Car hire deposit

[CleverClogs]

Re: Car hire deposit

If you map out the points in order, on the 10th, it's a bit of a pointless route, unless you were just burning about the streets showing off the lambo

Or he could have been "levying distress" on alleged debtors for Equita. :grin:

[patelmas01]

Re: Car hire deposit

Hi All,

Wanted to inform you of two updates:

1. The Credit Card company has now taken £2,000 from my account and paid it to the Car Hire Co. They claim they have no option in light of the evidence and have asked me instead to pursue my s75 claim through the Ombudsman.

2. The Car Hire Co. has issued (through their lawyers) a claim at the Small Claims Court for an unspecified amount, limited to £5,000. I have attached the claim form and particulars. Would anyone please assist and advise me onhow to defend the claim and maybe issue a counter-claim. I am furious that they have just has £2,000 taken from me and now they want to completely screw me over in Court.

I am attaching Jpeg's of their claim form in the following posts.

I am very grateful for all your advice.

Regards

Pat

[patelmas01]

Re: Car hire deposit

more

[patelmas01]

Re: Car hire deposit

more.

[wales01man]

Re: Car hire deposit

What damages?they got at the moment your 2 grand what on earth are they after more for

Unfortunately this will end in court you need advice from a Solicitor on fighting this and counterclaiming

[MissFM]

Re: Car hire deposit

Hi patelmas01

This is crazy!

As has been said, you are accused of a criminal offence for which no verifiable evidence has been provided - anyone can type out a chart like that - and are being pursued for damages when there is no damage or loss.

NatWest Bank has no jurisdiction to decide whether or not you have committed the criminal offences of which you are accused yet they have taken it upon themselves to pronounce you guilty.:nono:

And where does this extra £4,000 come from?

As Ame says above, it's virtually inconceivable that you could have achieved those kinds of speeds in an urban area without being detected by the police.

The only way the hire company could justify the enforcement of that penalty clause would have been if you had been caught and convicted of driving unlawfully according to the laws of the land - and looking at their charge sheet you almost undoubtedly would have been if their unsubstantiated "evidence" had any foundation in fact.

You do not have to prove your innocence and you are not on trial.

In your shoes I would defend and counterclaim for the stress and defamation (if that's possible in a small claims court - others will advise) and for all your costs.

If you use a solicitor, (I would, to be on the safe side) make sure it's an absolute shark!:flame::mad2:

[ostell]

Re: Car hire deposit

In may be a bit simplistic but they are claiming for a loss. What loss have they suffered because of the actions?

[patelmas01]

Re: Car hire deposit

Thanks for the comments guys.

I would appreciate some guidance on the points of law to put in my defence. Also are there any good solicitors I can
approach, though I understand I can't claim my legal fees even if I win , so will that not leave me out of pocket?

How should I do this? I'm so inexperienced that I would appreciate some guidance. I can do the forms etc but its the finer legal points I want to get help on, both for my defence and my counter claim

Many thanks.

[ostell]

Re: Car hire deposit

I notice that they are saying that because of the alleged breach of the contract they are charging a penalty. I don't pretend to be a lawyer but can a private company actually issue a penalty? Ask them to detail the losses they have suffered because of the alleged breach.

[wales01man]

Re: Car hire deposit

How big is this company are they one of the Major car hire firms?

[patelmas01]

Re: Car hire deposit

How big is this company are they one of the Major car hire firms?

Not a major firm at all.
They are a small, local firm. 3-4 employees at most I presume. When you go to their offices you meet the owner/Directors yourself.

[des8]

Re: Car hire deposit

If a contract is breached all the injured party can claim are the damages caused by that breach.In British law you are not entitled to profit from a breach.
However now a days there are often attempts to insert a liquidated damages clause into a contract whereby a pre-agreed amount will become payable as a result of a particular breach of contract. However, even these clauses are not straightforward or even definitely enforceable & these clauses need to be a genuine pre-estimate of any loss suffered as a result of the breach in question.

[ploddertom]

Re: Car hire deposit

Not often I venture into these types of discussions but to add my two pennorth I would ask did they point these particular points of the Contract out before it was signed.