possibly need help with courtesy car

[cazzajay]

hello all, im new to the forum and have read a lot of info about courtesy cars but none seem to fully answer my question.

 

basically, the monday before last i handed my car in to my insurer's approved accident repair centre to have a repair done (i had a bump in the snow!). i was offered a courtesy car - but when i picked it up it was covered in snow. the person filling out the form which has a diagram of the car (to mark any damage) wrote down "frozen and dark" on it and said to call him if i find anything and he'd mark it on his master copy.

 

it was only yesterday that i noticed a quite deep scuff and small dent on the bonnet of the car. i called him up to explain but he said "not being funny but its been 10 days and you only spotted it now..." i'm worried that when i return the car, to pick up mine, this friday (i.e. day after tomorrow) that i will be faced with a cost to fix the courtesy car.

 

now some details

 

the mark on the courtesy car looks like it has been touched up before with darker red paint (looks like nail polish!)

 

it's not marked on the form, but the words "frozen and dark" are. the form also says at the top "This is a "vehicle hiring agreement" under the terms of the Road Traffic Act 1991, and as such ALL DETAILS MUST BE COMPLETED for the agreement to be valid. No payment is required to validate the agreement" but some fields were left blank by the guy who filled it in. For example, my date of birth, driving license number and the time of the signature (the date is filled in though).

 

I know I haven't done this to my courtesy car, but the guy really made me worry that I will get the blame for something i didn't do! does anyone know if i have a legal leg to stand on? what should i say if they won't give me my car back until i pay up for the courtesy car damage? does the "frozen and dark" comment mean anything?

 

So many questions - i hope there are people out there who can answer them before friday when it comes to the crunch (not literally, i hope!)

[MegaCraggy]

well under no circumstances let them bully or frighten you into signing or paying anything that you are not responsible for, you had the decency to inform them about it, and it is clearly written on the hire agreement form that it was frozen and dark, he states that its taken 10 days to point it out, tell him its been snowing since before xmas, christ i haven't seen the colour of my car since then, personally i think they are trying to pull a fast one, ask to see the previous hire and diagram agreements relating to the car, they just might have something written on them relating to the damage.

 

ive no idea if they can keep your car if they try to make you pay, somebody else might know, but take your insurance details with you, and ring them on the day if they start disputing it, see what they have to say, but with it saying frozen and dark on the form , i just can't see them being able to make you pay.

[cazzajay]

thanks megacraggy. ill let everyone know how it goes. am i allowed to name and shame, or name and praise, the garage (once i know the result)?

[cazzajay]

well i got a call today - apparently my car needs unanticipated jig work and has been rescheduled for completion on thurs 21st! so i am left in limbo for a bit longer (though - at least i have longer to collect advice from the good people on here! )

Edited January 14, 2010 by cazzajay

[cazzajay]

Its approaching and I'm nervous. Is it a wise idea to refuse to pay and tell them "you have my address, ill wait to hear from your solicitors" or is that just opening a whole pandora's box of trouble?

[MegaCraggy]

why should you pay for something you have not done? all you can do is see what they say on the day, be adament that you have not caused the damage, and that the damage was obviously there when they gave you the car , it's stated on your agreement that it was frozen and dark , and it had been snowing alot at that time, they cannot expect you to see damage when there is snow covering the car, stand your ground , i think they are trying to frighten you into paying, tell your insurance company if they insist that you did it, whether they can keep your car or not i have no idea , i don't think they can, but i am not sure, with this being a insurance job, you should involve them if the need arises , if you ever pay for anything and your not happy with paying it , but have too , then always write on the invoice in bold "paid in protest", get names , phone number, time and place , detailing why your unhappy about paying, make sure they have a copy too, so at a later date you can take the matter to court if you wish.

[cazzajay]

just got my car back. they didnt check the courtesy car for damage, i have a photocopy of the report that says no further damage found. ill keep it safe for future use (if required). will keep you all posted...

[MegaCraggy]

glad to hear it, keep it for a long time, i got a letter from the P.O. CAR INSURANCE, saying i still owed 28.99 on it, from :.........16 months ago , i couldn't prove it, so had to pay , so anything can come back and bite you on the bum!