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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are writing to you regarding possible legal action, or better

Customer Question

We are writing to you regarding possible legal action, or better yet, to avoid it if at all possible. Our situation occurred during our recent trip to Paris, more specifically at at property where we hold top tier status. We were not guests at this particular hotel, but patrons at their main restaurant during new years eve. We paid in full in advance for the entire meal. However, due to events not of our fault e.g. disturbance at a nearby table, several requests to management to address this issue - no attempt from their side in addressing this issue, things escalated due to the improper conduct of on-site security. Security was verbally and physically abusive. Without justification, we were thrown out of the property. We tried to solve this issue with on-site management prior, but at no avail, since security overruled any such attempts. We have never before experienced such an event, and was left much distraught. On the following day, we wrote a lengthy account of events, the misconduct of security, and our personal grievance and emotional distress arising from this incident. We wrote directly to the most senior management, copied the group and the group loyalty department. We were in turn promised a full investigation from hotel side, followed by a lengthy phone conversation. While we could guess the outcome, we nevertheless chose to pursue this option, as we always prefer to deal directly with the hotel - should any issues occur. Several days after our initial correspondence, we were sent the final feedback from the hotel, dismissing all claims of unjust or ill-treatment. This response was hardly a surprise to us, as all employees will seek to close ranks asap, as they have much to loose. We were hoping that management would understand this, assume at least some responsibility, and compensate us accordingly. We never completed our meal, but was shown from the property before we could finish - regardless of the stress and unjust treatment that came before.
As of today, we have not responded to the latest correspondence. It is clearly marked as an official response, and we would like advice on how to proceed. As a minimum, we require full compensation for our pre-paid meal (1400.00 Euro), if nothing else. We are considering by-siding the said property entirely, sending our demands and dissatisfaction with the hotel's response - directly to the group and loyalty department.
Our question is this; Would a cover letter from a legal representative constitute a better approach? stating our claims and rejection of the hotel's findings? We understand that any legal action will end unsuccessfully, given the amount of so-called "witnesses" that the hotel will somehow be able to produce. It is clearly in the interest of the hotel to deflect any liability and responsibility of the incident, or any action/-s, leading to this incident. If nothing else, we should be reimbursed for our costs, which we always assumed would happen. As of today, there has been no mention of reimbursement, from ours, or the hotel's side.
Please advise on the best course of action.
Thanks in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how you paid for the meal.
Alex Watts : Also are you based in the uk?
JACUSTOMER-skh16bky- :

Thank you Alex for getting back to us. I am equally based in the UK. The meal was paid for via Credit card by my husband, a UK resident and native. We are both top tier with said property, although this in first instance has little relevance. I am prepared to forward original correspondence - an account of events sent to the hotel Director, and his response - all for clarification.

JACUSTOMER-skh16bky- :

We still retain the Credit card receipt.

Alex Watts : You should first raise a complaint with the credit card company. They are jointly liable under section 75 of the consumer credit act.
Alex Watts : If they do not uphold your complaint then you can issue a claim.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-skh16bky- :

Dear Alex,

JACUSTOMER-skh16bky- :

Dear Alex, for payment we used a Singapore based American Express, in which case, I would like to know if this is still the approach to follow?

Alex Watts : Probably not under section 75 as this is for uk cards.
Alex Watts : But you can still issue a small claim In the Uk
JACUSTOMER-skh16bky- :

Dear Alex, for payment we used a Singapore based American Express (Platinum). I would like to know if the approach you suggested would still be advised? I assume that step 1 and 2 would still be viable?

Alex Watts : Step 1 section 75 consumer credit act no.
Alex Watts : Does that help?
Alex Watts : But step 2 small claims court yes
JACUSTOMER-skh16bky- :

Should we send a claim to the hotel group. This would have been our first attempt. How should we contact the Hotel group, if at all?

Alex Watts : yes it would be the hotel group and that is who you would issue a claim against.
JACUSTOMER-skh16bky- :

Thanks. We will proceed with the suggested approach. I will return if necessary.

Alex Watts : Great. Can I clarify anything else for you?
JACUSTOMER-skh16bky- :

Just one more thing you mentioned. Can we ask our credit card company to refuse payment post transaction?

Alex Watts : sadly not.
Alex Watts : there may be a similar law in singapore to the uk equivalent
JACUSTOMER-skh16bky- :

That is a shame. Thanks for now. As I mentioned, I will return if necessary. Many thanks for your assistance. Have a pleasant day.

Alex Watts : And you. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen.
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Alex,

I have additional information regarding our letter. When making the claim of financial loss, or, rather, being wrongfully charged - and demanding reimbursement of paid costs (in advance), what law, paragraph, section should we refer to? This equally goes for excessive use of force by security personnel e.g. manhandling - a separate issue. Just sending of a claim without referencing under which law we are doing so, is new to me. Without such referencing, can they legally dismiss our letter?,

Customer: replied 2 years ago.

Dear Alex,

I have additional information regarding our letter. When making the claim of financial loss, or, rather, being wrongfully charged - and demanding reimbursement of paid costs (in advance), what law, paragraph, section should we refer to? This equally goes for excessive use of force by security personnel e.g. manhandling - a separate issue. Just sending of a claim without referencing under which law we are doing so, is new to me. Without such referencing, can they legally dismiss our letter?, or?

Expert:  Ash replied 2 years ago.
It was just be an unlawful detention - that is what you need to put.
Alex
Customer: replied 2 years ago.

Thanks. No need for further references?

Customer: replied 2 years ago.

Unlawful detention of funds, I presume?

Expert:  Ash replied 2 years ago.
Yes and breach of contract. They contracted to provide a dinner and meal and you were thrown out.
Alex
Customer: replied 2 years ago.

Would it suffice to send our letter in first instance via mail. We have been advised to send via email directly. Would a signed, scanned letter via email be sufficient?

Expert:  Ash replied 2 years ago.
If they respond to the email thats gine.
Alex
Customer: replied 2 years ago.

Dear Alex, I am currently in the process of composing our letter. I do have a few issues that need clarification. Firstly, being unfamiliar with UK law, I am coming across the concept of 'Replevin' claim and delivery. I assume that our claim for compensation of losses are to be found within the framework of this law. However, I do not find any references to the particular sections and paragraphs needed in our case. Would you please forward the law, sections and paragraphs to include. I do not feel assured sending off correspondence without appropriate references.

Thanks again

Expert:  Ash replied 2 years ago.
It's common law in the UK. They are in the EU so should be the same. Common law is not an Act of parliament.
Alex
Customer: replied 2 years ago.

As our case falls under common law?! no need for referencing particular sections etc. when making our claim? what if they demand clarification as to the legal justification of our claim - what do I do then?

Expert:  Ash replied 2 years ago.
They don't need to. They would have to make an application to court, but it is fairly obvious what your claim is.
Alex

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