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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Not to be bought off?

19 replies

Sixweekstowait · 11/09/2014 21:03

Not sure where to post this. Had the holiday from hell in a villa booked via HomeAway. Have put truthful and damning review on that site and we are seeking compensation from owner. The owner has now offered us a third off the rent as a refund if we take the review down and withdraw the complaint we have also made to HomeAway. Apart from the fact that the offer is derisory, I believe it would be morally indefensible to be bought in this way and so am about to proceed to small claims court. I would rather end up with nothing than sell my integrity. AIBU?

OP posts:

onceinagoldenmoon · 11/09/2014 21:18

whatever you choose to do (accept the refund or proceed gallantly to the small claims court) YANBU. this isn't a case of being bought off, these things happen all the time, e.g. you received bad service therefore manager offers up some kind of refund / voucher. morals don't come into this.

to be honest, i'd think the time and effort involved in going to small claims court isn't worth it.

if you are prepared to go to court, hope u have some pictures or other proof and if you accept the refund make sure funds are deposited into your account before you delete the review. take the refund

Original poster

Sixweekstowait · 11/09/2014 22:14

She says she won't pay anything until the review is taken down - she must think I came up on the down train !! But anyway - how can I live with myself if I took the review down knowing that another family could then have an awful holiday? I do have lots of evidence and photos - I know it doesn't guarantee I'll win but I just can't let it go......

OP posts:

DisgraceToTheYChromosome · 11/09/2014 23:47

Hi OP. With good evidence, Small Claims is your better choice. There is a far higher chance of a full refund being awarded, and rather more importantly, any evidence (including your poor review) is covered by qualified privilege. This means it can be published verbatim (exactly as given in court) without giving rise to an action for defamation.

Never underestimate the vengeful stupidity of the small business owner in this country; some years back I watched a man destroy himself and his family through ill-advised litigation over a minor internet tiff. Having admitted to harassment, impersonation and IT offences, he was very surprised when the judge didn't award him his enemy's land, chattels and first-born. The costs took everything he had.

onceinagoldenmoon · 11/09/2014 23:49

Firstly you are not solely responsible for the plight of bad family holidays. You seem to think you are in one way or another going to save the world with your actions or otherwise.

Kindly write back to her and tell her unfortunately you will not take the review down until you have been reimbursed for your experience and her awful hospitality. She has a lot more to lose than you if the review stays online.

Don't go to a small claims court. I'm sure you have better things to spend your time and energy on. If anything chalk this place up as somewhere you will never go to again and will advise others not to. Don't this experience personally.

onceinagoldenmoon · 11/09/2014 23:50

Don't take* this experience personally.

iK8 · 12/09/2014 01:10

I think you're doing the right thing. The most I would offer is to add a fair and accurate update to your review.

In fact I might start by posting an update now because I'd be so annoyed. Something stating that the "owner has offered to refund £xxxx on condition the review is removed and the complaint withdrawn from the agent. At the current time I am preparing to pursue the matter via the county court and will not be removing the review in return for payment".

She's basically offered you a bribe. Small claims isn't difficult to do, I'd do that rather then sell out and accept a bribe.

ThinkIveBeenHacked · 12/09/2014 01:38

How did your review come about? Did you make a complaint to the owner/agent first and then subsequently review it or did you review it and then following that then try and complain direct?

I am of the opinion that if a goods or service is not satisfactory then you should report/pursue it with the provider as the first step. Failure on their part to rectify would result in a less than favourable review of them online.

Andrewofgg · 12/09/2014 05:32

Don't bother with small claims, enforcement of debt is a joke. But leave the review up. If you do settle as proposed insist on cleared funds first!

Thumbwitch · 12/09/2014 05:36

YANBU.

Original poster

Sixweekstowait · 12/09/2014 08:01

ThinkIve - we complained and she completely ignored us. Then we sent in the review and she contacted us so we did give her a chance and she didn't take it. Once - I think your comment is a bit unkind. This holiday was much much much needed by us all after a very very very hard year - I'm not trying to save the world but I do think it's only right to let people know what happened and they can then make their own decision. If she'd come back to us before the review, and settled, I would still have posted it but included how she'd dealt with it. I don't think that it should be relevant but the cost of the villa plus travel was nearly £4000 and I worked bloody hard for that money so I could treat everyone

OP posts:

Nanny0gg · 12/09/2014 08:46

What's wrong with Small Claims?

It's worked very effectively for us in the past.

Original poster

Sixweekstowait · 12/09/2014 08:57

Nice to hear that Nanny. Did you get the money?

OP posts:

WooWooOwl · 12/09/2014 09:06

YANBU.

People's holidays are important to them, and while you aren't responsible for preventing other families from having shit holidays, honest reviews genuinely help people.

The owner had her chance to put things right, she didn't take it.

I have to say, my integrity could probably be bought if she offered me the full cost of the holiday, but a third of what you paid isn't going to get you another holiday to make up for the one that she has already spoiled.

iK8 · 12/09/2014 09:41

If she's not in UK you may not be able to go via small claims - might be worth bearing in mind.

What does the agent say?

Nanny0gg · 12/09/2014 10:05

Bourdic

Yes

Booboostoo · 12/09/2014 10:23

I completely get your point. The compensation should be offered in light of the bad experience you had, it should have no strings attached with respect to the review. Had she offered the compensation as an apology it would have been nice of you to update the review but that is as far as I would go (presumably the owner has the chance to reply to the review and point out any improvements they have carried out). I'd take her to small claims.

Flexly · 12/09/2014 11:19

YANBU. If it was me, I'd write a formal letter including all the information you've shared above and pictures if you have any. She grossly misrepresented her property and has effectively taken money from you under false pretenses. Give her 30 days to reimburse you the full cost of the villa etc (and any other costs you incurred because of it) and state if the full amount is not forthcoming by the deadline you give her, you'll take her to the small claims court. Small claims is easy, there isn't a huge amount of paper work and really you've nothing to lose. I've used it twice and won both times!
Don't back down and good luck!

Original poster

Sixweekstowait · 14/09/2014 16:09

Well I think we have reached a fair settlement - I have received back all the rent, the cleaning deposit and linen charge plus a bit extra which will cover some odds and ends. So that's £2500. I've agreed to amend the review to include the fact that she's paid compensation. So fair but not just. I still mind the loss of what was meant to be a well deserved holiday for all of us but I can live with the outcome. We did what some of you suggested - gave her a deadline and a without prejudice offer which was half what we would have gone for in small claims

OP posts:

Thumbwitch · 15/09/2014 01:34

Glad that things have reached some sort of resolution without needing to go to court, but yes, such a shame that your longed-for holiday was mucked up in the first place!

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