[Duma]

Neil has posted on FB in the last day as well so not responding to people who've paid you is pretty close to theft I'd say.

[Lund]

Probably forgotten his email username, give the guy a chance!

[dave]

Good that's he's keeping busy anyway.

[SA Chris]

hmmm

[LaurenG]

Hello - someone on 'the other channel' sent me the link to this forum. I am one of those owed money from a cancelled stay at Maisonbleau, about £300 in my case, there are others owed up to £750. Can someone that knows Neil personally find out when we are going to be reimbursed? I understand he is in a difficult position personally but it has been a few months since I was promised my refund, and it's a lot of money to be out of pocket by. I'd like to assume the business account was kept separate and our money is sitting there somewhere....

[monkoffunk]

Have you tried contacting him on facebook as well? He has been reasonably active in the last few days and weeks.

https://www.facebook.com/neil.hart.37?fref=ts

[LaurenG]

Have you tried contacting him on facebook as well? He has been reasonably active in the last few days and weeks.

https://www.facebook.com/neil.hart.37?fref=ts

Yes, I've sent him a message via messenger, but as we're not Facebook friends he might not see it - also posted messages to the Maisonbleau Facebook page, and pm'd that, and sent him a message on his photography website..... Emails to the Maisonbleau website bounce back.... Hence me trying ukc and ukb!

[Will Hunt]

There seem to be a few people on here who know Neil personally. Might this be the time to give him a nudge to offer these people at least an explanation, an apology, and hopefully a timescale within which he will seek to reimburse them? It's all looking a bit dodgy to the casual onlooker.

[monkoffunk]

Looks really dodgy. Stayed out of it because I don't really know the guy, but was surprised to see all this kicking off after staying there in Feb and having a great time! Neil seemed like a nice guy, and sounds like going through 'something' but can't see what would justify this. Surely refund the money and then get back to the serious shit of eating venison and hanging out with James Pearson?

[James Malloch]

There seem to be a few people on here who know Neil personally. Might this be the time to give him a nudge to offer these people at least an explanation, an apology, and hopefully a timescale within which he will seek to reimburse them? It's all looking a bit dodgy to the casual onlooker.

+1

Lauren, who posted here, has said on the other channel that a number of people affected are looking at ways to take this further should a response not come from Neil soon. I imagine it would be best for all parties involved if this was addressed before it became a legal matter...

[a dense loner]

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

[LaurenG]

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

Why would he say we're owed a refund then?

[ferret]

Hopefully one of Neils friends will see this and tell him to sort it out before he winds up looking like a proper tool.
Neil's had a few climbing related businesses, if he wants to have more in the future making sure your not labeled "that guy that ripped off a bunch of climbers holiday money" might be worthwhile. Small community and all that, besides right thing to do no?

[a dense loner]

Why? I have no idea. All I'm doing is pointing out the possibility of what could happen

[tomtom]

Lauren - did you pay via credit card? If so a refund via them is always an option.... (I've done it before and was relatively painless)...

[dave]

Neil's had a few climbing related businesses, if he wants to have more in the future making sure your not labeled "that guy that ripped off a bunch of climbers holiday money" might be worthwhile. Small community and all that, besides right thing to do no?

This.

Another option for getting you money back is travel insurance, assuming folk were not too tight to get some in the first place.

[LaurenG]

Neil's had a few climbing related businesses, if he wants to have more in the future making sure your not labeled "that guy that ripped off a bunch of climbers holiday money" might be worthwhile. Small community and all that, besides right thing to do no?

This.

Another option for getting you money back is travel insurance, assuming folk were not too tight to get some in the first place.

No - paypal for the deposit and bank transfer for the remaining funds unfortunately....

[petejh]

Good that's he's keeping busy anyway.

  - sportiva genius's on Windows of Perception, he must have toes of steel!

[Paul B]

Didn't the text surrounding that image say he couldn't keep up with his 16 year old self? Nothing to do with the lack of a good edge... 

[shark]

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

Why would he say we're owed a refund then?

Why? I have no idea. All I'm doing is pointing out the possibility of what could happen

As Dense indicates the first step is to establish whether you are dealing with a limited company or someone running the business in their own name (typically as a sole tradder)

If payment was made to a limited company account that is now insolvent then you pursue the debt with the Administrator. Limited company means limited financial liability ie the responsibility is largely with the company as an entity not the Director running it unless the Director is proved culpable of transgressing company law. It is not illegal to go bust. If the company is not insolvent then you are best pursuing via a solicitor who can take actions such as issuing a winding up order - however the costs means this is only worthwhile if the debt is in the £1000's.

However, if it was a business and account run by someone in their own name then that person is liable and the debt can be pursued with them personally most likely through the small claims court requiring you to prove the debt and liability. www.gov.uk/make-court-claim-for-money/overview

I have no personal experience of following the small claims legal process but it is apparently not as onerous as it sounds.

[SA Chris]

So is the gite sold then?

[Lund]

Would French law apply?

I know that the french have different laws in this area - sometimes harsher.  You can be put in prison for a bouncing cheque for example?

[LaurenG]

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

If it's closed will he not have just folded the company? N if it's ltd he'll owe no one anything.

Why would he say we're owed a refund then?

Why? I have no idea. All I'm doing is pointing out the possibility of what could happen

As Dense indicates the first step is to establish whether you are dealing with a limited company or someone running the business in their own name (typically as a sole tradder)

If payment was made to a limited company account that is now insolvent then you pursue the debt with the Administrator. Limited company means limited financial liability ie the responsibility is largely with the company as an entity not the Director running it unless the Director is proved culpable of transgressing company law. It is not illegal to go bust. If the company is not insolvent then you are best pursuing via a solicitor who can take actions such as issuing a winding up order - however the costs means this is only worthwhile if the debt is in the £1000's.

However, if it was a business and account run by someone in their own name then that person is liable and the debt can be pursued with them personally most likely through the small claims court requiring you to prove the debt and liability. www.gov.uk/make-court-claim-for-money/overview

I have no personal experience of following the small claims legal process but it is apparently not as onerous as it sounds.

That is really useful information - thank you.  It looks like I paid into a personal UK bank account from the details I was provided with, so the small claims court would be the best option.  This is going to be my last resort, hence me posting on here, so hopefully we will be contacted by him soon to save going down this route....

[Will Hunt]

Hopefully one of Neils friends will see this and tell him to sort it out before he winds up looking like a proper tool.
Neil's had a few climbing related businesses, if he wants to have more in the future making sure your not labeled "that guy that ripped off a bunch of climbers holiday money" might be worthwhile. Small community and all that, besides right thing to do no?

Regardless of whether there is legal liability or not, I think the point that Ferret makes is the most pertinent. It's a question of reputation. A brief glance at Neil's social media indicates he is still looking to make a living in the world of climbing and it would be beneficial to come out of this untarnished. Shit happens and if Neil is broke then he's broke, but if I was one of the out of pocket people I'd be much more inclined to move on if I'd had reasonable communication about the matter. Ignoring the emails of people who have lost their holiday money, after he has committed to reimbursing them, doesn't come across well, especially as it will make travel insurance claims more difficult if the insurer is aware that a promise of reimbursement is still hanging in the air.

[SA Chris]

Regardless of whether there is legal liability or not, I think the point that Ferret makes is the most pertinent. It's a question of reputation. A brief glance at Neil's social media indicates he is still looking to make a living in the world of climbing and it would be beneficial to come out of this untarnished. Shit happens and if Neil is broke then he's broke, but if I was one of the out of pocket people I'd be much more inclined to move on if I'd had reasonable communication about the matter. Ignoring the emails of people who have lost their holiday money, after he has committed to reimbursing them, doesn't come across well, especially as it will make travel insurance claims more difficult if the insurer is aware that a promise of reimbursement is still hanging in the air.

He must have a twitter account surely?