Jump to content


  • Tweets

  • Posts

    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1881 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

We had a hire car for three days last week, Monday 18th August until Thursday 21st August.

 

They delivered to our house, and picked up on Thursday 21st.

 

Today we get a letter claiming a "£500 damage surcharge" - and an admin fee.

 

The car was absolutely not damaged when their driver picked it up. I am also annoyed that they did not tell us for over a week.

 

What can we do?

Share this post


Link to post
Share on other sites

They usually check a car for damage when you return it, or in this case when they collected it and sign it off. Did they not do that in this case?

 

Whenever I've hired a car, they've always gone over every inch of the bodywork with me, on collection and return.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

No, they did not sign it off, they just asked for the keys, said that the "fuel deposit" which I had to pay in cash would be returned as a cheque if the car was full, but it had to be checked at base, and then they left. As it was the RAC who were the actual hirers of the car I was not that worried, as I assumed that the paperwork would go to them?

 

However, I would expect them to point out any damage at the time, how do they know that their driver did not do the damage? And is a flat fee of £500 reasonable?

Share this post


Link to post
Share on other sites

Thier £500 charge will be in their terms & conditions somewhere I've no doubt. But I think you might have a case to say that if there was any damage to the vehicle when their driver came to collect it, then their driver would have noticed. Which would give you cause to believe that the damage to the vehicle has occurred between the time it left your possession and it being returned to them. Ask them to prove that the damage was on the car before their driver collected it and thereby prove that it was not their driver that caused that damage.

 

Be warned though, if they have any details of your credit card, they may try to charge the card. If they do, it might be an option to phone your bank and say that your card is damaged and ask for a new one (usually takes a couple of days to arrive), but that will mean that (possibly) the card number will be different (depends on which bank) and the CVC code will be different, meaning that they won't be able to charge the card as they'll have the wrong details.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

if they've no photographic proof they are stuffed?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

if they use CPA changing the card does not work.

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
if they use CPA changing the card does not work.

dx

Wouldn't that depend on the card issuer? I bank with Nat West (for example) and whenever I get a new card, it's a completely different CC number. I'm guessing that can't charge a card that no longer exists.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

you have to be careful

usually on a credit card yes

on a debit card - no

 

 

its an old wives tail

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

A CPA is tied to the bank account. NOT the card.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

They do not have a credit card, as we are not the hirer of the car, and they asked for the "fuel deposit" in cash.

 

I assume that asking them for photos actually taken on our drive would be reasonable?

 

 

Given that the hire was arranged by the RAC, would it be a good idea to complain to the RAC as well?

Share this post


Link to post
Share on other sites

If your debit card is issued under the Visa scheme, then you need to ring them direct.

 

Your Bank couldn't care less about you, after all, you are only a customer.

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Share this post


Link to post
Share on other sites
They do not have a credit card, as we are not the hirer of the car, and they asked for the "fuel deposit" in cash.

 

I assume that asking them for photos actually taken on our drive would be reasonable?

 

 

Given that the hire was arranged by the RAC, would it be a good idea to complain to the RAC as well?

 

Yes, you definitely need to get the RAC in on the act, (with all due respect) they'll have a lot more clout that you ever will with companies like these. I personally don't think that Europcar have a leg to stand on without proof that you caused the damage, which they could only get by checking the vehicle (with you) when it was delivered to, and collected (at the point of delivery & collection, not some time later to suit them).

 

You'll probably have a bit of a fight on your hands to get your fuel deposit back though, it certainly sounds like Europcar are going to want to play hardball. And, although it pains me to say it, it might be worth considering writing that off as a loss. Chasing after them via the court by way of a county court claim may result in a counter claim for the damage. And whilst I think you'd win, it might not be worth the trouble.

 

If however they decide to take you to the county court for the £500 "damage" then you counter claim for the fuel deposit plus any expenses incurred for defending their claim. And I still think you'd win as they'll have no proof that you caused any damage (which of course, you didn't).


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...