Enterprise Van Rental - how long can they hold my 1150 deposit before fixing the scratch? ***Resolved***

[Enterprise_2021]

Rented a van Jan 26th for 24 hours to move items during house move.

Didnt take out extra cover as had policy with icarhireinsurance.com - thinking this covered me (it wont) 

Long van, misjudged the wall, and there was a scratch.  Have photos - showed the rep on drop off and as no 1 part of the scratch bigger than their 'damage estimator' he called the manager to see if it should be processed as damage. Manager said yes - so they took 1150 from my credit card. He said it wouldn't be rented out before being fixed, would get it sorted asap and then after repair cost I get the remainder back onto my card (and at the time I thought I would then be claiming that back through icarhire - but was told no) So I understand Ill be charged for the repair - no dent, just minor. There were other scratches and dents on the van that were bigger, and had obviously not needed to be fixed (I videoed the van on pick up) 

Went in over a week later to ask what was happening. Told the van had been rented out and so would be sorted when it was returned on Monday (Feb 8th ) 
I recorded the conversation as I was annoyed that Id been told it would be sorted - and he said that they fix them when they can and that this is in the terms of the contract (have looked, and can't find anything about how long they can keep my deposit until they get round to repairing it) He said he would be having a word with the previous person who had told me it would be fixed before being rented out again.   

I emailed today to say that as the van returned  Monday what was happening. He said '

'The van is currently on rent and the driver has taken it to Scotland! He will be returning it to our Salisbury office on the 26th of February and It will be taken to a Bodyshop on the day it returns to the branch to be assessed and repaired. If the van does get returned early we will be able to commence the repair process quicker! I will keep you updated on the whereabouts and as soon as it comes back down we will get the ball rolling with the repairs. 

 

Please do not worry as you will not be charged any amount higher than the excess we have already taken, should it cost more than £1150 to repair we pay any extra. Likewise, if it costs less that £1150 to repair, the difference will be refunded back to you.'

I could understand if they billed me when they had done it - but they have my 1150 that Im paying interest on, on my credit card, and it will be over a month before they even 'get the ball rolling with repairs'. 

Is there anything i can do? 

Pics - The round mark towards top right is smaller than the circle on the damage evaluator. 

So there are perhaps two issues - whether I should have been charged extra, and the issue of holding my money for over a month before even starting on the repair process (and why were the other scratches on the van not repaired)   
 

 

 

pix.pdf

[Enterprise_2021]

I chose them as I had thought reputable. This branch - Ferndown (Dorset) 

[Enterprise_2021]

I did video and take pics on pre-inspection but quickly - in my conversation with the rep when I went in after a week he said they are allowed to rent it out once after damage.  I had forgotten that.
 
I have asked him for the manager's details - the manager who the original rep sent the pics too, to ask whether to put it through.
Their damage calculator tool is shown, and I had thought according to it that they would just cover it under their regular waiver.  

I will be sending the pics to companies to ask if they can give a rough estimate.  

https://www.dropbox.com/s/drfuor4w2tfd453/damage_0.mp4?dl=0

Not sure if you can see the long scratch and dent on the side - half way up - that seems worse than the wheel arch and yet not fixed. There is another dent like that on the other side.  Both were noted on the van info when I collected it. See drop box video.   
 

Edited February 10, 2021 by Enterprise_2021

[Enterprise_2021]

Sent photos to local body repair shop and he said 'about '190'  (GB pounds - cant find the symbol)

[Enterprise_2021]

Another just replied and said about 150 pounds. 

 

[Enterprise_2021]

That was for my scratch only.  I have just seen your suggestion about other damage on that side.  Will try to find out.  
 

[Enterprise_2021]

I have received this from the 'Damage Recovery Unit'.

 

Good afternoon,

 

Thank you for your email.

 

If it becomes clear that we will not be able to get the vehicle repaired within a reasonable time frame, our billing team will use our matrix costing price list for this claim. This is a list of estimated costs given to us by industry standard approved body shops.

 

We will look to have the claim billed within our 58 day process, however we can hold onto an excess for up to 90 days. We will be able to provide you with updates as they come on the status of this claim.

 

If you have any further queries please feel free to get back in touch.

 

Kind regards,

[Enterprise_2021]

Just received this from Customer Support 

Thank you for your email. My name is **** and I will be happy to help you today. 
 
We do not run any franchises in the UK and Ireland, all branches are part of the Enterprise Rent A Car company. It sounds like you did not have a great experience; if you wish we can raise a complaint against the branch to have the issue investigated. We treat all complaints as a learning process to improve our customer service.

 

If you have need of any further assistance please don't hesitate to contact us 

 

[Enterprise_2021]

Took a while to find the link to terms and conditions - they are as follows:

 

Updated January 2021

RENTAL TERMS AND CONDITIONS APPLICABLE TO RENTALS IN IRELAND AND THE UNITED KINGDOM

 

1. Renter's Agreement with Owner

...

 

2. Rental Period

...

 

3. Use of the Vehicle

...

 

4. Renter's Main Obligations

... 

(b) In case of an accident or if the Vehicle is lost or stolen, Renter is required to do the following:

(i) Renter shall accurately report the accident, theft or loss to Owner as soon as possible by any means and confirm this promptly in writing (email is sufficient) to Owner no later than 1 business days in case of a theft and in all other cases 2 business days, from the moment Renter becomes aware of the event;

(ii) Renter shall report any theft or loss (or where appropriate, any accident) to the police as soon as reasonably possible and confirm this promptly in writing (email is sufficient) to Owner;

(iii) any driver shall avoid admitting responsibility to anyone in relation to the accident unless required to do so by legal process;

(iv) any driver shall request the names and addresses of everyone involved, including witnesses, and provide them to Owner;

(v) any driver shall promptly forward to Owner any notices or other documents relating to any legal proceedings arising out of the accident, theft or loss;

(vi) Renter shall cooperate with Owner and Owner's insurers including responding to requests for full and true information and provide assistance in any matters or legal proceedings including allowing proceedings to be brought by Owner in Renter's name and defending any proceedings brought against Renter; and

(vii) Renter shall return the original keys or any other device which unlocks the Vehicle and/or enables the Vehicle to be started to Owner.

 

5. Rental Costs and other Charges; Additional Services

...

 

(c) Owner may require a security deposit, as stated in the Rental Agreement Summary, at the commencement of the Rental Period which can be used as security for any future claims which Owner has against Renter in connection with the Rental Agreement. Owner will collect this and any other amounts due under this Rental Agreement from the credit card or debit card presented at the time of rental, which will be retained for this purpose unless otherwise agreed between the Parties. Owner will not pay any interest on the security deposit and Owner is under no obligation to hold the security deposit in any account separate from its own assets. Subject to the conditions set out in section 7 and 9, Owner will refund the security deposit and any additional monies taken to the extent that this amount has not been needed to satisfy Owner's claims under this Rental Agreement within a period of 75 days from the date of the return of the Vehicle, or, if the Vehicle is lost or stolen, within a period of 75 days from the agreed end of the Rental Period

(d) Renter shall pay to Owner on demand:

(i) any additional charges as notified to the Renter;

(ii) any amounts not paid by Renter in accordance with section 4(a)(vii);

...

...

...

...

 

 

6. Data Protection Notice

...

 

7. Protection Products

(a) Damage Waiver (DW):...

 

(b) Excess Protection (EXP): ...

 

(c) Roadside Assistance Protection (RAP):...

 

(d) No DW selected:...

 

(e) No EXP or RAP selected: ...

 

(f) Third Party Liability:...

 

8. Termination of Rental Agreement

...

9. Liability

(a) Owner has the sole right and responsibility to repair the Vehicle, and the decision as to whether to repair the Vehicle, and the timing of such repair (and whether multiple incidents of damage caused by different renters will be repaired at the same time), is at Owner's sole discretion.

(b) Renter shall pay to Owner on demand in accordance with applicable law Owner’s costs reasonably incurred when collecting payments due from Renter, including legal fees and court costs (if the court issues a judgment in Owner’s favour).

(c) Renter's liability for damage to, loss or theft of, the Vehicle may be reduced by the purchase of a DW, EXP or other protection products (as available) (see section 7).

(d) In the event of damage to or loss of theft of the Vehicle or a part or accessory thereof from the time of the commencement of the Rental Period up until the time of the Vehicle inspection unless caused through Owner's own fault, Renter may be liable for the following costs, charges and other damages (provided this does not result in Owner being compensated twice for the same loss):

(i) The charges invoiced to Owner by the repair facility for the specific repair of the Vehicle, or replacement of the part or accessory;

(ii) a bona fide estimate of the cost to Owner of the repair of the Vehicle, or replacement of the parts or accessories (as applicable) calculated by reference to Owner's standard list of minor repairs (which has been independently verified and is available upon request) or by an estimate provided by a repair shop. The amount invoiced to Renter for any repairs will be lower than the manufacturer suggested retail price but may be higher than Owner's cost, because the invoiced amount will not reflect any rebates which Owner may subsequently receive from the repair shop or supplier based on Owner's volumes of purchases and long term relationships, and may not include any economies of scale where damage caused by different customers are repaired simultaneously;

(iii) To the extent that any repair does not fully restore the value of the Vehicle, a reasonable sum for the diminishment of value as determined by an independent motor engineer;

(iv) In the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value;

(v) Owner's resulting loss of revenue at the daily rate indicated on the Rental Agreement Summary based on Owner's loss of income of the Vehicle, not to exceed 30 days, provided this does not result in Owner being compensated twice for the same loss;

...

(vii) an administrative cost of £/€ 50 or £/€100 (higher fee will be charged when Owner deems vehicle to be uneconomical to repair); and

...

Details of how Renter can dispute any of the above costs, charges or other damages will be included in the invoice sent to Renter by Owner for any such costs, charges or other damages.

(e) Owner is responsible to Renter for foreseeable loss and damage caused by Owner. If Owner fails to comply with these terms, Owner is responsible for loss or damage Renter suffers that is a foreseeable result of Owner’s breaking this contract or Owner’s failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Owner and Renter knew it might happen, for example, if agreed in writing between the Renter and Owner.

...

(f) For rentals originating in the United Kingdom, the following applies in addition to the above:

(i) Renter is responsible for all charges, even if Renter has asked someone else to be responsible for them. Renter agrees that Owner, having notified Renter, will compute and debit the final charges from Renter's credit and/or debit card (which was presented at the time of rental) if that is the form of deposit or security being used, as shown on the Rental Agreement Summary. All charges are subject to final audit.

 

Edited February 11, 2021 by BankFodder
Cleaned up obviously irrelevant terms

[Enterprise_2021]

Update!

My faith in companies is somewhat restored - the area manager contacted me within 48 hours of contacting customer support regarding my complaint

 

I sent videos and said I was confused by the conflicting information regarding it being rented out already, is now in Scotland etc and that I had quotes from local body shop repairers and so it's  something that could have been done quickly (and probably mobile)

 

She was really sympathetic and helpful, and agreed to my suggestion that they keep 200 pounds and refund the remaining 950 back to my credit card to resolve asap.

I know she didnt need to and that it could have become ugly, and so its restored my faith somewhat, as I said.
I hope these area managers realise what a difference it makes.

I had footage of the vehicle but had also recorded my conversations with staff, which would also help her with staff training (and not a disgruntled customer having a go at staff - their word against mine).

 

I had read at the top of your site a note about recording conversations, which is what prompted me.  It was also a great idea to get several quotes regarding the work.

Even just having s forum like this where we can share experiences and get advice is just brilliant. I felt supported. So Ill def be donating through paypal to say thank you for the support, and

 

Im really glad I was able to resolve this amicably with the Enterprise area manager Lisa.

 

I wasn't expected someone to actually listen to me, and resolve this within a few days. I have seen that the Ts & Cs say they can hold the money for 75 days (it may be 90) And also hefty admin charges, and potentially a much more expensive repair. 

So thank you - and if they ever see these, thank you to Enterprise for having area managers who actually want to resolve issues. 

And I will always take out the excess protection in future - although my policy with icarrentalinsurance would have covered me had I included vans! The lesson is to always be covered - this could have been far, far worse. And take lots of pics and videos so everything is clear.