Car Hire Billing For Total Losses After Excess

[des8]

Re: Car Hire Billing For Total Losses After Excess

I would suggest a response along the following lines.
Others may well add , amend or correct this offering, so do await their input.

I am in receipt of your letter of XX December 2015.
I do not admit to owing your client any sum what so ever.
The cost of hire included "Collision Damage Waiver" which is defined in your clients Terms and Conditions as "cover for any damage to...the vehicle which exceeds the amount of your excess"
Your clients admit this cover was purchased, and they have already received the £1000.00 excess.
Their terms and conditions are quite explicit.
I was not informed of any caveats at the time of hire.
Any claim will be vigorously disputed.
Further note that I do not recognise your letter as satisfying the preaction protocols in many respects.
Yours

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Hi Des8,

Thank you for the response! :-) Shall I proceed with the above and just add "Please kcnowledge receipt of this email A.S.A.P and postpone any further action until I have sought legal advise myself."

I have two solicitors that have left me voicemails this morning willing to help. Is the email better off coming from one of them or would it be fine from myself?

Thank you! :-)

[des8]

Re: Car Hire Billing For Total Losses After Excess

Re the solicitors........... have you checked costs, or are they willing to act on a Conditional fee basis.

If you intend to use a solicitor it would be better to let them handle it from the beginning, as there is nothing like picking up someone else's ball to run with!!

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Just spoke to one solicitor. I pointed out what we have discussed above but he said he can't see that I would be able to get out of this one. He adivised I email them, certainly pointing out that they do not meet preaction protocals and I need say 28 days to seek advise myslef. Also they need to supply documentaion of the Collision Damage Waiver and a break down of how they reached the total sum.

- - - Updated - - -

I think the other solicitor is at lunch as he isn't responding right now!

[And_P]

Re: Car Hire Billing For Total Losses After Excess

How about I send them this at 9am tomo morn?! ;-)

I am in receipt of your letter of XX December 2015.
I do not admit to owing your client any sum what so ever.
The cost of hire included "Collision Damage Waiver" which is defined in your clients Terms and Conditions as "cover for any damage to...the vehicle which exceeds the amount of your excess"
Your clients admit this cover was purchased, and they have already received the £1000.00 excess.
Their terms and conditions are quite explicit.
I was not informed of any caveats at the time of hire.
Any claim will be vigorously disputed.
Further note that I do not recognise your letter as satisfying the preaction protocols in many respects.
Please supply me with documents setting out the full terms and conditions of collision damage waiver, documentaion of the insurance policy, a full breakdown of the costs with engineers report and pospone any further action until I have sought legal advise myself.
Please aknowledge receipt of this email.

Yours

[des8]

Re: Car Hire Billing For Total Losses After Excess

You have to do what you think is correct.
Did he say why he thought you would be found liable?
On the basis you bought CDW as a requirement of the hire you relied on eurocar (as intermediary) to sell a product which covered any damage (which is what you were probably told?) If it did not, what cover did it give? Why weren't you told of its limitations? Possibly a claim against Eurocar for mis selling ?

[And_P]

Re: Car Hire Billing For Total Losses After Excess

He said he'd been on the website and looked at CDW. I assume here:

https://www.europcar.co.uk/EBE/modul...s&locale=en_GB

And that it simply says under exclusions, not covered by driver negligence.

No solicitor seems to want to help and I am struggling to find one that will even deal with this type of contractual dispute. I even phoned Barclaycard becasue I was sure it would cover legal exspenses and they would put me through to a lawayer (Advise from a solicitor) but their customer services claim they don't offer that service.

[des8]

Re: Car Hire Billing For Total Losses After Excess

IMO those terms that your solicitor looked at don't apply to your agreement.
The agreement you posted earlier (post 5) states they are the terms and agreement. They cannot turn round later and say "plus these and these ".
Now the fact you fell asleep is negligence. There is case law which supports this.
So your argument (if you intend to dispute this claim) is that the agreement you signed is ambiguous and you were badly advised by the hire company.
I suspect you were encouraged to take the insurance "so if any thing goes wrong you're insured against damage" (but nothing in writing)
It is unusual for insurance policies to exclude damage caused by negligence, for the simple reason most accidents are caused by negligence or carelessness, so as a lay person you would not expect to see it in a hire agreement.. However CWD policies nearly always include the negligence clause.
The agreement does contain the 7.2.2 clause, although this seems to contradict the definition on page 1.
Whether or not you can argue successfully that this is an ambiguity and that you were mis sold the insurance is the problem
Your solicitors seem to say no.

If you do dispute a court claim, and you lose, costs awarded against you could be substantial

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Thank you so much for your time and advice Des8 and Ostell. I still have some other solicitors to call. In the mean time I will email a response to Euopcar's solicitors and I will include the question you suggested Ostell. This should at least get them to back off a bit and play by the rules!

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Ok, well I have had a response from Europcar with a breakdown of all the costs. (About 40 pages!) Also a second letter from their solicitors with pretty much the same wording as the first but giving me a new deadline of 10am the 30th December to pay. I simply don't have the money. I have been told that they can't force a sale of my house. However can a judge can authorise a charge against the sale of my house of the full sum, court fees and the 8% interest?

[des8]

Re: Car Hire Billing For Total Losses After Excess

IF they obtain a CCJ they can apply for a charging order.
Firstly there will be an interim order, before a hearing at which you can argue against it being made final.
If a final order is granted they can apply for an order for sale.

You can argue against this on the basis there is little or no equity in your property, or it would be grossly unfair on others who live with you (eg children).
There may be better ways to repay the debt e.g. instalments, or an attachment of earnings.

If it comes to that there are others on here better able to advise you than I

If I was in your position I would continue searching for a solicitor who would be prepared to defend on the basis of mis selling of the product, and the ambiguity of the documents you were actually given (not some that a solicitor found by Googling)

[des8]

Re: Car Hire Billing For Total Losses After Excess

IF they obtain a CCJ they can apply for a charging order.
Firstly there will be an interim order, before a hearing at which you can argue against it being made final.
If a final order is granted they can apply for an order for sale.

You can argue against this on the basis there is little or no equity in your property, or it would be grossly unfair on others who live with you (eg children).
There may be better ways to repay the debt e.g. instalments, or an attachment of earnings.

If it comes to that there are others on here better able to advise you than I

If I was in your position I would continue searching for a solicitor who would be prepared to defend on the basis of mis selling of the product, and the ambiguity of the documents you were actually given (not some that a solicitor found by Googling)

[And_P]

Re: Car Hire Billing For Total Losses After Excess

Hello fellow motorists!

Ok, so I have an update! It took them six months but the police ended up charging me with "Driving a mechanically propelled vehicle on a road / in a public place without due care and attention." I didn't see the point in contesting so pleaded guilty and was given 4 points and £185.

The latest from Europcar solicitors is that they are now issuing court proceedings and have already added on £559.37 in interest.

In my last correspondence to them I stated that I am unemployed, on benefits and in debt. Therefore I am in no position to pay the balance or negotiate.

What on earth do they expect me to do?!

[wales01man]

Re: Car Hire Billing For Total Losses After Excess

They expect to win and you to pay or get a charging order or attachment to earnings they think somehow they will get the money

[des8]

Re: Car Hire Billing For Total Losses After Excess

Pity about the conviction for driving without due care and attention, as that equates to negligence.
With hindsight you should have tried to find a defence.
Have you admitted the claim? ... it seems you may have as you have told he solicitors that you have no way of paying them.

If you intend to contest the claim IMO your best defence is misselling of the policy.
Your were probably told the policy covered any damage, and were not told about the exclusion (which virtually excludes any own damage!).
Yes it is buried in the T&Cs, but you didn't get to read and understand them.
Comprehensive motor insurance policies don't include this type of exclusion, why should this policy?

However if this goes to court and you lose the other side will in all probability be awarded their costs as well.
If this happens there are those on this site who will be able to point you in the best direction for dealing with your debts