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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44958
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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paid for holiday via Ebay,on arrival the flat was in

Customer Question

````
paid for holiday via Ebay,on arrival the flat was in very dirty state.booked this holiday for
a month ,but it was so bad that me and wife left after a week.contacted seller who will
not give me a refund.no running water at all,the cleaner was bring buckets of water every
day.had to find other accommodation at my exspence,this flat cost me£420.00 for month
only stayed week.this holiday was paid via Paypal


thanks mike
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

was this a private individual or a business?

JACUSTOMER-h7mq43w4- :

this was a private rental.

Ben Jones :

apart from no running water was there anything else that did not match the description?

JACUSTOMER-h7mq43w4- :

the bed was dirty and stained,horse-hair matterst.fridge was unfit to use very dirty

JACUSTOMER-h7mq43w4- :

would I leave the flat if it was alright.had to pay again for accommodation

Ben Jones :

When you book a holiday, it would be just like any other contract where you are promised certain things and expect to receive them in return for your payment. If you do not receive what was promised, or what one would reasonably expect then you may argue that the other party has acted in breach of contract and seek compensation for any losses incurred as a result.

You mention there was no running water for example and whilst it would not have been necessary for the other party to specifically say there was going to be water available, one would of course expect any reasonable accommodation to have that as a given so the lack of such a basic commodity would likely amount to a breach of contract and you may add the other complaints to the list too.

In terms of what happens next, then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. This could not only include the original cost but also other direct expenses incurred, as long as they are reasonable, such as paying for emergency accommodation elsewhere. Of course it has to be at a similar level to that expected, you can't go on to book yourself in 5* accommodation and expect to claim these costs.

As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones :

Hello? I see you coming in and out of chat, re you having technical issues?

Ben Jones :

I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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