Small claims court process

[huji]

What happens if you attempt to take a Ltd company to small claims court and they just don't respond?

I have sent a letter of intention to be signed for, one to the premises and one to the address registered to the directors.

The one that went to the premises says they are not there any more.

The one to the directors was signed for but I don't know who by.

If we go to small claims and they haven't responded, how do I know that i will get my money if they don't respond?

Thanks loads in advance

If they continue to ignore you when you take action, you will be able to get a default judgement. Whether that can be enforced is another matter. That depends on whether the company has sufficient assets to cover the amount you are claiming.

According to companies house they had £48000 in their last audit but maybe they spent it all since! So hard to know whether I'm just going to waste my money trying to take them to small claims court

It is impossible to be sure but, if that was their balance sheet value, there is a decent chance you will get your money. However, it isn't guaranteed and, if they want to be awkward, it could take quite a while before you get there.

Please advise me what you would understand this cancellation clause from Airbnb would mean.....,
"Cancel before 8th June and you will receive a Partial Refund. Get back 50% of every night. No refund of service fee. "

I paid £990 for a reservation in June 2023 but cancelled in Oct 2022. Host refusing to refund, despite it being re- booked. Airbnb saying I'd paid 50% of the full fee so I get nothing.

I think their wording is misleading and confusing.

What do you think

You didn’t cancel before 9th June so you don’t get anything back

If you did cancel before 9th June you would get a refund of 50% less the “service fee”

Its not that unclear

Sorry I didn’t register years 2022/3

ignore the above!

What was the full price and what did you pay?

Have you exhausted the Airbnb complaints system?

Host originally said he'd refund me once that period had been rebooked. Then in Jan after it was fully booked he changed his mind and refused.
Airbnb have tried to reason with him but have got nowhere.
Firstly I think most people would misinterpret the 50 % refund clause like you and I did. Secondly I feel strongly that such a clause is totally unreasonable and it should also have added.... however if rebooked, monies will be returned.

You can’t wish terms into a contract though. The clause is clear. You accepted the terms by booking.

What is the Airbnb dispute resolution process?

You can’t sue anyone without an address for them, so this may not be a practical solution.

Actually I don't think the clause wording is clear. We both misunderstood it. There are successful claims against Airbnb in Small Claims Court, so I am taking legal advice. It maybe that what Airbnb/Host are doing come under Unfair Contract Terms Act.
I'll update when there's an outcome but wanted to alert people to the existence of these clauses.

No my misunderstanding was only related to the year - I initially read it that you had cancelled in October after the June date referred to without clicking the booking was for was June 2023 and you cancelled Oct 2022

The wording is clear : cancel on or before June 9 (2023) and get a 50% refund less service charges. From what you have said they have not done this.

You need to go through Airbnb own dispute resolution service. Also consider mediation with the property owner

IYes that is what I assumed But no, the clause apparently means 50% of the total cost of each night. And as the reservation fee I paid was 50% of the full rate, so nothing refunded.

Hence my view that the wording is misleading

So the effect of the clause is that you will only ever have to pay 50% of the total if you cancel prior to June 9 which is what you did. Not sure you are going to get anywhere with this one I’m afraid

Instead of getting hung up on the meaning of the clause, you should focus on whether it is an unfair contract term. In general, if you cancel a contract, the business is only entitled to keep an amount to cover their losses arising directly from your cancellation. In this case, the property has been re-let, so losses would be minimal. You may therefore have a good case to get your money back.

If you paid any part of the money using a credit card, you can pursue this with the credit card provider who may be more flexible than the property owner.

If you want to take action, remember that your contract is with the property owner, not with Airbnb.

Good points. I'm in a process with PayPal currently and will see how that goes . If that fails Small Claims Court I'm not letting this b*stard get away with my thousand pounds!