View Full Version : Small claims?
scamhammer
24-06-2004, 15:29
If a UK owner lets down a renter, is it better to take them to them through the small claims procedure in the UK or Florida?
Very, very rarely does this happen but, should it, then the guests' first approach should be to set out their complaint in writing to the owner and see if it can resolved there first. If they can't resolve it this way then yes the small claims court would be the place to go next I would think.
The contract between guest and owner usually says which country's laws it's subject to and this would define the location.
Just really interested but why are you so concerned about being let down by an owner? This is the third time today you've raised this issue!
bellaepovera
24-06-2004, 22:19
When I see the words small claims court and suing I run in the opposite direction!! [msnwink]
Cruella DeVilla
25-06-2004, 01:07
Puts me off the idea of renting our villa!!![}:)]:(
CDV
I am not quite sure what you mean by 'if a UK owner lets down a renter'
I have a section in my terms and condition (which the renter has to and agree to) that states -
If circumstances arise beyond our control the right is reserved to cancel your booking. In this case we will attempt to find you alternative accommodation on the same complex (if agreeable with the renter), or, without liability, refund all monies paid to us. The Owner cannot guarantee that all the facilities described on the website and/or brochure will be available.
In these circumstances I don't think anyone would have a case to go to the small claims court. I suspect most owners have something similar to the above in theit T&C's.
rainyday
29-06-2004, 19:14
This isn't a 'catch-all, do what I like and there's nothing you can do about it' clause. The clause is only a let-off if the circumstances are beyond the owners control - there are lots of circumstances where an owner could let down a renter in circumstances within his control. So, for example, if the owner decided to let to his brother instead of someone with whom he had a contract, I don't think this clause would be of much use to the owner.
However, and I'm not an expert, but I think the small claims court can only be used to sue/claim from a business (as opposed to a private individual) - I'm not sure if letting your holiday home would be considered a business.
CarolAnn
30-06-2004, 01:10
What are the details? Has this happened to someone? What were the circumstances? I would be interested in the details, and any replies.
Blott
You must have been on all day to see that someone has asked 3 times about the same subject. Take a break and go down the corner shop! We luv you but there is a limit to your dedication[msnwink][msnsmile2][msnsmile2]
You can take people to the small claims court, and would have thought letting out your property
would constitute running a business, well that is if you declare it and pay taxes etc
PS: Blott when your at the shops can you get me a mars bar please :)
floridadreamvilla.co.uk
30-06-2004, 02:14
Chris is right - you can take people to the small claims court.
Just to turn this one on it's head, it also provides a machanism for private villa owners to take guests who abuse their homes to the small claims court. Like anything in life these things work both ways and are the absolute last resort.
For every 1000 people staying in a privately owned villa there will be an absolute minority that are unhappy and of them it is highly unlikely any will even have to think about the small claims court, let alone use one.
<blockquote id="quote" class="ffs">quote:Originally posted by chrisj
You can take people to the small claims court, and would have thought letting out your property
would constitute running a business, well that is if you declare it and pay taxes etc
PS: Blott when your at the shops can you get me a mars bar please :)
[/quote]
Rainyday,
Not being naive or anything but how would anyone found out if an owner changed their mind and rented it to their brother? They could quite easily say they have problems with their property and no one would be the wiser.
How comes scamhammer raise the question and then never come s back a with a reply?
Funny question to ask unless there is a problem
Also though, as ive said before its all down to trust on both sides.
rainyday
30-06-2004, 13:10
"Not being naive or anything but how would anyone found out if an owner changed their mind and rented it to their brother? "
I didn't say it would be easy but it's not as impossible/inconceivable as you think. If two groups of friends booked villas close to each other and one was let down, the group not let down could (inadvertently or otherwise) find out what was happening to the other villa. I personally would let it go as it would consume too much time and energy and would most likely leave you feeling bitter but it's the kind of thing that could get in on some people.
floridadreamvilla.co.uk
30-06-2004, 13:12
That's easy. Scamhammer only comes to the forums to spread his / her doom and gloom every once in a while. He obviously likes trying to stir things up a bit and always posts about negative issues [msnsad]. He / she very reraly replies to any issues they raise so my conclusion is they just like posting in this style and have no care what people reply with. Scamhammer - please correct me if this is wrong [msnsmile].
<blockquote id="quote" class="ffs">quote:Originally posted by wrpac00
How comes scamhammer raise the question and then never come s back a with a reply?
[/quote]
Some people are shy[8)] Some are working long hours[|)]
Some just like a laugh:DSome just want information[msnscared]
Some just play pool[8]Some people don't like hot food[xx(]Some people ask questions[?] Some just browse[msnoo]Some like hot food[:p]
It takes all types to make a forum buzz. Let us not judge others by there lack of response.
Only Joking:D:D
:D:D:DWELCOME BACK GEORGE.:D:D:D
How is Pamela banned from the PC I see.[msnmad][msnmad]
Beryl
Hi the your Welshness
She is, and will now have to register on her own. You go away without her and she thinks i owe her big time. Starts with the computer, next the house etc. I can't have her taking over!<blockquote id="quote" class="ffs">quote:Originally posted by Beryl
:D:D:DWELCOME BACK GEORGE.:D:D:D
How is Pamela banned from the PC I see.[msnmad][msnmad]
Beryl
[/quote]
chrizzy100
30-06-2004, 19:12
<blockquote id="quote" class="ffs">quote:Originally posted by george
Hi the your Welshness
She is, and will now have to register on her own. You go away without her and she thinks i owe her big time. Starts with the computer, next the house etc. I can't have her taking over!<blockquote id="quote" class="ffs">quote:Originally posted by Beryl
:D:D:DWELCOME BACK GEORGE.:D:D:D
How is Pamela banned from the PC I see.[msnmad][msnmad]
Beryl
[/quote]
[/quote]
How can she register if you're on the PC......we need more women to keep you men under control....so go put on the kettle and give her some playtime........:D:D
<blockquote id="quote" class="ffs">quote:Originally posted by george
Hi the your Welshness
She is, and will now have to register on her own. You go away without her and she thinks i owe her big time. Starts with the computer, next the house etc. I can't have her taking over!<blockquote id="quote" class="ffs">quote:Originally posted by Beryl
:D:D:DWELCOME BACK GEORGE.:D:D:D
How is Pamela banned from the PC I see.[msnmad][msnmad]
Beryl
[/quote]
[/quote]
Hi Chrizzy
I suggested that Pamela buy a laptop for herself, fair is fair. George has had a trip to the villa while poor Pamela[msncry][msncry][msncry]was working hard...............bless, and hasn't even seen her own villa except in a photo. [msncry][msncry][msncry][msncry][msncry]I think she deserves a special treat(laptop of her own). Must have been awful George away and her on her own. My heart goes out to you Pamela[msnwink][msnwink]
Beryl
Thanks for your support girls !:D I've managed to sneak on here while he's watching the footie !
Pamela.
chrizzy100
01-07-2004, 02:10
<blockquote id="quote" class="ffs">quote:Originally posted by george
Thanks for your support girls !:D I've managed to sneak on here while he's watching the footie !
Pamela.
[/quote]
Good one......footie has its place then........:D
Just been told off by John on a DM for going on and on. It wasn't even me it was the wife and you girls. Please continue this on HG thread if you wish and not this thread.