Damage to a hired vehicle with existing damage.

[EDW]

I hired a van which was already scratched when I collected it.

The paperwork shows scratches before I drove off.

I added a scratch to the wheel arch area and fessed-up when I returned the van.

They want me to pay for the repair, I have refused.

They have said pay half, I refused.

They have not repaired the van so have lost nothing financially at any rate.

I intend to defend in small claims court.

Does anyone have any case law regarding

1. existing damage

2. claims where there has been no financial loss (this might be a penalty clause case but I doubt it).


I expect that they will get most of the van repaired before they sell it ('defleet') later this year.

Thanks for reading.

[enquirer]

Re: Damage to a hired vehicle with existing damage.

It's a typical hire company scam.

I assume from what you say that they have issued a Claim against you. Write, inviting them to submit a full damage report and detailed quotation for repair. Make it clear that they must separately list damage caused by you.

If they refuse, they will appear unreasonable (expecting you to simply pay whatever they say, without evidence), and their evidence will be tainted.

Did you take any photographs at the time? If so, these would be useful. If not, you could still get a rough written estimate from a local repair shop. Hopefully, that will show their pricing to be well over the odds.

[EDW]

Re: Damage to a hired vehicle with existing damage.

No claim issued yet. Their debt collectors sent me a letter I replied denying the debt in total.

To clarify, the wheel arch and and much of the surrounding panel was scratched, but yes I made it worse.

Estimate is five hours labour and £112 for paint - seem like a lot to me.

A local shop said to repair whole wheel arch and panel was about £250.

I have photos of the existing damage. Looks like there were two separate accidents before I hired.

I really need to check case law. I wonder if Chitty has anything.

I made a without prejudice offer of £70 which they have rejected.

I have told them I am prepared to undergo mediation as part of county court ADR.

[Tools]

Re: Damage to a hired vehicle with existing damage.

Who are the DCA's?

[EDW]

Re: Damage to a hired vehicle with existing damage.

Who are the DCA's?

As I have denied the debt they cannot contact me again so that is not really relevant, they have a licence, i checked.

[enquirer]

Re: Damage to a hired vehicle with existing damage.

As I have denied the debt they cannot contact me again so that is not really relevant, they have a licence, i checked.

Oh they will, they will ...

[Tools]

Re: Damage to a hired vehicle with existing damage.

I agree with enquirer, they will, most DCA's are full of BS. Do not be fooled by their lies.

It was relevant as some send more BS than others. If you would rather not post the DCA's name on the thread then please PM it to me.

[EDW]

Re: Damage to a hired vehicle with existing damage.

I have emailed the DCA and denied the debt.

I really need help with case law, I had better hit lexus.