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Wasaga Beach visitors/cottage renters BEWARE!
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| Pasta |
I'm fuming right now! :mad: Please read this, no matter how much I type and long it gets, please read this and understand it thoroughly. If you go to Wasaga Beach and rent cottages/motels when you visit, please read!
This past long weekend I planned a trip to Wasaga with 10 other friends. We booked a place called Villa Nova Motel & Resort, right on Mosley Street. Seemed like a good location and all, and it was a decent cottage we rented.
I originally booked 1 part of the cottage for 7 people, but then 10 people decided to come up, so I called them back to up the cottage space to 10 which moved us into the larger section of the cottage (there's 3 seperate parts).
The owner informs me he charges per person, no problem I say. I informed him we would be split up, 6 would be coming up on the Friday and 4 others the Saturday, he says no problem. So, I'm assuming, as any person in their right mind would, think he is charging 6 for the first night, 10 for the following.
I received my credit card bill today and it says on it;
June 14th - Villa Nova Resort: $523.25 (the deposit)
July 5th - Villa Nova Resort: $1,086.75
Total: $1610.00
I'm no ing mathematician nor did I do good in high school math, but;
$70 x 6 ($420)
+ $70 x 10 ($700)
+ tax ($168)
doesn't equal $1610.00!
I'm a very calm person and do not freak out on anyone unless it's an insult towards me. So I relax after seeing the numbers on my bill and call him up. So here is the conversation breakdown:
Pasta: Hey Tony, how are you, it's Marco from this past weekend.
Tony: Hi, yes I know. (I guess he has call display)
Pasta: I just got my credit card bill in and I noticed that the price is higher, it's about $400 over.
Tony: No, because I charged you for the 10 person cottage for 2 nights.
Pasta: Yes, but we only had 6 there the first night, and then there was 10 for the Saturday.
Tony: Correct, but I still have to charge for the space.
Pasta: But you said that you charge per person, not by space. You said I could put as many people as I wanted in there as long as they paid individually.
Tony: Ya, but I mean you still have to pay for the 10 person space, you knew you had that space.
Pasta: I know I had that space but you told me you charge person and I told you before we came up there would only be 6 for the one night and 10 for the following. You talked to each of us on Friday and then the other 4 on the Saturday.
Tony: I know but that's what we agreed on (no we never did, I just signed my credit card bill while there, I don't consider that agreeing on a scam). You have to work it out with your friends on how much to pay, it has nothing to do with me. I know you guys were good kids here you didn’t cause any problems at all but that’s what we agreed on.
Pasta: Well if you were charging me for a 10 person cottage and you knew I only had 6 that night you could very well of rented it to someone else for 1 night only.
Tony: But that isn’t fair, and not healthy. When you go up with your friends it’s like your family, ya know.
Pasta: I understand but my point is that if I knew you were charging me for 10 I would asked for 4 more bracelets to enter the building (because he was so tight with letting visitors in ALL DAY, no visitors allowed at any time) or told you that you could rent it out for 1 night, understand what I mean?
Tony: I know but still, that’s what I told you before. We agreed on 10 person.
Pasta: OK thanks, then. Bye.
That wasn’t the exact conversation, I just compressed it. I actually called twice to figure it all out and see what we can do about it, but still he said the same things and never gave me a chance.
This afternoon I contacted my credit card company and consumer reporting. Both have told me that they cannot do anything about it since I did sign papers, the only thing to do is take him to court. I could probably win in court, especially if I have him on a recorded message saying "we charge per person" and other things that he mentioned to me in the beginning. So anyways, for all those people going to Wasaga this summer or whenever, please, do not rent it out from these people! |
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| amb_ |
| Are they a member of the local chamber of commerce? If so, a chamber will usually have a dispute resolution process. Worth a shot. |
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| Marcus007 |
| You could bring him to small claims court and probably present your case by yourself sans lawyer. That's also worth a try. :) |
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| Pasta |
amb_: I emailed them today, we'll see what they say.
Marcus007: I don't know if it's really worth it all. Even without a lawyer, I don't have much evidence since everything we discussed was verbal, the papers I signed were the agreements, not very clear agreements but none-the-less. |
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| Irishaddict |
[email protected]
That's the e-mail they advertise for tourists. Perhaps e-mailing your concerns to the administration of Wasaga might gain you some headground. At the very least, your complaint would be on record with them and therefore a strike against the motel.
Hope this helps a little - I know I would be super pissed as well. |
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| Pasta |
| quote: | Originally posted by Irishaddict
[email protected]
That's the e-mail they advertise for tourists. Perhaps e-mailing your concerns to the administration of Wasaga might gain you some headground. At the very least, your complaint would be on record with them and therefore a strike against the motel.
Hope this helps a little - I know I would be super pissed as well. |
I'll give that a shot after I hear what the Chamber has to say. Thanks! |
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| amb_ |
| quote: | Originally posted by amb_
Are they a member of the local chamber of commerce? If so, a chamber will usually have a dispute resolution process. Worth a shot. |
http://www.wasagainfo.com/publish/m...ccoms-m-z.shtml
They are a member, according to the CoC's member list. |
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| Irishaddict |
| quote: | Originally posted by Pasta
I don't know if it's really worth it all. Even without a lawyer, I don't have much evidence since everything we discussed was verbal, the papers I signed were the agreements, not very clear agreements but none-the-less. |
This is the beauty of small claims court. You're not there to 'prove beyond a reasonable doubt' your claim. The judge simply has to believe you more than he believes the owner of the motel (basically - whoever has the more 'plausible' story). And my guess is that if you have 9 other friends to back up your story you look a hell of a lot more plausible. Also, Wasaga is known for its tourism and pretty much anyone owning property out there is out to make a quick buck.
It's only 50 bucks to file in small claims court (provided your claim is under 5k) and you get reimbursed for that if you win (just remember to sue for what you're out PLUS court costs). And - he won't be able to form any kind of counter-argument against you (yeah, there are sneaky bastards like that out there) in a monetary sense because you cannot sue for lost wages in small claims court.
I'd say it's worth a shot. :)
**EDIT: I sued an ex-landlord for keeping my security deposit AND for a section of the TPA that he was 'disturbing my reasonable enjoyment' by entering the property without 24-hours notice. I didn't have video-recording of him entering or anything, but I saved all the e-mails that said "I'll be there @ 8 am" when they were sent at 11 p.m. the previous night. So, if you e-mail these people save copies and their replies if you decide to sue. I was even surprised at how much they helped me out. |
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| Pasta |
Thanks guys!
Irishaddict: I would have to go there to do the court stuff right? |
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| VERTiG0 |
Throw a in' brick through his front window.
Problem solved. |
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| [NFC]Wave |
| ^ ROFL! Go Cale go! |
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| Irishaddict |
| quote: | Originally posted by Pasta
Irishaddict: I would have to drive there to do the court stuff right? |
Yeah that's the ty part :(. You have to file in the jurisdiction of the person being sued. Once you file your claim, you'll get a response from the courts to which you are given a set time to then serve the other party (usually 10 days). Most people do this by registered mail (costs about $2.50 I think) and that just basically means that the other party has to sign for the mail, thereby proving they did receive it. (You CAN drive the papers up there and hand them to yourself if you're really paranoid about him getting them - but registered mail is efficient.) After they are served they have to respond to the court and then a hearing is scheduled and both parties are made aware of it.
My biggest advice for filing a claim in small claims court - DO YOUR HOMEWORK. Read how to fill out the forms correctly and don't think anything is too insignificant to read.
There's no 'FOR SURE' ways to win in small court. Here are some ways that will help though:
- Dress up. Wear conservative, clean clothing in good repair. You do not need to wear expensive clothing, but you are in court. Show the proper respect and you will get respect. Dress your best. Be well groomed. Clean your finger nails. Get rid of the giagantic slutty press on nails. Get rid of the piercings, the purple hair and the leather, biker look or the grubby look. Dress as if you are going to church.
- Prepare in advance. Consider writing down all the points you want to make so they are clear and in a logical order. You will not be permitted to read the list, but you can use it as a guide to ensure you cover everything.
- Bring all your evidence with you. Gather all the documents relevant to your case, including cheques, invoices, receipts, photographs, expert reports, contracts, warranties, broken objects or whatever is needed to show your losses and establish what the loss is worth in dollars as best you can.
- If you wish witnesses to be heard, bring them with you. Do not coach them or give them memorized speeches. Simply ask them to tell what they know in their own words about the matter. The judge can and probably will question them and you.
- Take your time. Speak clearly, slowly and be direct. Tell the court what damages you have suffered and what they have cost you. Be prepared to prove the damages with receipts, estimates, photos or other proof.
Also - STUDY JUDGE JUDY:
As repulsive as she is, Judge Judy provides a good example of what to expect in any Small Claims Court although few judges are as sexist, obnoxious, arrogant or rude as that meglomaniac. Perhaps all that plastic surgery has affected her mind too. Watch several of her shows. Watch how the witnesses present their evidence and what happens to those who are not prepared or talk over the other party.
God I hate Judge Judy.
:) |
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