Car Hire Billing For Total Losses After Excess

[And_P]

I was involived in a car hire incident over a month ago. I had third party insurance and collision damage waiver.

Unfortunately I nodded off at the wheel, lost control of vehical and hit a tree. The car hire company were quick to take £1000 excess the next day from my credit card.

I received a letter from the car hire company last week saying I was in breach of the contract therefore I have to pay their total losses which they are computing.

Today, I received a letter from their solicitors today saying I have to pay over £14,500 by 10am Thursday otherwise they will issue court proceedings against me for the principle sum with an interest rate of 8% along with court fees and costs!

It is my understanding that when they took the £1000 excesss last month the matter was over?

Surely, by taking that £1000 it is admission they intend to pursue costs through insurance?

Also, aren't these bully tatics?! Asking me to cough up nearly 15k with a deadine of 3 dyas?!

Any advice appreciaited! Thank you!

[des8]

Re: Car Hire Billing For Total Losses After Excess

Hi and welcome

If you took CDW, the insurers should be covering the loss (depending on the policy wording), and quite frankly I don't see any care hire firm renting out without it.
Can you post up a copy of the policy, &/or name the hire company.

Certainly the solicitors demand for immediate payment, without giving you time to seek legal advice is unreasonable, and from the sparse details you have supplied would not comply with pre action protocols.
A response to them along those lines would show you're not a pushover.

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Hi Des8,

Thank you for your response. The company name is Europcar. I am trying to compress a PDF copy of their terms and conditions now to upload it.

Thanks again

[des8]

Re: Car Hire Billing For Total Losses After Excess

Is this the document you can't upload:
https://www.europcar.co.uk/terms-and...and-protection

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Hi Des 8,

Thanks for reply. That document is different. I will upload 1 page at a time. (Only 3!)

Here is page 1.....

- - - Updated - - -

And here is page 2 & 3....

Thank you Des8! :-)

[des8]

Re: Car Hire Billing For Total Losses After Excess

Crossed!
Will have a look and post later as have to go out soon

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Ok. Thank you for your time! :-)

[des8]

Re: Car Hire Billing For Total Losses After Excess

Have the Eurocar said how you were in breach of contract, and do you have a receipt showing you purchased Collision Damage Waiver?

[And_P]

Re: Car Hire Billing For Total Losses After Excess

I have a letter from Europcar that states :

"We appreciate that you took our Collision Damage Waver, but that does not indemnify you for the damage to the vehicale that has been occurred. We specifically draw your attention to the provisions clause 7.2.2 of the rental agreement. At present we are computing our losses and either we or our nominated agents will write to you in due course with details of the same."

The solicitors letter I received yesterday states :

"As you are aware, you hired the above vehical from our client and agreed that you would look after the vehical against loss or damage. In breach of clauses 4.2 of the Rewntal Agreement you failed to look after the vehical and accessories and protect it from damage and accordingly pursuant to clauses 7.2.2 and 7.2.3 you are liable to make payment to our client in respect of their losses."

Hope this helps??

Thanks!

[ostell]

Re: Car Hire Billing For Total Losses After Excess

Ask the solicitor how, in their opinion, how you failed to look after the vehicle.

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Hi Ostell,

Thanks for the post. Surely they are just going to say that by falling asleep at the wheel is negligence therefore is breach of 7.2.2?

I have been advised not to talk them if possible so a bit confused as to what to do. I can't believe they are only giving me till Thursday before they pass it on to a court. :-(

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Shall I ask them via email and post the response?

[des8]

Re: Car Hire Billing For Total Losses After Excess

IMO they are talking b******t.
Can you post up, suitably redacted the letters from the hirers and the solicitor, so we can assist you in drafting a suitably worded response?

Were you ever given a copy of the insurance policy?
Their T&Cs are ambiguous:
Collision Damage waiver means cover for ANY damage to the vehicle (their definition) is in conflict with what they are claiming at 4.2.
Where such conflicts occur the wording of a contract is construed contra proferentem

might be useful to know the full circumstances of the accident and what you advised the insurers /hirers. Don't suppose you have a copy of
anything you signed when submitting claim?

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Thanks Des8,

Please find attached a copy of the corrrespondance from Europcar and their solicitors. Afraid they are in .jpg format, omitting my personal details as I have no scanner.

I was not given a copy of the insurance policy as far as I can remember. I certainly can't find one.

The situation was I had an argument with my partner and drove off in the early hours only to fall asleep at the wheel and hit a tree. The correspondance gives details of the conditions etc.

Thankd Des8!

[And_P]

Re: Car Hire Billing For Total Losses After Excess

And here is the solicitors letter......

Thanks both!