'Refundable deposit' refused.............

[ncf355]

Hi,

 

leased a car on a short lease and paid an amount including a refundable deposit.

 

The car was not new and had marks at time of lease which were noted and I had a copy.

 

Shortly before the end of lease the engine siezed and the vehcile was taken to the main dealer.

 

This was some time ago, but I have now asked where the deposit is, only to be told there was extra scratches and damage on the car so I wont get the deposit back:mad:

 

What can I do here?

 

Seems to me they cant prove I damaged it, but equally I cant prove I didnt?

 

Help!

 

[kippax]

This is the oldest car hire/lease [problem] in the book.

 

In the first instance have you copies of the usual documentation that details any marks on the car at the time that you collected.

 

If they didn't provide you with this opportunity then they will be unable to prove that your caused the damage.

 

In this case.... its gonna be small claims to retrieve your money.

[ncf355]

Hi,

 

I have the sheet showing previous damage

 

Reads to me like some they have quoted to me was already on their sheet

 

I have sent them several emails over the last month or so, the last two read like this:

 

Hi XXXX,

 

 

I am still waiting on the refund for the refundable

deposit (£250) placed on the XXXXXX at the

outset of the rental.

 

Could you please arrange for a cheque for this amount

to be sent out to me within 7 days, as I feel I have

waited long enough for this.

 

Best regards

 

XXXXXXXXXX

 

 

//////////////////////////////////////////////

 

The above resulted in a 'can you please call' which I replied stating I wanted all comms in wirting and then received the email about the supposed damage 'I' had caused

 

So I replied with:

 

Hi XXXXXXXXX,

 

I can state categoricaly that I caused no damage to

the vehicle in the time I owned it, there were many

marks at the time of taking it on hire but I added

none to these.

 

Given that the vehicle has now been at XXXXXXXXX

for over a month I dont see how this damage can be

attributed to me anyway.

 

Please arrange the refund as requested as I repeat, I

do not accept I caused this damage.

 

Regards

 

XXXXXXXXXXXXXX

 

 

No reply, so do you think and LBA is called for?

 

Who would the burden of proof fall on?

 

I dont see how they could prove I caused the damage as I did not sign a return sheet (and there is now way I would have with the damage they have quoted)

 

I basically called them when the engine went saying the vehicle was at the main dealer and they then dealt with it from there.

 

 

All advice gratefully received!

 

[ncf355]

How about this for an LBA?:

 

 

 

Mr X

B Road

B Town

CC1 YY2

XXX Motors Ltd

A Road

A Town

BB1 XX2

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

Vehicle Name and Reg

 

I refer to my hire of the above vehicle from you.

 

I have recently written several emails requesting the refund of the refundable deposit, dated 18th and 19th July (some 4 months after the end of the hire).

 

One of these emails received a reply stating that I had caused damage to the subsequently hired Vehicle2.

 

In the first instance, the £250 deposit was paid on the contract for the Vehicle1 which was returned, undamaged and unmarked to you in March 2006 at which point the Vehicle2 was accepted for hire – the £250 had no bearing on the Vehicle2 hire.

 

This in itself makes clear that the deposit should have been returned at this point (March 2006), as the deposit was paid for the Vehicle, not the Vehicle2.

 

In the second instance, I have a sheet given to me at the outset of the Vehicle2 rental that clearly shows numerous damage points on the car.

 

As I have stated by email, I strongly deny having caused any further damage to the vehicle from the condition it was received in.

 

In addition, you failed to complete a handover of the Vehicle2 when I informed you of the engine failure, hence the vehicle has now been in the possession of yourselves and A Dealer for over 6 weeks so I fail to see how you can directly attribute any damage to me.

 

I require repayment in full of the £ refundable deposit. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully

 

 

Mr X