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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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Rentalcars.com Employee Error Ignored by company


Soundguy
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Having been a loyal customer over a number of years every time I wanted to hire a car on holiday.

 

When we were needing car hire from Stuttgart Airport to take us down to the Black forest I contacted Rental Cars. Com for a quote.

They quoted a price I found acceptable and booked our hire car, this I found was through a supplier called Europcar.

 

When we arrived at their airport rental desk the lady spoke poor English and after between us completing our hire agreement, she drew on a map to direct us to find our car a long walk away across the airport dragging two large cases and two cabin cases.

 

I had requested a Sat Nav which I found still talking to me in German! I managed as it was built in to find a way to switch the language to English and we set off for our booked overnight stay in Stuttgart. After breakfast it was time to head off to our apartment in the black forest, and as we got onto the A8 and started to travel faster I noticed a smell of burning from the boot area but decided as it didn't get any stronger it may be the cat exhaust as I had not driven this make of car before.

 

Fast forward to 2 days later now in the Black Forest this smell appeared again so I decided best to ring and tell Europcar of my smell and concerns of was this car safe to drive. The supplied number rang and was answered by a recorded German message which I didn't understand and after repeating it I was disconnected! So I left it and continued driving on our holiday and the smell again vanished. The day before we were due to leave the smell returned in the evening as I parked up.

 

The following morning I went to the car to load the luggage in and couldn't open it, so this time I searched the internet for another number for Europcar. Rang it got answered and after finding some one who spoke English reported my problem and was told I needed to ring the other number as I was speaking to sales. When I explained he told me he would call them explain and get them to call me by someone that spoke English. They rang told me to remove a plastic handle insert so I could open the car with the key.

 

Luckily I tried to start the engine as it was the battery that was dead, so I was told a local garage would be sent. One hour later this non speaking german man arrived started the car with a machine and passed me a piece of paper saying follow me to garage to check car!

When we got to garage the owner appeared saying how you paying please? I told him to call this number which he did after asking us to both get out in the cold, and sitting in the car while he rang, he pushed a number before it disconnected him and he said will call back? After what seemed to be ages standing in the cold his phone rang he spoke in German he got out the car said ok and walked away. So we left and travelled back down the A8 to Stuttgart airport with this smell of burning still.

 

I took a safety risk assessment not to go into a garage to bring the hire car back to full as it was meant to be returned.

 

When we returned the car again I tried to tell the guy there was a fault and not to hire it out again before it had been checked but he didn't understand and just said ok go? I immediately rang Rentalcars.com to tell them of the problem and why i had not refilled the car and to contact Europcar urgently. I was requested to put all this in an email on my return which I did?

Fast forward to three weeks later I am given a one day rental refund and told over the phone and confirmed by email that there would be no further charges due and the matter was now closed by Europcar so there would be no need to change my credit card number Europcar had.

 

Three months later Europcar charged my credit card £83 which is for fuel and a penalty charge for returning the car not full as per their contract!

After again contacting Rentalcars.com and sending emails too and throw I have never been given that money by either Europcar or Rentalcars.com so needless to say I am no longer a customer and I wanted to share this to warn others as this is a story that couldn't be made up I promise you!

 

Thank You Soundguy:shock:

Edited by Andyorch
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What about a section 75 supported by the email from rentalcars.com?

Your contract was with them, so most likely they took the money in the first place.

You did sign a hire contract at the airport with europcar, but you had already paid for the rental if I understand correctly.

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No it was Europcar that I paid with my credit card in Stuttgart Airport, which is how they still had my credit card details to rob me 2 months later after posting out an invoice stating the balance on this hire is now zero? If only I spoke German? Sorry if I confused you John

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To have an summary idea of what the documents say, the online translators help.

But many times words are translated literally and don't make sense.

I used the online translator last week to understand how to use a German made touch up kit (car paint) and the translation didn't make much sense.

I ended up asking a German friend to translate.

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Could you ask your friend if they would be prepared to write an email in German translating what I write in English so I could send it to Europcar please.

Surely if they understood what I have been subjected to in my car hire they wouldn't keep my money? Just have a language barrier? John

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No need to write in german. Send it to europcars Head office and let them sort it out. Plenty of people speak and write in english there.

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

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