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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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Hire Car - Windscreen replaced


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Here's an interesting one (i hope)! I took a brand new car back off hire and volunteered that it had suffered a stone chip, they said they would have it inspected and would contact me in a few days. They now say that the whole windscreen had to be replaced and asked me to pay an amount below the excess of the policy. They cannot provide me with an invoice or confirmation from their installers that the job was actually completed. In the first instance due to if they send me a bill they are offering credit terms and would fall foul of FSA rules! Secondly, they cannot verify the work as they have not had the bill from the installers till the end of the month and they have placed the car back on hire!

My query is: Am I justified in asking for a formal invoice for the work done? Also proof that this work was carried out, as it could have been 'gelled' for free? Finally who has ownership of the old screen? I seem to recall a common law somewhere which gives me ownership if I have paid for a replacement?

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Refuse to pay anything. You cannot be held responsible for a stone flying up off the road and hitting the windscreen. I assume that you hired the vehicle with insurance cover provided by them. Had you crashed the vehicle or caused damage to it by your own negligent driving then maybe so, but you cannot be held responsible for a stone chip unless you actually picked the stone up and hit the windscreen with it. Fight them, they know that they can't enforce this cost on you. Good Luck

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ahem, no they can charge for this, as it was in your charge at time. normally the excess only on the policy. Same as if you had a puncture and tyre had to be replaced.

But agree I would ask for proof that it had been done rather just take their word for it.

As you are only being asked for the insurance excess or less and not for the whole screen ( many hundreds of pounds ) I doubt you can claim the old windscreen.

Did you not have to lodge a credit card no. when you hired the car? they usually just put a chrage on that and thats it, you then have the hassle of disputing it and to try and get a charge back.

sometimes worth taking extra cover out for the excess.

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ahem, no they can charge for this, as it was in your charge at time. normally the excess only on the policy. Same as if you had a puncture and tyre had to be replaced.

But agree I would ask for proof that it had been done rather just take their word for it.

As you are only being asked for the insurance excess or less and not for the whole screen ( many hundreds of pounds ) I doubt you can claim the old windscreen.

Did you not have to lodge a credit card no. when you hired the car? they usually just put a chrage on that and thats it, you then have the hassle of disputing it and to try and get a charge back.

sometimes worth taking extra cover out for the excess.

 

They cannot charge for a chip. The hire company own the vehicle so as no act of negligence has occured, they will have to stand the charge themselves. Same would apply to a puncture. If you had a puncture in your own vehicle, would you claim for a replacement tyre off your insurance? Same rule applies to hire companies who are insured as the vehicle owners. Hire companies always try to sell you CDW (Collision Damage Waver) to protect you in full if a COLLISION occured. This is not a collision but an unfortunate mishap with no one to blame. They cannot enforce the charge but they will always try.

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Tilly you obviously have not hired many cars, the hirer is responsible for the car and what happens to it.

If the car gets vandalised, not your fault, but you have to pay the excess, same thing.

next you will be saying that the driver/ hirer is not responsible for the roadworthyness of the car they have hired ( they are ) If you are stopped by the police for a defective tyre say, it is the driver/hirer that gets the fine/points.

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Sorry Tilly you are very wrong. Within the T &C's on a hire car will be that it is the hirers responsibility to return the car in the condition it was hired which is why it is important you check and report the condition of the car prior to driving off. I've hired quite a few cars all over the world and have not come across a hire agreement yet where this is not stated. The T & C's never allow for what might be termed as wear and tear when it comes to physical damage.

 

The OP would however be quite within their rights to ask for evidence of the repair being carried out and that the hire company mittigated the cost prior to settling either way.

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  • 2 months later...

Being a careful driver, with lots of experience abroad, I don't usually take the additional insurance, and am now fighting a bill for Euro's: 361 for a tiny stone chip!

Our vehicle, while a virtually new/convertible, had hundreds of small chips, dents and dinks all over it, so was signed off with 'x's everywhere, but guess what, no 'x' for the windscreen. My fault, I didn't examine it, thinking I had everything covered. When we returned it, they immediately focused on the windscreen, and identified this tiny chip.

This appears to be a regular [problem]...so watch out!

This occurred with 'Guerin' at Faro airport.

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full fat, very shortsighted of you not to take out insurance to cover excess etc.

you have obviously been lucky so far.

You can be the best driver in the world, but you have no control about others or events.

ding in the car park, vandalism, stone chips on windscreen, all become your responsabililty!

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I agree. Look at it like this, who would be responsible if it was your own brand new car that got damaged?

 

Please Note

 

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I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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in the event of an isurance claim to repair or replace the glass you will find that you are responsible for any charges under the terms ofyour hire agreemant unless otherwise stated so take a look at what that agreement says, its as simple as that really, you paid and hired under those terms, a stome flying up is accidental just like if you hit another car is accidental, you dont intend it to happen but sometimes it does but whether you pay is in those terms of hire and they can enforce that agreement upon you if they wish to do so, also worth noting somtieme a chip is not worth repair even when it only seams minor ( somtime repair will still show or may not last out long term) so in that case the repairer will advise accordingly so if he advises new screen to be fitted then its likely they will take that advise and have a new one, you may not be able to ask for old screen as you dont own it in the first place and its likely the repairer will take away for disposal anyway, you will aslo find they are correct about not giving you the invoice ( although i cant see any harm in showing it to you at least) they just cant hand it to you to keep for yourself, so your best bet here is to ask them to call you when they have recieved the full written invoice and go down there and ask to see it and at least that way you know your paying only what you have to ( quick note here thoguh if cost is more than there insurance excess for windscreen cover then only pay that excess) as thats the only thing under terms of hire that you will be responsible for

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  • 2 years later...

When you hire a car, various insurances are on offer. You don't have to take them all, but what you are assuming is ownership/responsibility of the car for the hire period. If, during that time, the windscreen is damaged this is the hirer's responsibility. If there is insurance to indemnify that loss (to the hirer) it will be dealt with as such, but if not, the hirer must return the car in the same condition it was when it was handed over.

 

You can't hand it back damaged and then negotiate the damage. It would have been better to have it repaired before handing over. NB: not all chips will meet the repair criteria of the car owners.

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thread is more that 2yrs old

 

closed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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