Civil Claim

Kevhog1988

I work for a small family construction firm as a contracts manager. As part of my job i have to book accomadation for the guys on my contracts. two weeks ago i booked a hotel room for a guy who we then p45'd on the following friday. Yesterday ive had an email come through that he had been smoking in the room i booked uner his name and due to the fact that he has not responded to the letter they sent him stating they were charging him £150 they said they re now forwarding the costs to me. They are forwarding correspondences to me addressed to "joe bloggs" (the other guys name). Can somebody give me some guidance on this. I have emailed back twice stating that the name they are sending on an attachment is not me and that i cannot offer a response on joe bloggs behalf.

ohnonotgmail

you booked the room on your workers behalf. presumably that means the contract is between you and the hotel. you might have a claim against your ex-worker but i think the hotel is right to be going after you.

Kevhog1988

ohnonotgmail wrote: »

you booked the room on your workers behalf. presumably that means the contract is between you and the hotel. you might have a claim against your ex-worker but i think the hotel is right to be going after you.

Me personally rather than the business?? All correspondences have been addressed to the former employee.

ohnonotgmail

theemigrant wrote: »

Me personally rather than the business?? All correspondences have been addressed to the former employee.

the business

coylemj

Who paid for the room - the original accommodation charge?

Kevhog1988

coylemj wrote: »

Who paid for the room - the original accommodation charge?

It was paid by the company. On the company credit card

coylemj

Let them keep chasing the former employee - no skin off your nose. Stop replying to their e-mails.

However if your company paid for the room, it could follow that the company is responsible for any damage that arose while the guy was staying there but I'd discuss that with your employer's lawyers.

Kevhog1988

coylemj wrote: »

Let them keep chasing the former employee - no skin off your nose. Stop replying to their e-mails.

However if your company paid for the room, it could follow that the company is responsible for any damage that arose while the guy was staying there but I'd discuss that with your employer's lawyers.

They are now commencing to chase me by emailing me letters addressed to him and then ringing me and sating i need to pay... when i ask under what law they are seeking to prosecute etc they go quiet

coylemj

theemigrant wrote: »

They are now commencing to chase me by emailing me letters addressed to him and then ringing me and sating i need to pay... when i ask under what law they are seeking to prosecute etc they go quiet

Tell them you have forwarded the e-mails to the former employee but for data protection reasons you can't give them his e-mail address or present location and that if they continue to harass you, you will report them to the Gardai.

Kevhog1988

i had sent this email last week


Fao: xxxxx.

x,

y has made contact with yourselves today . He has requested that if you wish to make a claim against him that he would prefer if you pursue this through the court as per his phone conversation with yourselves. As per his discussion there is no evidence of cigarette ash on the window sill. (i would be of the same belief). There is an empty tobacco cigarette box on the table which another operative took the pouch and papers from before leaving the travelodge to complete his days work. y does not smoke and therefore would not allow anyone else to smoke in the enclosed space of a travelodge room.

Going forward y's details are

Phone: xxxxxx

Postal xxx


I trust that in light of this information there will be no need for future correspondence with myself.

Kevhog1988

I then received a letter that they had no record of speaking to him and were pursuing me so i sent this in reply

Fao: xxxx.

x.

Thank you for your letter dated 1st May 2015. In your letter you state that you did not receive a call from y on 30th April 2015. I personally witnessed y Make the call to your claims advisor. As i have outlined in my previous email (see email chain below) y has requested that if you wish to pursue the case further you should pursue him through the courts. his contact details are again:

Phone: xxxxx

Postal Address:
xxxxxx

As i have furnished you with y's contact details twice i would respectfully ask that any further correspondences be forwarded direct to y as per his phone request and as per detailed in my email of (date). There is no need for me to receive any further correspondences pertaining to this matter. I have brought this matter to the attention of my m.d who has instructed me that he believes the constant correspondences after we have issued yourselves with the necessary information is bordering on harassment and has instructed me to invoice for any further time spent dealing with a matter which he feels i have responded to in a timely manner.

simonw

You should probably remove the names from those posts

Kevhog1988

simonw wrote: »

You should probably remove the names from those posts

I thought i had

coylemj

Stop replying to their e-mails. If you feel that you are being harassed, get your lawyer to write them a mildly threatening letter but as this involves a claim against you for €150, you really need to adopt a tactical rather than legal approach and in my opinion that involves simply ignoring them.

The_Minister

Can they really apply a flat, fixed penalty like that where there is no damage suffered?

(Asks he, too lazy to dig out his contract notes)