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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sirs, My partner J and I have received a claim from a

Resolved Question:

Dear Sirs,
My partner J and I have received a claim from a couple who recently stayed in a holiday property owned by J.
The property is let through cottages .com who act as J's agent.
The claim is for £500 in respect of what they describe as a substandard 4* property which, hey claim, that they left early due to ill health caused by uncomfortable furnishings and a terrible smell. The smell was not mentioned on the three visits that I made to the property whilst they were there, nor was it mentioned when they called the company to complain during their stay.
They initially wrote a lengthy letter to the agent which we responded to via the agent on the basis that, at best, ***** ***** were grossly exaggerated, completely false or absolutely absurd and completely at odds with the 38 other families who had without exception left very kind comments on our guest book and the 17 who had responded to online "revoos" giving us an average of 9+ for both comfort and cleanliness
The holiday was booked and paid for by Mrs B but it is Mr B who is making the claim from us both. The holiday co say that the contract is between J and Mrs B.
We very much want to fight but cannot risk having a judgement against us
Any advice would be welcomed
Yours
Richard D
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello Richard my name is ***** ***** I will help you.

Have you received a letter of claim or a County Court claim form please?

Customer: replied 5 months ago.
a money claim online from county court
Expert:  Ash replied 5 months ago.

Who signed the contract, was it J and Mrs B?

Have you filed a defence?

Customer: replied 5 months ago.
effectively it would have been J who is the owner and Mrs B, although booking online, is considered by the company to be the other contractual party.Have not filed a defence as yet.
Expert:  Ash replied 5 months ago.

Ok - I would provide a reply and defence saying:

1. The contracting parties were Mrs B and J who acts as agent. No contract has been signed between Mr B or Mrs B and (you).

2. Therefore the Claimant has no locus and is put to strict proof.

That is all you need to do. If the Judge considers at directions stage (which is when the claim is case managed) there MAY be a case to answer then you could counter sue J and bring them into proceedings as well

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Both J and I wish to defend as the claim is made against us both.Are you saying that Mr B cannot claim against either of us but if Mrs B had made the claim she would only be able to proceed against J.
Expert:  Ash replied 5 months ago.

Yes because that is who the contract is with.

It is possible if they were acting on your authority and behalf that there could be a claim from Mrs B against you.

But as it stands Mr B is not a party to the contract.

As for a CCJ, dont worry, even if you do lose, if you pay within 30 days any CCJ is cancelled anyway

Can I clarify anything for you about this today please?

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 5 months ago.
Thank you for your helpRichard D
Expert:  Ash replied 5 months ago.

Happy to help Richard, good luck

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