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Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 4344
Experience:  Solicitor
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We let a property for 1 week in switzerland in July. On

Customer Question

We let a property for 1 week in switzerland in July. On arrival no inventory was carried out. A corner kitchen cupboard would not close properly on arrival and over the course of the week because dangerous for my 5 children and adults as you could trap your finger in it and not access the cooking pots. My husband removed the Door from the hinge. No damage to the door was made.the local contact only spoke German so I could not raise the issue with the local agent. On return the owner keep our deposit and 500 frs and refused to return it. They ignored multiple emails and then claimed that hand made leather chairs had been damaged. We certainly did not damage them they had multiple marks on them on arrival ? Water marks but again this was the condition on arrival. There where lots of other item in the property damaged. After failing to get any joy from the owner my credit card took this issue up on my behalf. The holiday company released the deposit stating evidence had not been submitted in time. I have now received an email asking for 1109 francs payable by the 6th Jan or they will take me to court. I am deeply distressed by this.
JA: What state is this in? And when did the issue begin?
Customer: July switerland I am in the U.K.
JA: Has anything been filed or reported?
Customer: To the holiday company in July
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: UK Property Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 7 months ago.
I would like to know how to respond to his threatening email and what my alegal position is? I feel very vulnerable as no inventory was taken on arrival or departure. It is also now 5. Months later that he has had work done which I am being invoiced for ? The invoice is purely in German which I do not understand.
Expert:  Jamie-Law replied 7 months ago.

Sure. The contract if there was one, what does it say about governing law?

Customer: replied 7 months ago.
I have not had a response to my question
Expert:  Jamie-Law replied 7 months ago.

I replied on 2/1/17 and asked: The contract if there was one, what does it say about governing law?

Customer: replied 7 months ago.
I don't have a copy of a contract! The holiday letting company state you must submit evidence of damage within 10 days with supporting photographs and quotes for repair! The owner failed to do this and do they released my deposit as he did not follow their protocol! They now state if he chooses to take a case against me then that's an independent issue and nothing to do with them.
Expert:  Jamie-Law replied 7 months ago.

Just so that I am clear, has your deposit been returned in full? They are seeking damages now, after the event?

Customer: replied 7 months ago.
deposit refunded my letting company as not compliant with their timeframe to sunlit evidence, work done on house on 12/13december. Property let in July
Expert:  Jamie-Law replied 7 months ago.

ok. So you are not out of pocket?

Customer: replied 7 months ago.
No not at all. My deposit was refunded by the letting company. He is threatening a civil case against me for the illeged damage.
Expert:  Jamie-Law replied 7 months ago.

Ok -In that case I really wouldnt worry. They would have to show the contract (which you dont have) was governed by UK law to start.

Then they would have to show that they picked up the damage within 10 days, which they didnt. So even by their own terms they have not complied.
This is just a silly owner trying to get money - you have nothing to lose, you have your money.

I would write back, deny the damage and say they have not complied with their OWN terms!
Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 7 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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