Hertz instructed debt collectors to get money for a clutch I didn't break

[BankFodder]

What is BVRLA /DVRLA ?

Send an SAR to Herts and also asked the AA for a report. If there is any difficulty then send the AA an SAR.

You certainly won't need a solicitor – apart from anything else, a solicitor will cost you a load of money – and probably won't get you anywhere.

[BankFodder]

Don't have a look into it – simply send them. Do it today.

When the BVRLA had made their decision, had they contacted you for your version?

 

By the way, I wouldn't set too much store by the BVRLA  . They are really just another quasi "ombudsman" organisation which really exists to support the industry.

[BankFodder]

Write to BVRLA and tell them that you reject their findings and you would like a copy of the investigation and all associated correspondence.

In a separate letter – sent on a separate day – because they are incapable of dealing with two issues in single letter, send them an SAR.

So I understand that they have received no representations from you at all. Everything has been done on the basis of what Hertz has said to BVRLA who have formed their opinion on that and the garage report.

Of course we don't know who the garage is – and of course we also don't know anything about the previous history of the vehicle.

I shouldn't be worried about it if I were you – but you may as well play them along and gather as much information as possible. They should realise of course that if they go to court they will have to produce all of the evidence including the history et cetera. It's clearly a try-on

 

They are not filing for bankruptcy in the UK

[BankFodder]

By the way, have you any idea of the mileage of the vehicle when you took possession of it?

In the very worst scenario, they wouldn't be entitled to a brand-new clutch. They would only be entitled to a proportion of a brand-new clutch based upon the mileage which had already been driven on the vehicle.

So if the vehicle had done 50,000 miles in the normal clutch life would be expected to be 100,000 miles, then they would only be entitled to half of value – not the entire value. However it won't come to that

[BankFodder]

Yes you can request an SAR by means of email.

I wonder what the expected life of a clutch on that kind of vehicle – given that is a rental vehicle – would be.

 

I suppose that the most likely scenario is that it has been driven so roughly by a series of renters that the clutch was in bad condition anyway and that it finally failed when it came into your position.

If this did go to court, I think there would be no problem getting a judge to accept that this was more likely than not the case. (The standard of proof in civil cases simply 51% – meaning that a judge accepts that what you say is probably true. This is to be compared with the standard in criminal cases where the jury must be absolutely satisfied – beyond a shadow of a doubt)

[BankFodder]

You can certainly use it as part of the chain of emails – but you will be better off sending it is a separate request because their brains get in a tangle if they have to deal with more than one thing at a time

[BankFodder]

18 hours ago, dx100uk said:

no don't ever counter claim... esp in small claims as it takes the gloves off over costs.

 

2 minutes ago, Manxman in exile said:

 

Thanks - I didn't realise that!

 

lupin3d - ignore my counter-claim suggestion and listen to the others, not me...

actually the site team has been discussing this and we have decided that this only happens very rarely and if there has been a counterclaim based on data protection and even then rarely

don't worry about counter claiming. If you do then it's fine. However let us see everything first

 

[BankFodder]

I'm trying to refresh my memory as to this thread.

I understand that you haven't actually paid any money so that you're not out of pocket, you are simply dealing with threats in respect of an allegation that you damage their vehicle.

In that case all you are doing now is that you are accumulating evidence and making sure that if they decide to move this forward to a claim, that you are well prepared.

Bide your time in respect of the SAR from Herts.. Don't bother to send them reminders. They may commit a statutory breach of duty – what's the point in helping them out?

Go through the disclosure that you had from BVRLA. Make sure that you understand its contents and try to understand if the you think that there is anything missing. Make sure that it's all properly organised and then just bide your time.

Keep us updated if you get anything more or any more threats

[BankFodder]

Well I suppose that when push comes to shove, they could try to leverage that against you on the basis that you would have needed more clutch work to get the van going.

You had better factor this possibility in to your thinking when you are dealing with them

[BankFodder]

As you are not out of pocket, I think I would do nothing about the breach of data protection regulations – but simply store it up so that if they come back at you, then you can raise the issue and challenge them.

Did you get any information about inspections et cetera? You received a response to one SAR. What did that produce?

[BankFodder]

Well this is an excellent disclosure. It makes it clear that they have no idea of the timeframe. They talk about misuse – which is clear that it must've been misused and of course importantly they make it clear that the failure of the clutch plate would have been sudden. Well that's to be expected but also it suggests that there was no reason for you to suspect anything until he actually went.

I suppose that it's a bit like dying. You can have an illness for weeks but the very moment of death is going to be sudden. One second you're alive – the next second you're dead.

I think the information you have here doesn't prove anything for them at all and of course it would be for them to prove their case – not for you to disprove it.

Very interesting that they're not able to get the clutch condition report. It's amazing that it wasn't uploaded and that they sent the sole copy to this person "Chris Ward". I wonder who that person is.

Anyway, even more, I think that there is no particular reason to worry even if they pick it up again and start to chase you – which I suppose is fairly likely

[BankFodder]

I think it's probably best to reply to them so they don't think that you are an easy kill.

I think you should go and tell them to do something very rude to their grandmother

[BankFodder]

You can also tell them that your dispute is with hertz and you are not prepared to have any further correspondence with them.

[BankFodder]

Apart from the fact that it is French, I'm not too sure that I have gathered the significance of it

[BankFodder]

They would have to start off with a judgement in the UK.

I hope you're not starting to get rattled by this

[BankFodder]

 

 

Quote

Dear Sir/Mdm

Thank you for your letter of XXX date reference number XXX.

Just so then we understand each other, there is not even a snowflake's chance in hell that I am going to pay you any money or to your clients.

I'm not responsible for the clutch damage and it is naïve of your clients to say so and it's naïve of you to take up this case on their behalf.

If you want to begin a legal action in the English County courts then go ahead.

In the meantime, I would point out that I requested a statutory disclosure of personal data from your clients on XXX date and they still have not complied.

Maybe you would like to deal with this breach of statutory duty by your clients.

Auf wiedersehen

 

 

[BankFodder]

And by the way, I'm not kidding.  All of it