Challenging Europcar

[Distressed1]

Hi,

I was provided with a hire car for free by RAC through Europcar.

I called and arranged to have the car collected at the end of the agreement. Call recorded. They failed to collect the car. I rearranged. Call recorded.

This was over the Christmas and New Year period.

They extended the hire period for free as they could not collect it.

After the free hire period was over, numerous attempts made me to have the car collected which they failed to do, but now they wanted to charge me for it. Every call I recorded as I had reviews about Europcar shady behaviour.

Eventually the car was collected, and as expected they attempted to bill me for the days they failed to collect the car. I emailed them and refuted the charges. I knew they would try to charge my card, so I froze my card.

Of course now the legal team are trying to collect the fees. So how do I compose an email that tells them I have proof of their failings to collect the car ( the call recordings which were all recorded with consent), and they are outrageous for attempting to charge me for their failings? Also how do I tell them I will counter sue, and for what apart from harassment as car rental companies do not seem to be regulated.

[echat11]

I would write a full summary, in the summary, write dates, transcribe who said what i.e.,

I said 'I would like the collected on such and such a date, I will be at home',
Europcar said 'we can't collect it until........... etc'

So there is no outstanding monies to Europcar.

Tell them if you receive any further correspondence from Europcar or their agents, you will consider it as 'harassment' and will consider taking legal action against Eurocar under the Prevention of Harassment Act 1997.

You could mark it as a Formal Letter of Complaint, send it to the CEO of Europcar.

Ron Santiago
Managing Director
Europcar

ron.santiago@europcar.com

[atticus]

You seem to have written the story quite clearly already. I do not doubt your ability to put what you have already said into a letter.

I do not presently see the basis on which you can bring a counterclaim.

[Distressed1]

Thank you so much EChat11 for the directions and address

Do I really need to transcribe the calls and give away my evidence prior to any court case? I would have thought it was sufficient to say I have call recordings demonstrating they have failed to adhere to collections times as promised?

[Distressed1]

Atticus, I did not want to say something I should not, if for example they take it to court and use it against me. I know sometimes you have to be careful
with wording which I asked for advice.

As for a counterclaim, for them to persist writing to me making demands for money I do not own would amount to harassment I assumed. Also, to try to make someone pay for something they do not owe is surely against some legislation.

[atticus]

Possibly, once you have made it clear that you dispute the claim and why you dispute it. But it is not harassment to assert a legal right that you believe you have.

My own view is that complaints of harassment should be used if there is persistent correspondence that does not take any account of things you have said, e.g. a credit control system that seems to be on autopilot. It is a question of degree.

NB one letter cannot be harassment: for there to be harassment there has to be a course of conduct, and section 1 provides various defences and instances when certain conduct may be justified.

[echat11]

Thank you so much EChat11 for the directions and address

Do I really need to transcribe the calls and give away my evidence prior to any court case? I would have thought it was sufficient to say I have call recordings demonstrating they have failed to adhere to collections times as promised?

I personally would want them to know there are facts behind my assertions that 'no money' is owed. You can summarize the conversations.

I don't know how much they have 'harassed' you regards 'collection of money', there would have been several letters etc before their legal department took over. You can only say so many times you don't owe the money.

The thing is the conversations you have taped (your evidence), they might have the recordings too.

Organisations generally tape conversations to improve customer service. Send them a SAR requests for the time and day of your calls.

https://www.5rb.com/case/ferguson-v-...s-trading-ltd/

[atticus]

It is worth looking at the facts of the Ferguson case, particularly in a more detailed report.

[Distressed1]

Atticus- Good case the Ferguson one.

I have emailed them and informed them of the facts and their failings and to not contact me again unless it is with court papers, otherwise I would deem it harassment.

Echat11 - I very much doubt they have the recordings as this is way back in December. Also I will not provide them with dates and times of the calls. They have nothing, I have the upper hand and they need to know that, because if you read the reviews of this company you will be shocked at their treatment of customers. I was not even a paying customer and they tried to swindle me. About time they got put in their place.

If they decide to take it further I will be claiming for loss of earnings for all the days they failed to come out after telling me they would. I will also be claiming a daily charge for them keeping their car parked on my drive as it was an inconvenience to me as I could not use my drive. I am ready to play ball with these leeches.

[atticus]

You should give Echat11 the credit for mentioning the Ferguson case, although I had it in mind.

[Distressed1]

Thank you to Echat11 for the link to the case