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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Travelodge accuse me of damaging the room wall. I didnt

Customer Question

Travelodge accuse me of damaging the room wall.

I didn't do it..... but they say I did and a cleaner is confirming 'damage wasn't there before I stayed'
Ive responded politely and informed them I did not damage the wall and they keep coming back to me saying I did.
what do I do? I 100% did not damage the wall
Submitted: 4 years ago.
Category: UK Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry : Hi, welcome to Just Answer. I will help you with your question.
Max Lowry : Do you have any idea how it might have been damaged?
JACUSTOMER-uvud1ti4- : the photo they have sent shows it around half way up the wall, its a hole in the plasterboard wall.
JACUSTOMER-uvud1ti4- : no obvious things around it to cause the damage
Max Lowry : Okay. If they want to pursue you, they're going to have to convince a judge that it's "more likely than not" that you damaged the wall.
Max Lowry : Were you the only one occupying the room at the time?
JACUSTOMER-uvud1ti4- : no I was with my employee (brother in-law) we 100% didn't damage the wall I was working long hours and simply used the room to sleep in. the hole is quiet big and would of made a real mess of the floor.
JACUSTOMER-uvud1ti4- : we did see the damage to the room
JACUSTOMER-uvud1ti4- : but the room was £35 per night
JACUSTOMER-uvud1ti4- : it was a work related stay and I was glad of a bed to stay in at such a cheap price
Max Lowry : Okay, so there are two of you that will say there was no damage when you left. They say, from the cleaner, than there was damage after you left, but that's not to say somebody else didn't cause it. So the only evidence they have is circumstantial - they didn't see you hit anything/damage it.
Max Lowry : So, you're evidence is more likely to be accepted by a Court, as you have clear evidence (from being there) that you didn't do this.
Max Lowry : They only have evidence there was damage - not that you actually caused it.
JACUSTOMER-uvud1ti4- : if I go to court my business will suffer a loss and will have to cease trading ..... would I be able to claim this back if I used a solicitor to prove them wrong.
Max Lowry : How much is the damage worth do they say?
JACUSTOMER-uvud1ti4- : as the claim is only £200 .....but on pure principle im not paying it....
Max Lowry : Okay - then no, this is a small claims matter, and you will not get costs etc. if you go to court.
JACUSTOMER-uvud1ti4- : I am an honest person and would never leave a room damaged without telling them
Max Lowry : You can claim reasonable travelling expenses, and loss of earnings up to about £50, but that's about it.
JACUSTOMER-uvud1ti4- : on principal I will have to take a day from work.
Max Lowry : Yes, I know, there is no way around it really I'm afraid.
Max Lowry : You'll get the minimal amounts I mention back, but that's about it.
Max Lowry : That's the small claims system.
Max Lowry : Does this answer your question?
Max Lowry : I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.
JACUSTOMER-uvud1ti4- : is there cleaner classed as a witness ( im sure they would get in trouble for missing the damage in the first place)..... would I be able to request proof that the same cleaner went in the room each day as I was there 2 nights
JACUSTOMER-uvud1ti4- : also should I admit I saw the damage or is it better to leave that evidence out and just continue confirming I did not do the damage
Max Lowry : Yes, you could ask this in cross examination at the final hearing in Court.
Max Lowry : And your objective is to discredit the cleaner, or at least show they are likely to have noticed this after others might have been in the room.
Max Lowry : You can ask for all this up-front now.
JACUSTOMER-uvud1ti4- : well to be fair we was in the room 30 mins before we saw this point in bed
Max Lowry : Yes. So, does this give you a good idea how to tackle this?
JACUSTOMER-uvud1ti4- : no
Max Lowry : What would you like to know to help you?
Max Lowry : Hello? I'd like to help you more on this if possible, can we focus on what you're unsure of?