Hire Vehicle - Disputed Damage - Any Comeback?

[experience]

Approx 5 weeks ago i hired a small van for 7 days from a nationwide rental company, when i went to collect the van they gave me a large van however i only needed a small one and asked if i could have a small one as requested.

 

They had a small one however it hadnt been cleaned inside or out, i said this wasnt a problem and i didnt mind. The person booking the van out, asked me to sign his PDA and said he made a note that it hadnt been cleaned and gave me the keys and i drove off - the vehicle wasnt examined in my presence (they normally walk around with you noting any scratches/damage but this didnt happen)

 

On return, the van was inspected by the person who booked it out and a couple of small dents were found on the sill. Because they were very small dents and the vehicle being dirty i hadnt even noticed them - however when the area was wiped clean you could see them. I am pritty positive they wernt caused by me and i have no idea how the sill could get dented.

 

The supervisor said as i had signed for the van i was responsible for the damage, he then said he'd get a quote for the damage that week by an independent garage and call me back and they held my £250 deposit. I told them i disputed the damage and it should be a 50 50 split on the repair as the van wasnt inspected in my presence which is their negligence, and i signed for the van without inspecting it which was my negligence - however he said as i had signed for it then it was my responsibility.

 

He never called me back at the end of that week, so i called him - the quote hadnt come back but he'd have it the following week and let me know. I waited a week & he hadnt called so i called him and again they hadnt had a response for the quote, again he'd call me back to which he never. I then waited a further 2 weeks and called him yesterday to find out the damage has been repaired and cost £300. I asked him to email me photos of the damage, and a receipt for the repair and an invoice to charge me the £300 - however 48 hours later he hasnt.

 

Where do i stand on this? They also carry out body repairs - where do i stand if they have repaired it themselves? I'm sure it would have cost half the amount at a small bodywork repair garage. How would i stand if i took them to a small claims court for them to pay half the repair cost?

 

I'm thinking of requesting in writing:

 

1. all damage reports / repairs for the vehicle
   
2. photos of the damage i apparently caused (i should have took a photo but didnt have my camera phone with me at the time)
   
3. 3 independant quotes for the damage (i think they only got 1) including all email correspondence regarding the damage
   
4. receipt for the repair work
   
5. invoice to me for £300
   

[vax2002]

as you were not given a written copy of the contract they claim you signed, its a bit of a dodgy area they are playing in to.

I dont really see how they can claim signing a pda means you have considered terms and conditions they later provide in writing.

I would issue them with an invoice for the deposit, followed by a notice before action and then county court proceedings where you ask for an order for the manager and directer to be questioned under oath with regards to the damage, to produce all paper work regarding to inspections on the vheicle and details of any other claim.

If as you suspect they are taking the proverbial they wont risk jail by perjuring themselves and quite often a paper trail will exist that shows the damage was already present.

failing this, you can attack the contract, only what is in writing above your signature is usually considered, I am not so sure a pda signature would stand.

[raydetinu]

IMO you should of inspected the vehicle before signing anything, to satisfy yourself all was in order and know damage!

why did you not take out CDW insurance that would covered this or other damage while in your possession.

I am pretty sure their terms and conditions would state that if you sign for it, you accept all is good order.

your only recourse would be try and claim it back from your CC if you paid that way or take them to court.

you are perfectly right to request photo or documentary evidence regarding the damage and repair, which if they dont will help your case if you take them to court.

[queensclose]

if the dirt on the vehicle hide the damage. them ask your card provider to recall the payment. send the the company a letter explaining the dispute and if they wish to dispute it. they are welcome to use the courts

[experience]

Just a quick update, sent a 14 day letter before action asking for my deposit back and detailing their errors.

 

I received a call from the branch manager, and as the vehicle hadnt been cleaned or inspected he'd refund my deposit

[raydetinu]

cool, well done.

hope they do what he says.