Sixt van hire damage charge

[des8]

There's no point paying until you feel you absolutely must.
There's a protocol they should follow.

Regarding the claim they still have to show their loss ie the actual cost of repair or the actual loss of value of the vehicle

[n20998]

Thanks des8. The alternative I was thinking would be paying up then starting a small claims court claim for breach of contract, unfair terms and not following their own terms etc.. Foolish? Or would now be the right time to make an offer?

[des8]

I wouldn't pay and then try and recover because by paying you indicate liability.

If you are prepared to pay a sum you can always make an offer, but make sure it is headed "without prejudice" so if it goes to court they cannot use your offer as an admission of liability.
However I would be waiting until I received a "Letter before claim"

[Manxman]

Sorry to return late(?) to this. I suppose I agree that you may as well wait to see if they make a small claim against you. For £1600 I suspect they will.

I think the problem you have is that you basically do not deny causing the damage*. And looking at the photo you've provided, I wouldn't be surprised if it did cost £1600 to repair. If I were you I'd go to a couple of bodyshops, show them the photo of the damage and ask how much it might cost to repair. Nothing to lose by asking, and it might help you knock down any claim that turns up.

The other thing I pointed out earlier (and this is just to prepare you in case) is that they might also claim for any loss of profit on the van while it's off the road being repaired. Depends whether they can support that claim with evidence. (eg proof that on average the van earns them £50 profit per day). That loss is as a result of your negligence damaging the van - it's got nothing to do with any contract T&Cs.

If they do make a claim, challenge them to provide proof of all their claimed losses. And there's nothing to stop you making an offer if they do claim.


*I know this is too late, but if you find yourself hiring a vehicle again and you don't fancy your chances of extricating it unscratched from where they've left it, tell them to move it - they left it there.

[n20998]

Thanks, that is helpful. Absolutely right about asking them to move it!

I haven’t done anything and waiting to see if they do instruct solicitors and if I hear from them. I left it by asking them what they’ve done with the van and to prove what it had cost to repair and have been ignored...

[n20998]

So…they did instruct solicitors. I’ve had quite a bit of back and forth mainly due to mistakes and errors in the letters they send and then subsequently ignore when I point them out.

Anyway, I offered £250 without prejudice which they’ve rejected but came back and said they would accept £500. I’m tempting to accept and get them out of my life. What wording would I need to ensure is included in any agreement? A long time ago I did some F&F settlements for debts but I’m not sure this is the same?

I’m still frustrated that they are ignoring the lies about CCTV footage and refuse to say what they’ve done with the van and what their actual loss has been (solicitor still says they can take me to court using the estimate based on Sixt’s T&Cs.

Any thoughts would be much appreciated.

[islandgirl]

For me in this position it would be accept the £500 payment and send a cheque with the words "in full and final settlement of all matters between us if you do not agree do not bank this cheque but return it to me" on the back and in the covering letter. Photograph the cheque and keep a copy of the letter and cert of postage. Normally I will fight but I think in this case it will be a lot easier to get rid of than to engage in battle.

[des8]

ditto as islandgirl.
Don't underestimate the amount of stress of even a small claims track court fight generates

[DE DOGS]

For me in this position it would be accept the £500 payment and send a cheque with the words "in full and final settlement of all matters between us if you do not agree do not bank this cheque but return it to me" on the back and in the covering letter. Photograph the cheque and keep a copy of the letter and cert of postage. Normally I will fight but I think in this case it will be a lot easier to get rid of than to engage in battle.

Inclined to agree, I would settle and not haggle, and write it off as a bit of a lesson, looking at the damage and from previous experience, they have let you off light as that damage is a bad repair.