Hire car damage claim

[eniacs]

Hello;

Can anyone provide assistance with this?

I've had a damage claim from a popular hire car company from 6 months ago that amounts to £600. The dent is tiny and is almost not visible in the close up digital photo I have been sent.

I'm pretty sure I didnt do the damage as I only drove the car one way direct and then parked it up, no car parks or supermarkets where it is likely this damage was done.

The car on pickup had a lot of undeclared damage and I had to add this and sign the sheet, so it is likely that either I missed it at collection, or it was done after it was collected from me.

Many of my cars from this company (i travel a lot in hire cars - this is the first time of any issues in 5 years) are covered in damage but it is not marked on the damage sheet. It is like a lottery for the poor person taking the car to see if they can mark it all down without missing any tiny bits.

The dents are around 10mm long and there are 2 of them.

Many thanks in advance.

[des8]

Re: Hire car damage claim

Hi
When you surrendered the car at the end of the hire, was an inspection carried out in your presence and was the "new" damage shown to you? or was it dropped off away from hire firm's premises for them to pick up?
Can you either post up a copy of their T&Cs, or give a link to their website?

[eniacs]

Re: Hire car damage claim

des8;

Thanks for the reply.

The hire car was collected from my house. I was in the house, gave the keys and as usual the pick up driver had a glance round and drove off. The photos I have been sent show the car in their compound after having been washed.

T&C's here:
https://www.europcar.co.uk/files/liv.../CGL_EN_GB.pdf

[des8]

Re: Hire car damage claim

When the vehicle was collected were you given a check in document to sign?

How long between the completion of the hire and receipt of their damage claim? It appears to be 6 months!

What is the date on their invoice. Note you only have 14 days in which to challenge it before they charges it to your debit or credit card. (you may wish to cancel the relevant card!)

Did you have collision damage waiver, and if so what is the excess?

[eniacs]

Re: Hire car damage claim

Hi des8. Thankyou for spending your time on this.

I have never been given a receipt when giving back cars either when they are collected from my house or when returned to their compounds.

My employer hired the car for me, and so they do not have my credit card. They took about 3 weeks to send the damage claim in to my employers, who then took another few weeks to forward it to me. Since I did not do the damage I have replied only through my employer so far.

I received a letter a week ago at home however, from the hire company demanding payment in 7 days. However this has now passed of course as I wasnt home. But nothing has changed, I still say I did not do the damage and think the claim for the damage is ridiculous. I've now sent them a mail referencing the claim and reminding them I didn't do the damage and that loss of my business will be far higher than the claim value (do they operate on a common sense basis?!).

Anyway now I asume they will begin the debt collection process and possibly if they think they have a case proceed to claim the money from me through court.

The CDW excess amount is 500 and the bill for damage is just slightly over that with a load of fees on top this comes to nearly £600. The bill even states it is not for repair, it is to pay for their loss of value on the car.

[des8]

Re: Hire car damage claim

1), you were not the hirer (your employer is the one with whom Europcar contracted, although you as driver have to abide by the terms and conditions of the rental agreement) so IMO Europcar have no claim against you

2)they have failed to observe their own T&Cs regarding collection " You must be available to inspect the vehicle with us and to sign the collection paperwork when we come to Collect the vehicle"
as posted at https://www.europcar.co.uk/terms-and-conditions/specific-terms-per-country?countrySelector=termsandconditionsblocknew ele-44 . There was no paper work presented on collection. This paperwork would presumably be the same or equivalent as that used when returning the vehicle at an attended check in as per 11.2.2 of standard T&Cs

3)There is no proof the damage was not sustained after collection by Europcar's driver.

4) if they set DCAs upon you tell the DCA you are not the responsible for the alleged debt which is being disputed, and further action by them toewardsyou will be regarded as harrassment, and appropriate action taken.

5) most unlikely it will ever reach court as they a) will have difficulty proving liability & b) if they use solicitors to sue you they will be looking at costs in the thousands which they will not be able to recover.

6) need less to say, keep your employer in the loop!


As a matter of interest how do their charges stack up to £100? They must be quite imaginative!

[eniacs]

Re: Hire car damage claim

Hi Des8, thankyou again for your continued attendance to my problem.

1. I have thought the same thing, surely the employer is the one with the problem. However they have backed right out and said I am on my own and the agreement for the excess is signed by me when I accept the car (I can send you the invoice with the excess agreement if you like by email?). If it ever went to court, I was thinking to claim the money back from my employer as a cost from travelling through small claims. They have now after the event increased the insurance to ensure this does not happen again. In my opinion if this were any other machine rented for me in the line of my work, I would not be liable if some fraudulent company said it had been damaged while I was using it.
I only asked of my employer that they accept some responsibility for this, they could at least give me some assistance to fight this. Surely I dont need to get a £600 bill from every company they contract to help me do my job.

2. That is interesting, I have had receipts with other more reputable companies befor and thought they were better run, I wonder why I never get them with this company.

3. A point I argued with them in the first contact I had, this was ignored by them of course.

4. Thanks I have researched DCA's and informed the wife how to get rid in case I am not there. It all feels rather wrong that I have to defend myself in this way, having done nothing wrong.

5. This I assumed as well, its just added stress I dont need (I'm sure everyone says this, and I feel the majority would be paying up about now as well).

6. Its no coincidence I am looking for a new job...

[des8]

Re: Hire car damage claim

I think your contract of employment might need looking at!!
Your employer hired and paid for the car for your use and regardless of him trying to back away, the contract will be between him and Europcar. When you signed for the car and the excess you did it as an employee, ie acting on behalf of your employer and so he would still remain liable.
At least that is how I would be arguing.
I would just tell them to take a running jump: 1)you had no contract with them; they are chasing the wrong person
2)they did not follow proper procedures
3)there is no proof the damage did not occur subsequent to the vehicles collection

Don't enter into any dialogue, tell them the position and any further communicatios will be regarded as harrassment (as they are trying to collect a debt which is not owed)

[eniacs]

Re: Hire car damage claim

I have a very basic contract of employment. Nowhere does it state that I will be required to pay for damages to any machines hired for me in work.

As I say, I have already asked for some common sense from the hire car company, no response so far. I will come back with any response if it is interesting, if not, I will go the route you have suggested.

Many, many thanks

[eniacs]

Re: Hire car damage claim

No common sense allowed surprise surprise. Passed onto solicitors to try and reclaim monies.

[des8]

Re: Hire car damage claim

now wait and see then.
Probably a template letter threatening all sorts of things on a "might" or "may" basis and possible court action.
But I still think they are chasing wrong person and any court will throw it out as your employer hired and paid for the vehicle, and there is no proof you damaged it.

[eniacs]

Re: Hire car damage claim

Quick reply to this one is they gave up. Or at least I havent heard from them for over 7 months. Thanks for assistance