Oz claim / debt from hire car incident - can it be pursued in UK?

[olgaedney]

I'd be really grateful for any advice. I'm currently living in Australia but am returning to the UK in about 7 weeks.

 

Recently, I had an incident with a hire car and am now being pursued for $30k by the hire company as they believe I was outside T&Cs. I'll keep all that short as it's not really relevant but I strongly dispute the fact that they wrote off the car and also that I am outside the T&Cs. However, they are not being very cooperative in terms of discussing and I fear that I will be leaving the country before any agreement is found. I'm trying to understand the range of options, including worst case.

 

One option I'm considering is to write to them before I leave, with a cheque for $5k (repair amount estimated by Toyota mechanic) in full & final settlement.

 

I have read all the great advice re companies pursuing Oz debt in the UK and the limitations of that. Most of that seems to be about credit cards and where the individual has signed up to a credit agreement. I guess this is different - the hire company is claiming against me for money. When I return to the UK, what happens? Do you they have to pursue their claim in the Aus courts, and maybe then try to transfer it to the UK under the Reciprocal Enforcement Act, or could the hire company (multinational) simply pursue me from their UK office? For supporting info, they don't actually have a UK address for me (neither do I yet!).

 

I'd be very grateful for any help. I want to get this settled before I leave but I want to pay a reasonable amount.

[unclebulgaria67]

They can get an Aussie court judgement and transfer to the Hight Court in the UK per the reciprocal act if they want to. There have also been attempts by Aussie creditors to go directly to UK courts.

 

I am guessing that you used the car outside of the 'usage conditions' set out in the hire terms. Some of the outback roads in Australia can be very difficult to travel on and accidents are pretty common.

 

If you have a chance to do so, I would suggest that you register a formal dispute in writing by registered post. In the letter you should provide full details of the dispute. You could contact Australias version of the AA/RAC and they may have be able to provide advice. Also with any Insurance for the hire car, was there any legal helpline or legal assistance cover. If so they may be able to help.

 

What you should not do, is leave Australia without registering a formal dispute or taking advice there. It will be much more difficult to do this from the UK. Also if they attempt to take this to court, you would then have evidence of having disputed the matter in writing, which should prove very helpful.

 

I would not pay them $5k at this stage. That is admitting liability and they will pursue you for the rest.

[olgaedney]

Thanks Uncle B - good advice. I am waiting for their formal claim and will do as you suggest when I get it.