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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We went on holiday via trip advisor in Jan this year and

Customer Question

Hi we went on holiday via trip advisor in Jan this year and when we arrived it was filthy we paid for 9 nights but left on our third night as we found somewhere else to stay, we are trying to get back six nights which is £900 but the owners have gotten back and said they are only willing to refund £400 as a goodwill gesture as they don't believe we left due to how dirty it was they said they think we left due to how remote the place was... We are looking to use the small claims court but wanted to check that this route is ok before we turn down their offer. The money that paid for this holiday has come from the council as we have a disabled daughter we had to leave due to her having a low immune system and not wanting her to get sick because of how dirty it was we do have over 100 photos of the house
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
HiThanks for getting back to us, the 14 days is that from the start of the holiday or does it not matter? We went away on the 18th Jan 2016 and left their accommodation on the 21st Jan
Expert:  Ash replied 1 year ago.
14 days from when you send the letter.
Does that help?
Alex
Customer: replied 1 year ago.
Your a star thanks very much for your help, as I say we do have photos to show why we left what do you think the chances are of us winning?
Customer: replied 1 year ago.
Also as I say we went through trip advisor they said they can't help as we did not leave within 24hours of arrival we could not leave as our daughter was having seizures and could not leave
Customer: replied 1 year ago.
Sorry one more it's the property manager we have been dealing with should I email him and ask for the owners name/address etc or can I send the letter to him?
Expert:  Ash replied 1 year ago.
I think you have a decent chance of winning.
You send the letter to whoever you paid, that is who YOUR contact is with.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes it does thanks very much for your help
Expert:  Ash replied 1 year ago.
Good luck!
Alex
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