconsider your position, following which I will have no choice but to issue legal proceedings in the small claims court.
Seriously? I wonder if he told Freddie Starr he had a cast iron case too?
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