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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi, I rent out a villa in florida - recently a guest domiciled

Customer Question

Hi,
I rent out a villa in florida - recently a guest domiciled in Iceland rented it, signed a contract which authorised us to charge damages to their creit card.

Damages occured in the amount of $1306 USD (including an administration charge of $150) for damage to the cooker, door alarms, pool screen etc.. We charged the said guests card after notifying them, after which they disputed the claim saying they had not damaged the cooker. After providing video evidence of the villa before arrival, they admitted they did damage it.

After several emails they said they would pay a fair amount but did not offer a specific amount. In response we offered a small reduction to settle the matter but they chose instead to apply for a chargeback through their card company on the grounds of unauthorised use of card. We supplied copy of contract etc via our card merchant, however, after much time elapsed their card provider found in their favour and took the money back from our account.

What actions are possible in the county court bearing in mind they are in Iceland. The sum is not huge but on principle they should not get away with it.

Peter Jubb
Disneyvillaholidays.com
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Why do you think UK law is relevant here?
Customer: replied 3 years ago.

Hello,


I did a quick look on line and it seemed that the UK has arrangements with other countries to be able to process through our county court system - I may be wrong as it seems very confusing to a novice.


 


Basically I need to know how we can recover this debt without spending large sums, as it is reletively small amount but on principle they should not be able to walk away from the obligations they signed up for.


 


Peter Jubb

Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How much is the damage and rent?
Customer: replied 3 years ago.

Hi,


 


The original rental was $1983 USD (including tax) for a 15 night stay on a short term rental contract.


 


When in occupation they caused damage to the cooker which had to be replaced, as they had smahed the glass top and also chipped the enamel of the cooker - replacement was the only sensible option, as the glass top alone for that model was almost as much as a new unit of cheaper make. Several other iytems were also damaged.


 


The total bill for repait is $1306 USD of which $150 is an admin charge - we have offered to waive the admin charge to settle the matter.


 

Expert:  UK-Justice replied 3 years ago.
Thanks.

What you can do is issue proceedings.

Because of the nature of this you need to complete form N1 at your local County Court or download it:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Even though they are in Iceland there is a convention that allows for Judgments to be enforced there.

So apply to the Court fora moneyclaim but you would need to convert it to £.

Instead of 14 days for service you have to allow 22 days.

If they do not contest it you can enter Judgment and then seek to enforce it in Iceland.

It can be a drawn out process but you can get Judgment.

If the proceedings are contested it may be that have to fly to Iceland for any trial.

But start proceedings in the UK using the above documents.

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your answer - just one last question, you say that if they contest the claim it may be necessary to fly to Iceland for a trial - clearly the amount involved would not warrant that, so, if at that stage we dropped the case would there be risk of further cost to us other than the original county court fees?


 


Also would there be a way to submit evidence to a trial without attending?


 


many thanks


 


Peter Jubb

Expert:  UK-Justice replied 3 years ago.
I can't advise you on Icelandic law only UK law.

But if it was the UK then yes you can submit your evidence without attending..........



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Ok thank you.

Expert:  UK-Justice replied 3 years ago.
Welcome
Customer: replied 3 years ago.

Hello again,


 


I am sorry, I thought we were done, but am having difficulty with the court system. I prepared the claim form N1 and took it to my local court who told me it needs to go to CCMCC with form N224 which the gave me with the contact details for CCMCC. On looking at the form decided I needed help filling in and rang CCMCC who said no that was the wrong form, I need N510 - I downloaded N510 but again need to know which boxes to tick - it seems CCMCC can't advice and to cut a very long story short have been diverted around all sorts of services that cant help.


 


Could I please impose on you again and ask is N510 the correct form to accompany the claim form (apprently it needs judges sanction to submit when out of jurisdiction) and if it is the correct form, which if any of the several boxes do I tick.


 


yours sincerely a very frustrated Peter Jubb

Expert:  UK-Justice replied 3 years ago.
Is the third box down of the big boxes.
Customer: replied 3 years ago.

Thank you very much

Expert:  UK-Justice replied 3 years ago.
Welome

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