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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Just under a month ago I requested the possibility of a 4 month

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Just under a month ago I requested the possibility of a 4 month let to a holiday home in France. He normally does one week rentals but only had one booking in September and quoted me £1600 per month. He sent me a contract but I wanted to view the property first. The earliest I could view was the 7th May. Having visited this week , the property was completely unsuitable and rundown and not as the photos suggested. He asked how I would be paying him today and I declined the property. He has emailed me to say he will take me to court tomorrow for loss of earnings of £4700, plus interest on a daily rate plus costs. He then said he had declined 7 potential bookings due to blocking the booking for the 4 months ( July to October this year) despite not having a contract back from me. These bookings would have added up to far more than my 4 month rent ( he rentals the property for between £1400 and £1700 per week. I find the bookings unlikely as surely he would have snapped them up having received no contract back from me. He assures me I am completely liable for breach of contract due to email correspondents. Any advice I would be so very grateful for.
Jo Hudson
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello Jo my name is ***** ***** I will help you with this.Just to be clear, did you sign any booking?Alex
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 8 months ago.
Hi Alex, my number is ***** 998233,
Customer: replied 8 months ago.
I have signed nothing at all. I did not request him to block out the 4 months as I had not sent the contract back due to wanting to view first. He did not mention to me the potential loss of £11,000 of bookings until I stressed I would view first. These miraculous bookings arrived out of nowhere in three weeks, despite an email initially telling me how quiet he was due to one booking In September for 1 week in which I would have to vacate for a week. He also emailed to say he loved the idea of a long term rental due to no paperwork and linen changes.. I sincerely ***** ***** site is not a scam as you have taken even more money for a phonecall.
Expert:  Ash replied 8 months ago.
Calling now. Alex
Customer: replied 8 months ago.
He stated he is still taking me to court and has a case. His response belowI am not sure whether you're aware what constitutes a contract. There are five requisites to the formation of a contract and in this case all five elements are present. Like it or not you and I have a contract and it is one I shall enforce through The County Court. I would suggest you give serious consideration to renting somewhere else because this will result in you paying rent twice. I will attempt to mitigate my losses by offering discounts this late in the booking season. However rest assured English Law does not allow people to behave in such a cavalry manner without assistance being available through the courts. So that it is clear to the Court I have done all I possibly can to be reasonable, I will give you until tomorrow 1.00pm to respond positively. Based on your disgraceful attitude I would imagine this is unlikely but at least I have attempted to resolve the matter amicably. At 1.01pm tomorrow I shall issue a claim through Northampton County Court for £4675 in lost revenue, £240 preparation costs added to which will be interest to date, daily interest of £1.08 and Court Fees.
I await your response but not through Lisa
d.shipleyi Alex.
Expert:  Ash replied 8 months ago.
Yes. But you never signed a contract and in any event if he says it was, that contract was conditional upon inspection.So there were conditions. You are not bound.Alex
Customer: replied 8 months ago.
Thank you Alex.
Expert:  Ash replied 8 months ago.
Happy to help
Customer: replied 8 months ago.
Hi Alex,
I hope you can still assist, I have now received this from him:There is a claim in the post today from The County Court Business Centre for £5143.09Can he do this with no contract?
Many thanks
Jo
Expert:  Ash replied 8 months ago.
No, just file a defence as we discussed. Alex
Customer: replied 8 months ago.
Alex you have been brilliant, however he is now sending an email via owners direct The website in which I found the house and have been corresponding via) saying my order has been accepted. and suggests he has taken a visa payment. I did not give the website any visa details.Your order has been accepted.************************************************************Please retain this receipt for your records.This e-mail confirms your order placed with Money Claim Online.Payment data------------Beneficiary : Money Claim OnlineAddress : St Katherines StreetGB-Northampton NN1 2LHWebsite address : http://www.moneyclaim.gov.uk/Phone number : 0300(###) ###-####E-mail address : ----@--------.---Order date : 09/05/2016 18:09:02Order reference : MCOL0000461609Payment reference :(###) ###-####Total : GBP185.00Charging method : VISASub-brand : KStatus : Sale************************************************************* Additional information************************************************************He is worrying me now a lot. Does this look genuine? Thank you again, Jo
Expert:  Ash replied 8 months ago.
There you go - he has lied. That wont go down well. Alex
Customer: replied 8 months ago.
I misunderstood the email. Money claim online, having just googled it, is an online money claim for courts and tribunals. He is demonstrating he has spent £185 to get £5000 odd back from me. Are you familiar with them. You did assure me, he had no case, please confirm that remains!
Expert:  Ash replied 8 months ago.
I see. Yes MCOL, I dont think he has a case. Alex
Customer: replied 8 months ago.
Thanks Alex
Customer: replied 8 months ago.
Hi Alex,
Is it right that I now have to attend court for disputing that I owe money for his loss of earnings? ( which is beyond ridiculous) I am being served with this MCOL claim. How can you just put a claim on anybody for an amount plucked form the sky? I am stunned that its now got this far with no contract signed from me and no request for him to block off 4 months of rent due to me flying out to view first. I am at my wits end how this crook could do this. Having googled David R Shipley and his Halifax address, it transpires he has had 14 companies that have all gone into liquidation, owes £400,000 to creditors. He is a complete con man with an appalling reputation. I need to understand how I quash this ridiculous claim immediately.
Many thanks, ***** *****
Expert:  Ash replied 8 months ago.
Yes Jo sadly you can claim any figure. But whether you win is another matter. You can file a defence and contest the claim and highlight all of the Companies etc and that he owes £400kAlex
Customer: replied 8 months ago.
When his claim is put in, does anyone not check if he has a case at all ? I am stunned this is even happening when I refused to commit by contract in case it was not suitable. When I dispute this, will I automatically have to go to court to then explain why there is no case? Could it not get that far if I prove with all our correspondents that I did NOT ask him to hold any dates for me? This has gone from you advising me to ignore him as his a chancer to dealing with this!.
Expert:  Ash replied 8 months ago.
When its put in - no.Is only when it goes to a hearing. Court staff are not legally qualified. I think you will be ok as discussed.Alex
Customer: replied 8 months ago.
This is awful. I will have the expense of flying back from France to attend a court hearing when I have done nothing wrong. So, in reality, I could send one of these to my neighbour with a total fabrication for money and have them taken to court??! This country has gone mad. Thanks for your help.
Expert:  Ash replied 8 months ago.
You can claim cost of coming back from France etc. Alex
Customer: replied 8 months ago.
Thanks Alex

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