Civil Recovery Solutions (CRS) / Travelodge Hotels

[diddlydee]

I am currently in battle with Civil Recovery Solutions (hereafter CRS) after having received allegations that hubby, who was staying in a Travelodge Hotel, had smoked on their premises.

This is my diary of events for future reference. I have sent all replies to them via email to legal@ukcrs.com


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<--20th February 2014 - letter dated 18th February received, entitled "Notice of Civil Claim": linky
20th February 2014 - letter of reply to their allegations: linky
<--10th March 2014 - letter dated 7th March received, entitled "Civil Claim": linky
10th March 2014 - letter of reply to their response: linky

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Letter 1 received - Notice of Civil Claim

Dear Mr xxx

We have been instructed by Travelodge Hotels Limited to bring a claim against you to recover compensation following a breach of their terms and conditions. The incidents was discovered at the xxx Travelodge on the xx/xx/xx

The claim is for breach of contract and/or wrongful interference with goods. A contract was formed between you and Travelodge when you made a booking (ref: xxxxxxx) with them and they issued you with a confirmation number for your room. At this stage you agreed to be bound by their terms and conditions even if you were not occupant or perpetrator of the offnce.

It is an offence to smoke in specific premises and the Travelodge Hotel terms and conditions explicitly state (clause 5.5) that all of their hotels and hotel rooms are non-smoking. Adequate signage is displayed at the entrance, in reception, public areas and rooms. Travelodge believe that you have breached this term by smoking in your room.

The claim value is an amount that covers the cost of specialist cleaning (to make the room fit for resale), the loss of rental opportunity (the rooms are not fit to rent until at lease 24 to 48 hours after they have been affected by smoke) and consequential damages in relation to the incident.

If you should wish to dispute the claim we would be grateful to receive from you in writing within 10 days of this letter, full details so that this can be reviewed.

If we are not contacted with the above timescale or if the claim is not settled within 14 days of this notice, this matter will be referred back to our client with a recommendation to consider issuing Court Proceedings. If Court Proceedings are issued the Court will consider any failure to respond to correspondence when making Orders for costs.

We would like to help you resolve this claim as easily as possible; payment can be made via several methods, please see reverse for details.

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Letter 1 sent - In Repsonse to Notice of Civil Claim

I write further to your letter of the xx/xx/xx, ref xxxxx, received by post today.

I am somewhat surprised by the contents of your letter which state that an "incident" of smoking was "discovered" on the xx/xx/xx at the xxxxxx Travelodge. You go on to say that the room could not be let out for 24-48 hours after said incident and you wish to claim compensation for me for your loss in this respect.

Firstly, you do not state how this "incident" was "discovered". I would be very interested to receive your video footage to prove the occurrence of said "incident" and also to prove the perpetrator.

Also you do not state whether the "incident" was within the hotel room or the wider hotel itself; please clarify and submit your evidence of the same.

Furthermore, the room into which I was booked WAS let out for the 48 hours following your claimed "discovery", as I was resident therein for the period xx/xx - xx/xx/xx. If the incident was discovered on the xx/xx/xx, why was this not mentioned to me by the hotel?

For the record, I am fully aware of the hotels smoking policy and categorically deny any said "incident".

I await your further information and evidence with interest.

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Letter 2 received - Civil Claim

Dear Mr xxx

Thank you for your email received on xx/xx/xx.

We have discussed your correspondence with Travelodge and they have confirmed that they believe that strong evidence of smoking was found in room xxx, which was allocated to your booking. On the morning of xx/xx/xx our client's staff discovered an issue with the fire detector in room xxx. Upon inspection of the room not only did it smell strongly of smoke but cigarette ash was found on the windowsill as well as cigarette packets in the room. Our client's fire safety contractor attended and confirmed that the fire detector has also been tampered with in the room causing a fault that disabled the fire alarm. This fault and the other evidence of smoking was not present on the xx/xx/xx when your room had been serviced and checked by two separate members of staff. As no occupants were present at the time a warning letter was left in the room for their return.

Our client's staff will provide witness statements along with incident reports and cleaning logs confirming this if the matter progresses to Court. They will also sign a statement of truth stating that the contents of their statements are accurate and true.

The value of the claim and consequential "damages" relates to any losses incurred by our client which was due to the breach of contract. This is not just based on the cost of specialist cleaning and cost of checking and repairing the fire detector but also the loss that they have incurred by not being able to hire out the room following your stay to carry out the cleaning. Travelodge has been a non smoking hotel since 2008, in order to make the room acceptable for rental the room must be aired for a minimum 24-48 hours dependent on the extent of the smell. Please see below screenshot confirming that room xxx was not used for one night following your departure.

(screenshot given)

Travelodge's terms and conditions are clearly set out on line when you make a booking. These terms state at clause 5.5:

"Smoking is not permitted in any Travelodge hotel other than in designated smoking areas outside the hotel. You must not smoke in any of our hotel rooms or public areas or interfere with our fire detection systems. If you do so this will be regarded as a breach of these booking terms and conditions and we will terminate your booking and if necessary refer the matter to the authorities. We will contact you after your stay to recover any costs incurred due to smoking inside the hotel. The cost we incur include our costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administrative expenses. We may also instruct a third party to recover these costs on our behalf."

Our client believes that you or your guest have acted in breach of this condition as smoking as well as interference with the fire detection system has occurred in our client's room.

To succeed in a claim Travelodge have to show that on the balance of probabilities you or your guest have broken their terms and conditions, and based on the evidence provided by their staff they believe that they will be able to succeed in this. We do not take these actions lightly and are sympathetic to your situation so should you wish to dispute this claim any further we ask that you do so in writing detailing the legal basis on which you wish to rely. We will then seek further instruction from our client before commencing any potential court proceedings, alternative please see overleaf for payment options.

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Letter 2 sent - in response to Civil Claim

I write further to your letter of the xx/xx/xx, ref xxxxx, received by post today.

Your comments and claims therein are noted.

You state that an issue was found with the fire detector and further inspection revealed a strong smell of smoke together with cigarette ash on a window sill. You go on to claim that the fire detector had been "tampered with" as confirmed by a fire safety contractor.

Your claims are both outrageous and false and, having been a regular guest at Travelodge establishments for many years, I am absolutely disgusted that you insist on continuing with such false allegations.

The fact that the room in question was not hired out for one night (as apparently evidenced by a "screen print") is certainly not evidence that the room could not be let out due to in smoking in the room during my stay.

If this is how you treat your guests, then I am not surprised if hotel rooms are often left unoccupied. I, for one, will not be using the services of Travelodge again in a hurry.

As previously advised, I vehemently deny all allegations made against me. Should you wish to take this matter further, then I would look to claim compensation for:

• loss of earnings for having to attend court;
• time I have spent having to reply to you in this matter.


Please accept this letter as my final response to this matter.

[Riz]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

That jogged a memory. I thought I recalled this from Watchdog, which turns out I did.

http://www.bbc.co.uk/programmes/b006...avelodge-fines

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Thanks Riz.

I am aware of other cases having googled "CRS"; they are dispicable! Hubby most definitely did NOT smoke in the room, not did he tamper with any fire detection devices! I should really just ignore them, but, I am outraged at their allegations and will see them if court if it ever went that far.

[Never-In-Doubt]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

How much are they claiming?

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

£150 Nids. Seems their "standard" claim amount...

[Riz]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

If me I might see how many times that I could cost them before they give up.

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Well there is that I suppose Riz. I can't always be arsed to sit and type the letters!

I wouldn't mind as much if I could counter claim at £25 per letter and actually receive it!

[Never-In-Doubt]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Well you can counter a reasonable cost; say around £12-£17 per letter.

[diddlydee]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

If it ever gets to court, I will. I could say I'm slow at typing and each letter takes a day to write

[Never-In-Doubt]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

Did I not say "reasonable..."

[IF]

Re: Civil Recovery Solutions (CRS) / Travelodge Hotels

If it ever gets to court, I will. I could say I'm slow at typing and each letter takes a day to write

Did I not say "reasonable..."