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


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so... I am back again :) 

 

quick recap: I rented a van using Hertz; the clutch burned out after only 6 miles; Hertz tried to get £850 from my c/c (thankfully I used a virtual one); a debt agency sent me a letter asking to pay £1000+ that ignored.

 

30 days ago I requested an SAR to Hertz and, so far, I have not received anything (no via post nor via email). As far as I know they are obliged to fulfill my request and I don't want to send them a reminder. Can i open a complaint to the ICO? do you advice me to to that or should I wait more time?

 

Thanks,

 

L.

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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?

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I received a SAR from BVRLA and it includes an email trail with Hertz about my case. Few points I noticed:

 

[...]

This is the only image we have of the clutch. The clutch condition report unfortunately was not uploaded to the job
because it was sent to Chris Ward who is currently on furlough.

 

But as you can see from the condition of the clutch cover and the lining on the friction plate it has been shredded off
the rivets of the plate. This kind of damage would not occur under normal driving conditions.

[...]
Concluding summary statement based upon cause of failure. Reference should be made to the time frame in which the damage / failure occurred

 

It is likely that the clutch has been misused but it is not possible to provide a time frame. The final
failure of the clutch drive plate is likely to have been sudden.

[...]

 

I asked, together with the SAR, a detailed report of the van before I rented it but I didn't get any response (yet).

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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

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  • 3 weeks later...

hey... I am back again.

 

I just got an email from the debt collection agency

 

(SkandicInkasso - http://www.skandiconline.com/) asking the following:
 

We ask you now to pay the claim of 1,230.12 € quickly, within 7 days (until 12.11.2020).

Due claim:

Main claim: 1,001.53 €
Interest: 44.09 €
Costs: 184.50 €
Total: 1,230.12 €

 

Do you suggest to ignore this email altogether or to reply telling them I won't pay unless they take me to court?

 

Thanks,

 

L.

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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

  • Haha 1
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You can also tell them that your dispute is with hearts and you are not prepared to have any further correspondence with them.

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who is their stated client 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

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only the client can do anything and that would have to be a uk claim.

can't find any at all for these supposed car hire debts.

 

block and bounce all mails

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was looking on their website and I found:

 

[...] SkandicInkasso can be of assistance in monitoring the debtor with its long term surveillance system. [...] from https://www.skandicinkasso.de/en/products/legal-debt-collection/

and [...] Common garnishment of accounts and wages is here possible, as well as furniture execution, the registry of equitable mortgage and the blocking of other assets like life insurances and properties [...] from https://www.skandicinkasso.de/en/products/compulsory-execution/.

 

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

 

I am curious to know what information they have about me... I might send them a SAR

Edited by lupin3d
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They would have to start off with a judgement in the UK.

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

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doesn't matter what 

37 minutes ago, lupin3d said:

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

no never in the uk with or without a judgement..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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