holiday villa issue.

Think the issue here is that under what grounds do you have a claim against the owner?

Someone building next door isn't the owners issues - she can't control that. Whilst maybe the pictures aren't up to date, i can't see any small claims court upholding anything on the grounds of something that the owner can't control??

What if the local roads department started digging up the street outside the house for 2 weeks your there - nothing the owner can do about it. You can try dealing with the owner directly but I can't see much coming of it if she digs her heels in - small claims court would be a waste of time I would suspect.
 
i would take the risk of a small claims.
it wont cost much and worth a go.

end of the day she knew about the building work next door and should have mentioned it.
if she had mentioned no one would book it.
 
booyaka said:
Think the issue here is that under what grounds do you have a claim against the owner?

Someone building next door isn't the owners issues - she can't control that. Whilst maybe the pictures aren't up to date, i can't see any small claims court upholding anything on the grounds of something that the owner can't control??

What if the local roads department started digging up the street outside the house for 2 weeks your there - nothing the owner can do about it. You can try dealing with the owner directly but I can't see much coming of it if she digs her heels in - small claims court would be a waste of time I would suspect.
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I think it would be misrepresentation of the property, particularly when they state that this place is "very quiet". She clearly knows that the work is going on, and admits as much, but then continues to tell the OP that he's wrong, when he also clearly isn't.
 
teenwolf said:
i would take the risk of a small claims.
it wont cost much and worth a go.

end of the day she knew about the building work next door and should have mentioned it.
if she had mentioned no one would book it.
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True dat. Or at least you'd expect a discount due to the potential for noise and distraction.
 
booyaka said:
Someone building next door isn't the owners issues - she can't control that. Whilst maybe the pictures aren't up to date, i can't see any small claims court upholding anything on the grounds of something that the owner can't control?
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She can't control it, no, but she could have - when the OP enquired/booked - mentioned that there was building work going on next door, and would that be an issue?

From the OP clearly it would have been an issue, and she obviously knew this, hence why she didn't mention it...

If the OP wanted a noisy location next to a building site, he would have booked somewhere noisy next to a building site (and most likely paid significantly less for it)
 
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well owners direct are very interested and are getting in contact with them to see what they are going to do about it as they agree its false advertisement and will look very bad on the listing.

also sent her a message on facebook. :)
 
Dominic Littlewood would be all over this like a rash!

Deffo small claims court job. Saying it is nearly finished and merely in decorating stage is a pure lie. Shouldn't be allowed to get away with it.

Shame you can't contact others who holidayed around the same time to see if they had problems as well. Taking a claim to court as part of a group would surely carry much more weight than a solitary plaintiff.
 
booyaka said:
Think the issue here is that under what grounds do you have a claim against the owner?

Someone building next door isn't the owners issues - she can't control that. Whilst maybe the pictures aren't up to date, i can't see any small claims court upholding anything on the grounds of something that the owner can't control??

What if the local roads department started digging up the street outside the house for 2 weeks your there - nothing the owner can do about it. You can try dealing with the owner directly but I can't see much coming of it if she digs her heels in - small claims court would be a waste of time I would suspect.
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I think we can all agree that these are all out of her control. However that's not the point we're arguing about. Those building works have clearly gone on for some time, so the owner will have known about it. But rather than divulging that information to potential customers, she didn't - likely because they would have cancelled and she would be losing money.

That's what the SCC/Judge should be able to determine, her intentions weren't honest when accepting the OPs booking.
 
A ruling could go either way, she can argue the area is still quiet and the noise for that particular duration was out of her control. It depends how much it cost, if it wasn't a lot, I would forget about it and leave negative reviews warning other customers, if it was a lot then you can pursue it, but may not be worth it.
 
Good luck with this one Teenwolf, I am sure we are all rooting for you!

We have had 3 holidays through Owners Direct; the first 2 villas were lovely, whereas the 3rd was horrid. I wish we had done more about it now, but until it happens you don't really think how vulnerable it all is.

Like you we did a bank transfer to the owner. I am just relieved that we didn't get completely scammed like some who turn up to a villa that has nothing to do with the advert on Owners Direct and the poor families have to go home with no holiday and likely no refund....I can't imagine how bad that must be!

Keep us updated with the progress and good luck!
 
She has actively lied to you, its not like she's claimed to be unaware of the building work but she's actively in contact with a neighbour who can not only let her know its happening but also provide details which she's blatantly tried to play down to the point where she is claiming they're only painting. This is incredibly dumb of her given that you're already there and have heard the building work, have photos etc.. showing a rather unfinished site. I've got no idea of whether you'd have a chance in county court but I'd be tempted to just have a go out of principle... I think the wording on the advertisement was false and the owner was clearly aware of the issues - you'd have likely booked a different villa or asked for a substantial discount had you not been mislead.
 
That I wouldn't do if you do intend to go to small claims. It could backfire as being slanderous or something if the courts rule in her favour.
 
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