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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
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
Hello Jo my name is ***** ***** I will help you with this.Just to be clear, did you sign any booking?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex, my number is ***** 998233,
Customer: replied 1 year 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.
Calling now. Alex
Customer: replied 1 year 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.
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 1 year ago.
Thank you Alex.
Happy to help
Customer: replied 1 year 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
No, just file a defence as we discussed. Alex
Customer: replied 1 year 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 : number : 0300(###) ###-####E-mail address : [email protected] 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
There you go - he has lied. That wont go down well. Alex
Customer: replied 1 year 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!
I see. Yes MCOL, I dont think he has a case. Alex
Customer: replied 1 year ago.
Thanks Alex
Customer: replied 1 year 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, ***** *****
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 1 year 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!.
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 1 year 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.
You can claim cost of coming back from France etc. Alex
Customer: replied 1 year ago.
Thanks Alex