Help - civil case against me but I did nothing wrong!

[ATruthUniversallyAcknowledged]

I recently stayed overnight in a Travelodge and two weeks later got a letter from the Civil Recovery Service saying I was being fined £150 for 'tampering with a smoke detector'. I don't smoke and didn't tamper with anything (this is the absolute truth as several people on here who know me in rl will testify)

I wrote back explaining that and asking for the case to be dropped. Today I have received a letter saying they are continuing with the case and are willing to take me to court. The letter also includes more information - saying that I covered a smoke alarm with a sock and including a cleaning schedule and a signed statement from a cleaner as 'evidence'.

I didn't cover anything with a sock! Why would I?

Anyone got any idea what I should do now? I am absolutely fuming that I am even having to think about this, but there is no way I am paying a fine for something I didn't do.

The letter says that 'if you wish to dispute this claim further we ask that you do so in writing detailing the legal basis on which you wish to rely.' So, what do I do? Do I need to see a solicitor? If so, what kind of solicitor and how do I find them? If I do see a solicitor, will I have to pay for it and do I stand any chance of getting that money back from Travelodge or CRS?

Any help would be much appreciated! Thanks

Write back, tell then you've sought legal advice , you want copies of everything and if they do start legal proceedings against you, then you will counter sue for your costs. All you need is a very carefully worded letter.

I wouldn't ignore it.

I would write reiterating your denial of responsibility for alleged incident. State you don't accept the cleaner's checklist as evidence and given the publicity from the BBC program you would like photographic proof of alleged tampering and details of this sock (mens, womans, colour etc).

I would point out this alleged scam has been reported and therefore they will understand the need for rigorous proof ....

Did you argue with anyone while you were there ?

So where is the sock ?

Surely they have retained it, and technically could be checked for DNA.

Seriously, they don't have a leg to stand on. Ignore. Ignore.

The cleaning schedule would not amount to admissible proof. For a start, any member of staff could have had access to the room at any time.

I wouldn't ignore their letters to be honest but I would reply each time stating that you don't smoke and that you didn't tamper with the smoke alarm and won't be paying their fine.

Tell them that if they decide to take things further then they are welcome to do so but that their frequent letters and threats amount to bullying and harassment.

They CANNOT prove this (unless hidden cameras in room) do stop panicking

You will be fine x

Did you argue with anyone while you were there ?

No! Quite the opposite! I was ridiculously polite to a bunch of drunken blokes outside when I arrived so the bloke on reception was really lovely, apologetic (unecessarily), chatted to me about my son, etc. etc.

When I left they were dead nice and waved me and LO off.

I did send a ridiculously stroppy reply after the first CRS letter though

You've replied once that is enough. Honestly this is a nonsense. Don't worry about it.

Unless you just hand them money the only way they can make you pay is to take you to court. You would get an official summons if they were going to do it.

I would be very surprised if they actually took you to court, judging from the fact that they seem to have been busted doing this many times.

You don't necessarily need a solicitor in order to reply to them. I would reply myself saying that they are wrong and detailing reasons why (you don't smoke etc.). Say that you have taken legal advice (well, you've Googled but no need to explain that) and that you notice one of their employee accounts has a factual error in it (no need to point out exactly what it was). You could also says that it has also come to your attention that they have been the subject of consumer watchdog investigations for making identical claims. Then finish with something like 'If I do not hear further from you on this matter, I will assume that you do not wish to proceed with this issue'.

I have heard of lots of other companies making similar allegations against customers. They are just relying on people being scared at the mention of court and handing over the money. Logically, if they send 100 letters like this, and 99 times all they get back is 'piss off' but 1 person pays, then it is worth it. Actually taking them to court would not be worth it, as there is a big risk they won't win. It really boils my piss, these companies are trying to intimidate people who don't know the system and don't have ready access to free legal advice. In this case I suppose the hotel could just have made a mistake.

If you receive an actual summons, then you need to think again because that actually means that you are being taken to court and then you should speak to a solicitor. But I bet everyone on this thread a Westlife CD that won't happen.

'The original letter (not this one) said that if I ignored it, it would go against me in court. Is that true? Or still the case?'

Total, total bullshit.

Thank you all for your support and advice. I don't feel comfortable completely ignoring it so have drafted the following. I've deliberately left it short so as not to allow myself to get wound up! Sound okay?

---

Dear xxx,

In response to your letter dated XXX, this is to confirm that I have sought legal advice and will not be paying the £150 fine for claim number xxx.

I do not smoke and did not tamper with a smoke alarm during my stay at xxx Travelodge on xxx date.

I do not accept the cleaners? checklist or written statements as evidence. They contain at least one factual inaccuracy.

I feel that your letters and threats amount to bullying and harassment and request that you drop the matter immediately.

Yours sincerely,

Truth

I have to disappear for half an hour or so, but will be back to check responses later. Thank you again

If you send that (and it's well written) just don't send any response to any other letters they send. These sorts of people write and write and write to try to intimidate.

I don't know but maybe one more letter to them stating that it wasn't you, you won't be paying and won't be entering into any further correspondence with them?

Thanks again chub, so shall I just add the line 'This will be the last correspondence I enter into about this matter' to the end?

(in other news, the homemade macarons I went off to make for mother's day tomorrow are looking goooooood )

Yes I would

No! Quite the opposite! I was ridiculously polite ....

Hmmm, maybe that's the scam then ...

Identify the soft targets, butter them up and then stitch them up.

Cynical but plausible.

how bizarre, don't think I've read anything this odd for quite a long time.
Your letter is very polite, don't think mine would be.

Did they provide photographic evidence of above-mentioned sock? Are you male or female? Is the sock a mans or womans?

Have you visited a doctor recently.and got it 'on record' that you don't smoke.
Not that I think you'll need it, just another thing that is handy to have. How strange.

Dear god - why on earth do they do this?? I stay in a Travelodge quite a lot if I'm working away, and this really puts me off the idea of staying again.

It's such a short-sighted business model, if a scam. On the off chance of possibly getting 150 quid, they have basically ensured that you, and anyone you tell about this, will not want to stay in a travelodge. They would have made much more than 150 quid out of repeated custom and word of mouth recommendation. Very odd.

I stay in them when I go away for a day or two.

I'll be booking an ibis or something from now on if this is how travelodge behave!

I am really sorry you are being treated like this and I hope it's sorted soon, but it's good that you've told us about this!

Yes me too, I stay a night in another city oncea week and it's Travelodge about half th time. But this sounds like Crap I could do without and so I won't be risking it.

Thank you all. I've emailed CRS and Travelodge again to reiterate the fact that I don't smoke. I've also said that their letters are causing undue distress and asked them to stop contacting me (except to say the matter has been closed)

I'm really cross with myself for getting so upset about it, but this has been keeping me awake at night. It's not the £150 per se (though there is NO WAY that I am paying up for something I didn't do) but just the fact I have had to even think about it. I was staying at the hotel the night before a funeral, I've recently moved house and job, I have a toddler, I am studying as well as working full time... the last thing I want to be doing in my 'down time' is dealing with this crap.

Have you visited a doctor recently.and got it 'on record' that you don't smoke.
I was thinking about this earlier. I've just moved so current doctor probably can't say with any certainty that I don't smoke, however I'm considering getting my doctor and vicar from previous city, current head and previous head (I'm a teacher) and anyone else I can think of with 'well respected' job titles to write short testimonals saying I don't smoke. Even this pisses me off as I didn't do anything and it seems so unfair as I do know people in these roles who will write testimonals for me, but what if Travelodge target someone who doesn't? I'm too wound up to just ignore it though (sorry to all those people who have - probably wisely - advised me to)

And breathe...

Don't you put yourself to any trouble! You haven't done anything wrong. I really wouldn't bother putting yourself to any trouble as they are not going to sue you because they are either mistaken or lying. I'm sorry to say that they probably will not do you the decency of letting you know they won't be pursuing it, but don't let it cause you any stress. You are in the right.

Although I don't stay in hotels that often, when I'm travelling around the UK I do tend to go for Traveldodgy hotels. I've got an early interview 2 counties from home tomorrow so have just booked a hotel for tonight. I'd normally book Traveldodge but have gone for a smaller more independant one. Slightly more expensive but no 'hidden costs'