cash only scottish car hire company claims i damaged car- want more than deposit to repair.

[geortec13]

Hi,

 

I rented a car in scotland and signed a contract with a car hire company who I've been suspecting to be a fraud.

 

It's a cash hire cash deposit.

 

I've paid vague charges such as the "CC surcharge" (whatever that is),

and they have kept my 200 quid deposit.

 

Recently they emailed me asking for another 129 quid for damages to the car.

 

The point is this company does not seem legitimate.

 

On the contract, they have my last name and initial of first name, my address without house number, licence number, date of birth.

 

I suspect the company is a fraud,

in the event that they are actually a legitimate company (but just a ripoff),

can they file a small claim or do anything to me when they do not have my full name and I've actually moved address?

Edited June 24, 2012 by geortec13

[maroondevo52]

Hello and Welcome,

 

I have moved this thread to our General Motoring Issues Forum.

 

When did you rent the car and how long for, if you returned the car why at that time did you not ask them why they kept your deposit.

Were you aware of any damages to the car ?

[ims21]

Two threads merged

[geortec13]

Hello and Welcome,

 

When did you rent the car and how long for, if you returned the car why at that time did you not ask them why they kept your deposit.

Were you aware of any damages to the car ?

 

Hi I rented last week for 2 days! When I returned the car, the person pointed to a long scratch at the front of the car and said she would have to keep the deposit to access the damage. I wasn't aware of the scratch but since I did not check I don't mind forfeiting my deposit or rather I cannot contest their claim, but now they are asking for more money?!?!

Edited June 24, 2012 by geortec13
N

[maroondevo52]

Have to admit this sort of thing I don't know much about but you should get some advice shortly from users a bit more clued up on this.

[Bang!]

"CC surcharge" is normally the fee paid for using a card rather than cash - although (such as with Ryanair) is payable even if there is no cash alternative. Often the surcharge is far higher than the amount the company actually pay for you using your card, so is just another means of increasing profit.

 

Sadly "damage" to hire cars is pretty much an established racket, pushed further with strange interpretations of CDW and further insurance policies to cover excesses. The Guardian has been featuring problems with this very frequently for a couple of years now (including suggesting some of the major UK rental players should be avoided).

 

http://www.guardian.co.uk/money/2012/jun/15/holiday-car-hire-10-ways-avoid-being-ripped-off

 

Its unlikely you will be taken to court for £129 in Scotland. This is due to there being no expenses awarded for Small Claims cases under £200 that are defended. So as the company would probably require a solicitor to appear upon their behalf, then IF YOU OFFERED A DEFENCE and lost there would be no fees - so a max of £129 to cover the solicitors fees and the cost of raising the action, makes it unviable.

 

The two risks here are you annoy the company, and its small enough to send someone in for the case, or that you do not offer then present a defence at the proof (when the judge decides the outcome). Entirely unworthy defences count as not offering a defence. From memory this removes expenses from the Small Claims scale and places them on "assessed expenses" which are very considerably higher.

 

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/What%20is%20a%20Small%20Claim%201%20December%202009.pdf

[geortec13]

"CC surcharge" is normally the fee paid for using a card rather than cash - although (such as with Ryanair) is payable even if there is no cash alternative. Often the surcharge is far higher than the amount the company actually pay for you using your card, so is just another means of increasing profit.

 

Sadly "damage" to hire cars is pretty much an established racket, pushed further with strange interpretations of CDW and further insurance policies to cover excesses. The Guardian has been featuring problems with this very frequently for a couple of years now (including suggesting some of the major UK rental players should be avoided).

 

Its unlikely you will be taken to court for £129 in Scotland. This is due to there being no expenses awarded for Small Claims cases under £200 that are defended. So as the company would probably require a solicitor to appear upon their behalf, then IF YOU OFFERED A DEFENCE and lost there would be no fees - so a max of £129 to cover the solicitors fees and the cost of raising the action, makes it unviable.

 

The two risks here are you annoy the company, and its small enough to send someone in for the case, or that you do not offer then present a defence at the proof (when the judge decides the outcome). Entirely unworthy defences count as not offering a defence. From memory this removes expenses from the Small Claims scale and places them on "assessed expenses" which are very considerably higher.

 

 

Thanks for your reply!

 

The only action for the company then is to file a small claim?

 

However, the company does not have my full name or full address,

would they still be able to file a small claim?

 

Also, , as I will be moving address in 2 weeks time,

I wouldn't be able to receive the legal documents,

and hence I would be absent from the case and I would automatically lose the case and have to pay much higher expenses?

 

In fact, I wouldn't even know if the company files a claim against me.

 

Should I have to notify the company of my new address?

 

Although I call it a company,

 

so far it seems to be only run by 1 person with a few others.

 

I am not sure I want to give them my new address because I'm afraid they are not a legitimate company and will come and harass me.

 

But then again, I do not know how to verify whether this company/shop is legitimate.

Edited June 24, 2012 by geortec13

[dx100uk]

search companies house if you thnk them dodgy

 

dx

[geortec13]

search companies house if you thnk them dodgy

 

dx

 

I cannot find their company there. Does every shop/company/individual-run business/privately-owned have to be registered there?

[geortec13]

Does anybody know whether a small claim can be filed against me without my knowledge?

[dx100uk]

i think you ned to name them.

 

i bet if they are dodgy, other will have posted about them.

 

i'm in scotland too.

 

i agree with yousomething dodgy going on here

 

i bet that damage was already done?

 

have you chalenged them?

 

i e PROOF by photos that the damage was not done prior to you taking the car?

 

how did you pay the deposit...spoofed into a cash transaction i take it?

 

dx

 

 

 

dx

[maroondevo52]

dx, don't mince your words

[geortec13]

i think you ned to name them.

 

i bet if they are dodgy, other will have posted about them.

 

i'm in scotland too.

 

i agree with yousomething dodgy going on here

 

i bet that damage was already done?

 

have you chalenged them?

 

i e PROOF by photos that the damage was not done prior to you taking the car?

 

how did you pay the deposit...spoofed into a cash transaction i take it?

 

dx

 

 

 

dx

 

There's just 4 reviews on them.

2 bad (about how they don't return the deposit) and 2 good.

 

All 4 reviews are by users with only 1 post.

 

Cannot find their name on companies house, maybe they are a local garage or small business?

I paid the deposit by cash.

Including the deposit, they have 320 quid (including deposit) from me already,

and asking for 129 quid more for damages.

 

Can I challenge them by asking for photos?

 

I thought it would lie with me to proof that I did not damage the car.

 

When collecting the car, they had me sign a document with a outline drawing of the car and circles here and there, and description of some existing damage.

 

When returning the car, they had me sign a document stating the scratch to the front of the car as well.

 

I wasn't given a copy of either document and was not even given the chance to look through it (stupid of me I know).

[Bang!]

Does anybody know whether a small claim can be filed against me without my knowledge?

 

Its a while since I have dealt with this type of thing - but in the past the procedure was the court papers were submitted without an address, and it was then "Served on the Walls or Court", which meant it would basically not be defended as the defender was unaware of its being served.

 

Presuming you are in Glasgow - if you call 429 8888 and ask for Small Claims, they can tell you all the details.

[dx100uk]

you need to name and shame.

 

if they are a business, they need at least to be tax & vat registered

 

pers, i would challenged them to produce photos or evidence that the damage was not present upon hire.

 

something smells here.

 

dx

[dx100uk]

p.s.

 

i have access to information sources for scottish stuff that others will not have via a contact.

 

dx

[geortec13]

Its a while since I have dealt with this type of thing - but in the past the procedure was the court papers were submitted without an address, and it was then "Served on the Walls or Court", which meant it would basically not be defended as the defender was unaware of its being served.

 

Presuming you are in Glasgow - if you call 429 8888 and ask for Small Claims, they can tell you all the details.

 

Ok thanks for your advice. I think I'll just pay them and get it over with. Its been causing me too much stress and disrupting my life already. I don't want to end up having to pay hundreds of pounds in the future if a claim is filed against me without my knowledge.

[geortec13]

you need to name and shame.

 

if they are a business, they need at least to be tax & vat registered

 

pers, i would challenged them to produce photos or evidence that the damage was not present upon hire.

 

something smells here.

 

dx

 

I shall reply to them to produce a receipt for the repair with the breakdown and produce photos of the damage not being present upon hire. But I suppose even if they deny or refuse to provide, I cannot do anything, because I stupidly signed their contract agreement and the agreement with the description of damages.

Edited June 25, 2012 by geortec13

[Bang!]

I would think its unwise to pay them.

 

Let them show the damage before and after. If they decline to show you, then they weaken their own case - as why should you send money to someone based solely on words (but who then would hope to show more later in court). Ideally a court is for what cannot be resolved externally, and they do not take kindly to there being no attempt to resolve matters before reaching their doors.

 

Dx100UK is right though - name and shame!

 

Also - I am unsure of the details, but there is a procedure where you can be told if there is an action lodged against you. The clerk on the above number could tell you more details.

[stu007]

Hi geotec13

 

Calm down you are getting help and advice on this forum and before you pay them anything you need actual evidence/proof of these costs.

 

So write recorded delivery (alway keep a paper trail) and request the following.

 

1. Copies of the documents that you signed as they failed to provide these when hiring the vehicle.

2. Copy of the Companies Handover procedure to hirer.

3. Copies of photographic evidence of vehicles condition before and after hiring.

4. Copies of the quotes for repairs to damaged claimed.

5. A completed breakdown of the full costs of the repairs.

6. Your companies registration details and vat registration number.

7. Your companies Complaints Procedure.

 

What you need to remember here is that they are claiming these damages against you so your are more than emtitled to basically put then to proof of the damages claims.

 

Put it this way they kept your deposit then had the cheek to ask you for more money without any actual evidence to back this up.

Are the going to contact you in another few days and add another cost without you seeing any actual evidence

and especially since you dont have copies of the documents you signed

which you do need and should have been given copies of at the time of signing.

[platinum]

You can, if you prefer, make a complaint to them that it is unfair - write to them and keep a copy. Get proof of posting (free from the post office).

 

If they do not give you a satisfactory response within 8 weeks you can complain to FOS under the Consumer Credit Act 2006.

 

Once you do that, get it to FOS they will find taking you to court very difficult.

[geortec13]

Thank you to all. I shall do as advised and hope for a resolution.

[sailor sam]

Unless I missed it somewhere, what was the excess amount stated on the rental agreement?

 

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