A2B Car Rental, St Annes, Lancashire, UK - Refusing to refund my deposit

[k_81]

The outline is, I paid a deposit to reserve / rent a specific car for a

specifc period which the A2B also guaranteed. On the day of collection,

thier appointed depot (ERAC) advises me that they have not offered the car for the

past 18 months. A2B car rental are now refusing to give my deposit back and

making their depot / third party liable for it. I beleive the contract is

between me and A2B.

 

Need some advice urgently. Is it worth filing a application for a tribunal

hearing? Is there anyone I can go to to represent me? Any help appreciated.

 

 

From me to hire Company

 

Dear xxxxxxxxxxx

Please confirm that the vehicle you are booking for me is the Chrysler Grand Voyager (and not the Chrysler Voyager, smaller version) and the rental start time as I would appreciate the latest time possible on the 9th.

 

Once, #Joe Bloggs# confirms the vehicle and all is satisfactory, please put the card payment through.The name on the card reads #######

 

look forward to your reply

 

kind regards (Victim)

 

Hello (me/customer/victim)

Yes the car #xxxxxxxxx# has booked for you is the Grand Voyager automatic as per you on-line reservation. Your payment has gone through so you will be receiving your confirmation shortly.

I am so sorry for the delay in answering your original reservation but as xxxxxxxxx explained the booking does not come through to us until payment has been made as it is all to do with the on-line automatic booking site.

All is sorted now though and thanking you for using A2B services.

Kindest regards

xxxxxxxxx assistant

 

> Please be advised that A2B CAR RENTAL have made a vehicle booking on your

> behalf with Enterprise Rent-A-Car. Enclosed are the booking details.

>

> Car Group/Size: MPV AUTO

> Rental Start: 09/04/2011 at 09:00

> Delivery Type: Pick-Up

> Authorisation: 14/04/2011 at 09:00 (Collection)

> Enterprise Ref: 898206

> PO Number: 0603023

> Vehicle Reg:

> If you have any queries please contact A2B CAR RENTAL or Enterprise

> Rent-A-Car.

>

> Enterprise Rent-A-Car is pleased to work in Partnership with A2B CAR RENTAL

> and looks forward to assisting you on this rental.

>

> NB: This one-time confirmation message reflect the details of the booking as

> originally placed. Please advise us or Enterprise Rent-A-Car if any further

> amendments are required. No further emails will be sent. This email was

> automatically generated - please do not reply to this email.

 

Thank you for your reply. I forgot to mention that I was quoted £367 on the website last week and even today, but here I am being charged £440? Is there additional charges?

Thanks

Hello 'Victim'

 

If you look at our website it says the reservation is subject to VAT which is also mentioned on the confirmation document which has been emailed to you. You only pay the VAT on the balance which is due to Enterprise Depot which in fact will be £301.50 + £60.30 VAT. There are no other charges unless you opt for any extras at the Enterprise depot.

I hope this clarifies everything for you.

Kind regards

xxxxxxxxx's colleage

Hi xxxxxxxx assistant,

Thanks for the confirmation. I did request the latest time possible for rental start on Saturday and was hoping for midday start. I notice below that the rental starts at 9am. Are you able to correct? Thanks

'victim'

Sorry 'victim', I have called the branch and they will pick you up between 12.00 – 1.00 pm. The name of the person whom I spoke to at the branch was called Cameron and I made the call at 12.30 pm today this info is just for your reference. The branch usually call you prior to leaving to pick you up, but their telephone number is on your confirmation document should you need to contact them for anything. Best wishes

xxxxxxxxxx' colelague

 

 

Dear xxxxxxxxxx

I still havent had my refund for the chrysler voyager fiasco that took place on Saturday 9th April? Remember our conversation on the saturday morning when you found out you haven't had the facility to rent out chrysler voyagers for the past 18 months but you were under the impression that you did?

 

I look forward to your reply. I am extremely dissapointed in all of this, first no voyager, now delayed refund?

Victim,

Thank you for your emails with regard to the return of the deposit paid.

This has been requested from Enterprise through the Regional Director Sales and I have stated very clearly this should be paid without further delay, I expect however, they will reply that they did offer to suppl;y a vehicle of equal standard. I will fight against this for you if they do.

I am very sorry for the time this had taken.

 

Regards

xxxxxxxxxxx

 

xxxxxxxxxxxxxxxxx

i am confused now, I made a payment to a2b car rentals ltd, on failure to provide the vehicle I would have thought a2b car rentals ltd would have the duty to refund me my money by default. In your below email its almost as if you are implying that enterprise should be refunding me. In this scenario I am the customer of a2b not enterprise. Please don't delay the refund, this has been delayed long enough as it is.

 

there is nothing to fight for, I'm not interested in any further vehicle rental? the occasion i initally rented it for has passed, I had to get a vehicle from elsewhere to make up for it.

 

and it wasn't of equal standard, chrysler voyager comes with so many additional luxuries as standard as opposed to a seat al-hambra or a ford galaxy, hence why i was willing to pay the higher price for it in the first place. anyway regardless, I expect a full refund from a2b in the first instance. Please let me know where I stand.

 

'Victim'

 

Hello

I haven't received a reply to the below email. Please respond.

 

Victim

 

Hi 'victim;.

The reason you will get the refund from Enterprise is that in the agreement you made with A2B you completed a section in which you accepted the Terms & Conditions of hire. Which state your contract is with the provider of the service, in this case Enterprise. If you had not ticked this agreement box your booking would not have activated the automatic booking system.

There will be no fight, you will receive the refund.

 

Regards

xxxxxxxxxxxxxxx

 

xxxxxxxxxxx, what about t's & c's section 7 and 8 on your website, surely this scenario is applicable ? realistically when am I going to get my money back?

 

 

Vicitm, The clauses you mention in your email refer to cancellation by A2B and not by the client.

 

The request for the refund has now been sent to the National Admin Office of Enterprise and I am told will be in your account three days after they instigate this repayment. I expect this will be after the Bank Holiday on Tuesday next.

Regards

xxxxxxxxxxxxxxx

 

At this point, ERAC was contacted by myself, spoke to area manager for the West Midlands area who said they weren’t liable to refund my deposit.

Dear xxxxxxxxxxxxx

 

Who is your contact at Enterprise Rent A Car, i've just spoken to the regional manager of Enterprise Rent A Car and he said, there is no way they will be issuing a refund to me as they were not the party who took the deposit off me in the first place.

 

Please advise of where I stand?

 

Victim

 

 

Dear Vicitm

I will pass your email on to the Regional manager looking after our account. Enterprise will refund this deposit as it was their fault in giving the wrong information also it was Enterprise who confirmed the booking in the first place.

 

I will be back with you on Monday with further information.

 

Regards

xxxxxxxxxxxxx

 

Hi Victim

 

I have just spoken with the Regional manager who looks after the area we are in and he has confirmed you will be receiving your refund from Enterprise.

 

Regards

xxxxxxxxxxxxxxxx

 

OK xxxxxxxxxxxxx, thank you.

 

May I have the name and contact details for this regional manager?

 

Victim

 

Charlatan Dave I have not had a reply to the below email, nor have I heard anything from enterprise. Please update me.

I would also like to request a official VAT invoice (with your VAT number on there) and a receipt for the payment I made to you. if you can send me a PDF/MS word version or scanned documents I would be grateful.

 

Victim

Victim

When too many people try to get involved it causes problems. Either A2B are dealing with Enterprise on your behalf or you are yourself.

 

You did not pay VAT on the deposit so there will be no VAT number. You received an invoice/receipt from Moneybookers for the deposit paid.

 

I will chase again when the Enterprise offices open again to morrow.

xxxxxxxxxxxxxx

 

Can anyone give me advice, i'm thinking of filign a application for a tribunal hearing, this kind of practice is unnaceptable,

how long do i have to wait for my refund, is it guaranteed that I will get my refund? theres no assurances? what should I do.

I paid £90 in good faith.... and then look what happens.

[rebel11]

Hi k

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

If you paid by Credit Card or Visa Debit then speak to your Credit Card company and seeif they will authorise a Chargeback.

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards

 

Also have a read of SOGA number 10 in my signature.

[Yorky2008]

Chargeback?

[Dragons Dennis]

The contract is between you and A2B. You paid them, so they must pay you back immediately for breach of contract. You could also sue for consequential loss if you then went on to hire the said vehicle type elsewhere at a higher cost.

[k_81]

hi, thanks for the pointers. As for the Chargeback I need a receipt from the company which i dont have and they seem to be ignoring my request. I gave them the details, they entered the payment details on their website/ebookers, ebookers took my money, but no receipt. I have emails from them saying they have received the money/reservation is confirmed etc, but they dont seem to be co-operating well. The credit card company said we wont be able to start that procedure until I get a receipt or a confirmation from A2B promising me that they will refund to the card I paid with (i.e. including card details)/ Personally i would have liked to have gone through the chargeback route but I need a more heavy approach legally. Dragons Dennis, are you suggesting I file a tribiunal application via a solicitor specialising in Civil law? i'm not sure how to go about this, I haven't heard from trading standards but I am willing to progress this via the courts if I have to for this unlawful act and conduct on the basis I will be able to claim compensation as well as fees and costs as well. Pointers and advice appreciated, thanks,

[Yorky2008]

YOu shouldnt need a receipt, all you have to do is prove a breach on contract by A2B which it seems you have. I think the CC company are stalling in the hope that you will go outside of the time limit for claiming back.

 

I would call them back and put your foot down with them.

 

Yorky.

[crem]

I agree with Yorky. Think about it, if A2B have agreed to a refund like your CC company want, why would you need a chargeback in the first place!?

[Dragons Dennis]

If you have an e-mail from A2B saying they will refund and they haven't, then send that e-mail to your CC company (who are jointly liable by the way)

 

If you do not have such an e-mail, then start a chargeback immediately for non supply of goods.

[k_81]

Thanks for the advice guys.... heres the correspondence so far.... ---------------Ch@rlatan D@ve, I am dissapointed that I have not yet had a reply. Please update me with when I will be receiving my refund. I am still waiting on the receipt, please also confirm that the refund will be issued to the card that I paid with ending 6677 so I know which account to monitor the refund coming in. I do hope that my emails are not blatently being ignored and I hope to have a reply from you today. This kind of conduct is not acceptable. Mr Victim --------------------------- -------------------Dear Mr Victim. We are not ignoring you at all. With regard to a receipt, as stated before, this would come direct to you at the time you made your reservation and made payment through Moneybookers. If you had not made this payment or been issued with a receipt at the time, the booking would not have come through the automatic booking system as it is the issue of the receipt which triggers this system off. Whey you contacted the local manager about the refund you placed a stumbling block in the system, as no manager likes to have to make refunds so lower their branch income. This is why we go to higher authority to obtain this for you which he is actually involved in so doing at this time. -------- Regards Ch@rlatan Dave----------------------- Char@latan D@ve, but I myself did not make the payment via ebookers, someone your end called Joe or Jill did (I gave you the card details myself as I did not want to put it through your website) and I never received the receipt. Kindly look up your merchant account (ebookers?) and resend the receipt. Please confirm that the refund will be made using the card details I made the payment with ending 6677. Knowing a timescale to receive the refund would help although you've already given me a few assurances in the past which haven't followed through? So you can understand my frustration. I should have had my refund by now it’s been way over a month. Mr V1ct1m ------------------- Ch@rlatan D@ve Can you re-issue my receipt please from eBookers and also confirm if the payment will be going back on the same card that I paid with. Mr V1ct1m ----------------- Hi Mr V1ct1m Further to our telephone conversation this morning, I have, as promised spoken with the Head Office and I am told they are sending you your cheque direct to your address as given on the booking form. I have also spoken with Moneybookers and they are resending the payment receipt again as you have reqested. Ch@rlaton Dave ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Point to note, my CC company want an email from A2B saying that the paynment was made from my card and its details (well at least the last 4 digits) , I did try. On my statement the transaction reads ebookers £85 quid. I will be contacting CC company again as it is exactly one month today since A2B indiciated that I was due a refund..... but my only concern is I don;t have the ebooker receipt nor a official receipt from A2B detailing payment specifics.... Is there a certain type of specialist lawyer I can approach? wILL Keep you guys posted how I get on.. trading standards replied after a while, lets see what they say (they have all correspondence)?

Edited May 25, 2011 by k_81

[Dragons Dennis]

OK. Let me make this nice and simple. They MUST refund you in full and by the same method you paid, ie back to the same card. They haven't done so. So, now you must contact your credit card company and file a disputed transaction on the basis that you did not receive the goods ordered. DO NOT take 'no' for an answer from your CC company who are jointly liable for your loss. If they dig their heels in, get straight on to the FSA.

[k_81]

Well, I went through ALL the relevant bodies of ERAC and they confirmed that they were not paying out any refunds while Charlatan Dave of A2B still insisted that ERAC was issuing a refund. Who i he kidding and who am I likely to believe? This guy Charlatan Dave is crazy! Needs admittance to the elderly retirment psychiatric home. No remorse, nothing! While all this was going on and way before I even requested confirmations, I logged a query with Trading Standards, mighty help they turned out to be, they suggested small claims court action with no reclaimable court fees and expenses. Is it really worth it? yet they took no action to prevent this from happening again, even though I advised them they were still advertising vehicles that they did not supply. I felt they did not fully excercise or help me exercise my right as a consumer. I got in touch with both birmingham and lancashire trading standards divisions. Anyway TS did get in touch with our pirate and so when I contacted our pirate he said 'we are washing this off our hands now, you went to Trading Standards when you should have listened to us when we said ERAC was going to refund you". "It is with trading standards". personally I felt this pheasant needed admittance to the elderly retirment psychiatric home. No remorse, nothing! But also thanks for the suggestions 'forum guys', I also initiated a chargeback claim at the beginning just in case our pirates were thinking of keeping the refund and so the bank has taken on the debt and will take the necessary actions with e-bookers. I only hope someone goes and closes the A2B car rental establishment, they don't deserve to be a active business, right charlatans they are! REMEMBER LADIES AND GENTS! STAY AWAY FROM : A2B CAR RENTAL DOT COM, LANCASHIRE !!!!!!

[sailor sam]

As previously been advised, your contract is with the agent you paid the money to irrerspective of what their terms and conditions state. In the same way, A2B's contract is with Enterprsie so if there is a dispute it is for them to deal with on your behalf and obtian the refund. frankly i'm suprised that TS aren't looking into this a bit more closely because it does seem a strange set up to me.

 

It seems that unfortunately if you do need to take the matter down the small claims route, you should aim it at A2B. An LBA letter may get them to swing into action if you have problems with your chargeback.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

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.

 

[k_81]

Just to update you guys, the chargeback from the credit card company worked back in June (I think it was) since then I haven't head anything......... I got my deposit back though so thanks for the suggestions guys!!!!!, I wonder if my CC co got their money back and ebookers got their money back from A2B? Anyhow A2B car rental charlatans are still at large..... they don't deserve to be in business!

[sailor sam]

Good result although it took a while!

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

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.