Wednesday 22 February 2012

When an Unjustified Complaint turns out to be nothing but a Scam....



 Most people we come across are ordinary decent folk who want nothing more than to enjoy their holidays and to make the most of their time here on the Costa Tropical.
However, we have recently had the misfortune to become involved with a couple who are the complete antithesis of most people….

 Feb 3rd Friday .…    Mr & Mrs L, a British couple, arrived at the Villa in the late afternoon having driven from their home in France.

Their journey in France and the north of  Spain had been really bad because of the snow and ice and they had been fearful at times of being stuck in the snow.
We settled them in, answered all their questions,  and explained that if the pump did stick, as it had done once in the morning,  opening the tap in the sink just outside the door on the covered patio would remedy the situation.
We also advised them as we do everyone,  of the electricity  board behind the Monet print, just in case, and that the towel box was behind the middle bedroom door because people can never find the towels if we forget to mention this although, it is written in the villa notes that people never seem to bother to read.

Mr & Mrs L purchased just one radiator and a gas bottle from us for heating and said they were going back to Motril to buy firewood for the woodburner stove and provisions. 

Next morning around 10 am or a bit later, I received a phone call from Mr L saying that he needed Ian to come up to the villa straight away to  ‘discuss things’.
  He did not want to speak to me until I explained that Ian had gone to Malaga Airport and would not be back until much later.  I pressed him to tell me his problem.
 He then said that the hot water had run out while he was showering.  I asked which bathroom he was using at the time and he said the family bathroom.  I said that I expect the gas has run out and that Ian will bring a new gas bottle up when he gets back.  
 
Note:  at the time, there was a full gas bottle in the en-suite bathroom so he was not without hot water as he later maintained. 
Note:   He did not complain however about there being no gas in the kitchen for hot water or the gas stove which is what happens when the bathroom gas bottle is empty.

He went on to say that he had been forced to go outside, in the freezing cold, to turn on the tap to unstick the pump, in his pyjamas.  I explained that Ian would sort out this problem on his return.
 
He also complained that the electricity was faulty and how was he going to explain to his friends when they arrived that they couldn’t make toast and boil a kettle whilst his wife was using the hair dryer.  I suggested that he could stagger his use of the electrical appliances so that the supply didn’t trip but no, he said he just wanted to live a normal life and be able to use all the appliances in the house at the same time.  I refrained from suggesting that this just might not be a normal expectation but I did point out that our electricity supply was perfectly normal and that never had we previously had a complaint about it.

Well, when you think in the Summer it runs the pool pump and all the ceiling fans and a couple of floor standing fans, washing machine, dish washer, kettle, showers and with six people in the house and I can remember only one instance when it did trip, in the middle of the night some four years ago,  I couldn’t help but be puzzled by his accusation.
 In fact, later that afternoon I asked him what kind of people his friends were that he was so concerned that they couldn’t be happy in the Villa.  He answered ‘ just normal people….like us’,  as an afterthought.

Still on the phone,  he told me that I should ring Ian straight away and tell him about the problems  to which I said that no, I would not ring Ian as he would only worry and that nothing could be done until Ian returned.

About 2.30pm, I rang  Mr L to advise him that Ian would be up immediately to which he replied, no, give me an hour or an hour and a half  as I am out with friends.
Later, Mr L rang me back and said he was back at the villa so Ian went up with the gas bottle.
He was completely bewildered to find Mr and Mrs L packed up and ready to leave and asking for a refund.    He advised them that he never dealt with money and said he would go home to fetch me.  Mr L then announced that he would follow in his car but was advised that no, this was not acceptable. Ian came home to get me and I went back up to the villa with him.   
Mrs L was sitting in the car and there she remained until Mr L drove her away.

 
I said to Mr L  ‘this is a surprise’ .  He said yes and can we come to an amicable agreement on a refund ……..

At first, Mr L was charmingly reasonable until he realized that he wasn’t going to get what he wanted which was when he began to threaten. 
He began saying that he had been to the ‘Tourist Bureau’ in Motril that morning and that they had advised him to take his complaint to the ‘Office of Fair Trading’.
 
This was quite staggeringly unexpected.   How on earth had we got to this point from a conversation that had begun that morning with a request for a replacement gas bottle?

After being threatened I sat down on the wall and told Mr L that I would no longer discuss the matter.  Ian refunded the 50 euros that we had taken for the heating and advised him to contact us by e-mail.    Mr L then changed tactics and reverted to being charmingly reasonable again but I told him that never would I hold a discussion with someone after being threatened.
Eventually, he left the Villa.

We had never before encountered a similar situation and to say that we were puzzled would be an understatement.    Nothing made any sense.

Once home I wrote this e-mail to Mr L. 

  Hello P,

We have just returned home after out unfortunate meeting at the villa.

On reflection, it appears clear that you had already made up your mind, perhaps as early as last night even, that you were not going to remain at the villa.   The fact that you had been to the Tourist Bureau this morning  and were threatening us with the Office of Fair Trade makes this abundantly clear.   

I adamantly maintain that  our electricity supply is perfectly normal  and adequate.
You said to me on the phone that ‘ all you wanted was to live like normal people’ and that you’ also wanted to be able to have ALL the electrical appliances in the villa on at the same time’.   I maintain that this is unrealistic and not at all normal.

The only reason your hot water in the bathroom ran out was that the gas bottle was empty and all we had to do was bring you a new gas bottle, which we did.
There was plenty of hot water in the en-suite bathroom by the way. This is run from a separate gas supply.

Yes, I admit that the water pump was sticking but Monday morning would have seen that rectified.   This is a Catholic country and all shops by law are closed on Sundays as well as Saturday afternoons  so not possible to replace the pump before Monday. 
There were no problems other than the afore mentioned and absolutely no reason for you not being able to stay in the villa.

I put it to you that you considered the villa not upmarket enough to impress your friends.   I put it to you that you cannot pay 100 euros per week rent and expect a modern 5 star villa.
I also put it to you that you had no valid reason to leave and therefore should not expect a refund.

The weather is about to improve, the wind has dropped, the temperature will rise considerably over the next few days and Tranquila is a wonderful place to relax and recharge the batteries. Breakfast outside on the terrace in the sun with that wonderful view is second to nowhere.

I do hope that you enjoy the rest of your two week holiday and you are always welcome to return to the villa during this time if you should so decide.

Best regards,


Mr L has since proceeded to fabricate a web of lies about our property in order to try to get us to refund his money, he has even resorted to libel. 

When I advised Mr L that we were going to consult a solicitor about his libelous comments he wrote this:
‘WITHOUT PREJUDICE.
We have consulted a solicitor and he tells us that it is not possible to pursue libel when a complaint has been made against unsatisfactory provision of services or goods.
One is perfectly entitled to register a complaint, just as one might against a hotel, restaurant or shop in such an event and the listing of those grounds of complaint does not constitute libel.
Also he says internet libel is extremely complex. Also actions across international borders are very difficult.

So he says you would probably be better to save your money rather than pay a solicitor.’

He obviously did not show the solicitor the e-mails that he had written to us and I am sorry that I cannot print the whole of Mr L’s libelous e-mails here,  I think that might be unwise.


It has taken a while but I think we have unravelled the puzzle.  
Initially I thought that Mr L perceived the villa to be not ‘upmarket’ enough to impress his friends but on reflection and after e-mails received and the behaviour of Mr L at the time, It has become quite clear that Mr L knew, before he arrived at the Villa,  that his friends, for reasons unknown to us,  had cancelled their one week’s holiday with him.   
This meant that Mr L no longer needed a three bedroomed villa and he definitely did not want to pay to heat it, the weather having been quite chilly for the previous week due to the freezing conditions in the rest of Europe.
Note:  The rent at 100 euros per week per couple is extremely low as usually not much heating is necessary and people can decide for themselves what heat, if any, they want.

Mr & Mrs L  did not buy any firewood that Friday afternoon and neither did they buy any provisions because they had already decided that they were not going to stay at the villa.

 But…. the only way that Mr L could possibly hope for a refund, was to ‘rubbish’ the villa and maintain that it was not fit for habitation which is exactly what he has been doing.

Mr L is now threatening… 
  ‘You shoudn't be allowed to continue with such a shambolic set-up.
I will do my best to have you stopped. After years in the industry we have many contacts and all those consulted so far are in no doubt that your property is a disgrace and should not be allowed to continue in its present state.’

But…...  in the latest e-mail he says……    

‘If you decided to send that reasonable refund the whole matter could be dropped.’ 

That ‘reasonable refund’  to which he is is referring is the 100 euros that his friends paid for their week in the villa.   
But we were not advised of their cancelation  and a last minute  ‘no show’  is completely unreasonable and absolutely nowhere would this qualify for a refund.

We remarked afterwards  that it did seem a little odd that Mr & Mrs L could just walk away from the villa without a thought as to what was going to happen to their friends who were due to arrive on the Tuesday.

 Yes,  perhaps most people would refund the money just to be rid of the situation but this is how people like Mr L  get on in life and never, ever is it a good idea to let oneself be blackmailed.

Mr L is threatening to ruin our reputation unless we give him a refund.  There is no doubt that this is blackmail.

If Mr L wants to take the matter further then we will fight him every inch of the way.

Note:   We have  been up to the villa and turned on all the appliances including the hair dryer and radiator and the supply did not trip.  This of course we are able to prove to anyone interested enough to want to test the supply.

Note:     The pump did not need replacing after all.  It just needed a minor adjustment which Ian would have been able to carry out that same afternoon had Mr & Mrs L stayed at the villa.