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KUICK CAR HIRE LTD are Hire Car Company wrongly used my Details - Hit and Run and MCOL Claim


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Hi there.

I am currently being sued by a hire company that I have used previously in the past. I had rented a car from them some time ago but it seems they are using my details now. It is not really much of a hire company, more like a small family outfit with just a guy and his son with a small office who rent a few cars out.

I have received a letter from police regarding a hit and run on a car I have never rented. Spoke to the hire company and it seems they are doing stuff on the side.

 
I had no involvement in the incident, nor did I hire the vehicle involved in this incident. The hire company passed my details on to the police when they were requested for information despite the fact that I did not hire that vehicle from them. I believe that they had kept my details from a previous time I had hired a vehicle from them in 2020. I believe they used this to information from a previous hire agreement to pass liability on to me.
 
They have since sent me a pdf of the hire agreement they had with another person on the dates of the incident and have told me that this was the person who actually hired the vehicle. Additionally the pdf they sent me was not signed by either the hirer or the hire company so I am a bit suspicious they plan to pass this along to someone else in the same way they've done to me.

I have just filled out a response to the police letter filling in the info section that I was not the driver and putting the information that the hire company gave me of the "correct" details of the person who hired the vehicle. I have also included a hand written letter explaining the situation that  I was not involved in the incident nor was I the person renting the vehicle. I just sent the response to the police a few days ago regarding this.
 
Additionally, and probably even more surprising given the activities these guys are undertaking, they have sent me a MCOL claim for +£10k for this accident they are trying to pin on me. They have included cost of premium, insurance, repairs and time off the road. Absurd seeing as I did not hire the vehicle from them.

Hopefully the police issue is sorted out with the info I sent them, although I do worry that they won't accept the hire agreement the company sent me as it was not signed by the hirer or the company, but that is a question for later when they respond.

Regarding the MCOL claim, I do not know what I should do. The son at the hire company (who is the guy who sent me the copy of the hire other hire agreement) is ignoring me and the dad at the front desk is claiming he does not have information on what his son may or may not be involved in. This is all becoming stressful. I am not sure whether I should counter claim, defend or can just inform MCOL that this is a claim that I should never have been dragged into.

Any advice is welcomed. Thanks.
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Hi.

 

People who know more about this than I do should be along later, but if it would help your case, can you prove you were somewhere else when the accident happened? Cash point withdrawals, credit card receipt, appointments and so on?

 

HB

Illegitimi non carborundum

 

 

 

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First of all you should send them an SAR. Do this straightaway. They must be registered on the data protection act.
Secondly, visit the website of the information Commissioner's office and see if they are actually registered.

Thirdly, please can you put up the claim form to have received so we can see it. In PDF format please.

You say that they are suing you for over £10,000? This would put them – and you onto the fast track which means that somebody will be liable for costs if they lose the case.
Start keeping a detailed note of all the time you spend on this. I do mean very detailed – start the spreadsheet and log times dates et cetera that you spend any time researching this including the time you spend on this website.
Assuming that you win then you will be able to claim your litigant in person costs which are about £18 per hour at the moment.

Post up the claim form. It's pretty urgent because you will need to respond quite quickly.

 

Also, I see that they apparently sent you the PDF agreement involving some other person.
Please will you post that up here – in PDF format.
You say that they have told you that that person is the hire of the vehicle – in other words confirming that it is not you. Have they done this in writing?

Are the police aware of this? Are the police continuing with their investigation of you?

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@honeybee13 Hi there.

Unfortunately not.

 

Apparently the incident was supposed to have happened on 4th Feb 2021 at 6 something in the morning. I was probably asleep at that time. Card transactions are on the statement on the 4th Feb but are from 3rd of Feb when the transactions took place. Nothing on the 4th of Feb.

 

Although I had another car hire during that time so it would be absurd to even claim that anyone would rent multiple cars concurrently for months at a time. On top of that, whilst going through my statements, there was no payment to these guys so there is no way they'd rent a car to someone without paying a deposit or the rental fee. It's nonsense.

 

@BankFodder Hi there pal.

Will check to see if they have a website now.

 

Not sure but worried that if they'd go to the lengths of  to the police they'd try to hire agreements with myself based on an old on. What they won't be able to do is provide any evidence that they took any deposit or payment from me for that vehicle or any vehicle for that matter in the time leading up to the incident. I will see about sending the SAR to them.

 

For the Claim form, I didn't know how to turn it into a pdf using my phone so I've taken photos of it and removed my identifying information.

 

Total costs for the Claim are 10110 including 410 for Court Fees, so not sure if it's really considered as 10k or not With regards to time, I will start a list now on notes. Thanks.

 

I have attached the document they sent me regarding the other driver. I have removed some of his identifying info as well as he may be just another victim of these guys. The document isn't signed by anyone.

 

when the police letter came I phone the son who's number I had multiple times and he told me it's ok, don't worry, he will sort it etc. Eventually he stopped answering my calls, I sent him so many texts telling him to answer etc.

 

Eventually he answered I yelled at him for using my details like that then told him I'd report him to the police if he didn't fix this. He said there must have been a mistake and that he knows someone else was hiring the vehicle. He then sent me a message on my phone with the details of the person who he claims was driving but does not put anything else in writing regarding this. I then use this to submit the information to the police regarding the incident.

 

I don't know what the police are doing about this. I attached the document they sent me regarding the driver (albeit it is something with no signature that they could have put together themselves) as well as another attachment with a hand written letter explaining the fraud I believe they are committing on me as I did not rent that car from them.

 

Might have to just go to a local police station and file an official report on these guys and their  response to the police fingering me out and using that to send me a Claim form.

 

How can they do this if I did not go into their office since my last rental from the more than 6 months ago, I didn't sign any hire agreement  I didn't pay them a deposit or rental fee? There is no reasonable explanation how they can claim they gave a car to someone with none of the above. It's absurd.

 

thanks for the responses everyone.

 

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Would like you to post it in PDF format please. If you use the app Adobe scan then you will be able to do this. There are other apps which can also produce single file multipage PDFs.

 

Also, we only need the first page with the claim details on.

I'm sure that we can help you with this but if you want our help then you will have to help us by finding out how to put your documents up in PDF form. I expect there will be other documents that you will have to put up as well so start downloading the necessary apps if you don't have a scanner.

You can get an excellent scanner for £49 from PC World

 

The images you have put up a very poor quality. From what I managed to understand the claim form, it is wrongly calculated in effect they are double calculating because they are apparently claiming for the excess and separately they are claiming for the cost of the accident et cetera. Of course the excess is intended to protect hire company from the consequences of accidents and so all of those expenses should be deducted from the excess.

This means that the claim, properly calculated, should only be about £4000 or so.

Please can you post up the claim formparticulars of claim in a proper PDF format.

Also, you say that you have posted up the details of the other driver – I have noticed that. Please can you post that up in PDF format as well.

 

You say that you will "see about sending them" an SAR. What is there to "see" about it? You should do it and the SAR should be sent tomorrow.

Also, you should return the acknowledgement of service to the court with intent to defend.

Do this tomorrow and please come back here and confirm that this is done as well as they SAR. We are not in the business of "seeing" about doing things here.

Also, documents in PDF format please

 

Also I now notice that you say that you have received a text message confirming that you were not the driver of the vehicle.

I hope you have kept a copy of this. Are you able to save it somewhere else and also could you please reproduce it here. I expect there is a short message so you can simply type into a quote box

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Thanks mate. It seems the images did not upload. Let me try again. I have converted it from image to pdf. Also I covered some of the information of the other guy as he could also be a victim in this so wouldn't be fair to have his full address and name all over the internet.

 

Hope this is ok now. Thanks again.

KUICK judge CAR SELF DRIVE HIRE AGREEMENT copy.pdf

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Quote
ch-logo.png

KUICK CAR HIRE LTD
09106051

Created: 14 April 2021 22:19:14

Companies House does not verify the accuracy of the information filed

Overview

  • Registered office address: 3 Osborn Gardens, Mill Hill, London, NW7 1DY
  • Company type: Private limited company
  • Incorporated on: 27 June 2014
  • Status: Active

Key filing dates

  • Accounting reference date: 30 June
  • Last accounts made up to: 30 June 2020
  • Next accounts due: 31 March 2022
  • Last confirmation statement date: 18 June 2020
  • Next confirmation statement due: 2 July 2021
  • Last members list: 27 June 2015

Nature of business (SIC)

  • 49320 Taxi operation
  • 77110 Renting and leasing of cars and light motor vehicles

Previous company names

Previous company names
Name Period
SHAMA SYAL LTD 18 August 2015

People

Officers:
1 officers / 0 resignations

  • Director SYAL, Alexander ACTIVE
  • Nationality: British
  • Appointed: 27 June 2014
  • Date of birth: January 1978
  • Correspondence address: 3, Osborn Gardens, London, United Kingdom, NW7 1DY
  • Country/State of Residence: England
  • Occupation: Sales Man

Persons with significant control:

1 active person with significant control / 0 active statements

  • Mr Jamal Syal ACTIVE
  • Correspondence address: 3, Osborn Gardens, Mill Hill, London, NW7 1DY
  • Notified on: 6 April 2016
  • Date of birth: January 1978
  • Nationality: British
  • Country of residence: England

Nature of control:

  • Ownership of shares – 75% or more
  • Ownership of voting rights - 75% or more
  • Right to appoint and remove directors
  • Has significant influence or control

 

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Thanks for the PDFs. I'm afraid that you have not posted up the particulars of claim of the claim form document. That's the important part that we need to see.

Please can you post up the particulars of claim – the first page of the claim form in PDF format

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  • BankFodder changed the title to KUICK CAR HIRE LTD are Hire Car Company wrongly used my Details - Hit and Run and MCOL Claim

No I meant see as in see if they are properly registered and can be SARed. I will send them an email with the SAR to the email they have on the hire agreement form they sent of the other guy.

 

I will also acknowledge the claim and my the intent to defend.

 

The message from the son did not respond with words but he sent the policy to me on there. in writing all you could see is me telling him to answer multiple times and then him finally sending me the agreement for someone else. I have not deleted it.

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It doesn't matter whether or not they are registered. Send them an SAR. Do it straight away.

When you referred to "the message from the son…" Are you referring to this text message?

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Sorry. I thought I attached the claim form. Here it is again

 

Oh and also yes, the guy who sent me the text is the Jamal. I think Alex is his father. I believe this Jamal guy is doing  stuff behind his father's back and his father is just processing it not knowing. I can't explain otherwise why they would send my details to the police, then Jamal tells me to use this other guy's hire agreement to show the police it wasn't me, then Alex to send a MCOL to me.

 

I sent this Jamal numerous texts telling him to answer because he started ignoring me after I first questioned why I am receiving a police letter for a car I never. After numerous texts sent to him he finally answered and told me not to worry then told me he would send me the details of the person who was hiring the vehicle. Verbally. He then texted me the pdf of the hire agreement with the other guy.

 

claimform.pdf

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Okay well don't worry. It's unlikely to be fraudulent. It's probably simply stupidity and disorganisation.

Anyway on the basis of what you say, we'll draft a defence for you and see what happens.

In the meantime, you are sending off the acknowledgement – that can be done tomorrow.

Send them an SAR – which they probably won't respond to which will put them in breach of the data protection act. Also they may not have registered with the information Commissioner – and that will also put them in breach. I asked you to check this up – have you done that yet?

The SAR won't produce anything interesting, but on the other hand if this does go further then the more breaches and mistakes you can show them to have made, then the stronger your position becomes. If it comes to it you can even mount a counterclaim for a little bit of recompense.

Please confirm tomorrow that you have done the things that I've asked

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Hey there. I checked on the Information Commissioner website and used the company name and registration details above but nothing comes up.

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i have posted the claimform 3 posts up

don't use the form for AOS

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.

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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Please follow the steps outlined by my site team colleague above and let us know that you have sent the acknowledgement.

 

Once you have registered with the County Court website and send the acknowledgement, you will use the same website to send off your defence.

 

7 hours ago, Bergy10 said:

Hey there. I checked on the Information Commissioner website and used the company name and registration details above but nothing comes up.

 

This is not surprising and they are probably not registered. They should be.

Contact the information Commissioner's helpline – the telephone numbers on their website – and explain to them that you are in a dispute with the company which is providing you with personal details relating to other people but having checked up you find that they don't seem to be registered with the ICO.

Tell the helpline that you want to make an official complaint about this.

As I said, the purpose of this really is to find weak spots with this company in case they continue to cause you trouble.
Please let us know the result of your conversation with the ICO. Get a reference number for your complaint.

Send them the SAR.

Have you been in contact with the other person whose form they provided to you?

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I'm not sure if this is advisable, but I would be asking Alex and Jamal why they told the police that you were the hirer of the vehicle when Jamal has now supplied you with information proving that you were not.

 

On the face of it they might appear to have a criminal case to answer for attempting to pervert the course of justice by naming to the police someone (you) whom they knew was not the hirer.

 

In the circumstances I'd ask them if they might perhaps want to reconsider suing you?

 

As I say - I don't know if such a course of action would be advisable or not - some might see it as a bit threatening.  See what others here think.  But it might save pfaffing around with SARs etc.

 

 

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I think that it will be better to stick to procedures for the moment.

 

You will have to put your defence in anyway as you wouldn't be able to be sure that they will withdraw the claim -- even if they tell you they will.

 

Send an SAR is not a load of hassle.  It is easy and there is no downside and as they appear not even to be registered. you score points at no cost or risk to yourself

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Kuick Car Hire Ltd: https://www.kuickcar.co.uk/

 

Kuick Care Hire Ltd
3 Osborn Gardens
Mill Hill
London
NW7 1DY

 

Previous Names: Shama Syal Ltd

 

Company Number: 09106051

 

Director: Alexander Syal  (Appointed 27th June 2014)

 

Incorporated: 27th June 2014

 

Company Type: Private Limited Company (PLC)

 

Status: Active

 

Companies House Link: https://find-and-update.company-information.service.gov.uk/company/09106051

 

Endole link: https://suite.endole.co.uk/insight/company/09106051-kuick-car-hire-ltd

 

I agree that you need to send them a Subject Access Request (SAR) this is important as they have already passed your details to the police when the police contacted them about who hired that specific vehicle. They have 30 Days to comply and that time only starts once they have acknowledged your SAR Request.

 

There Privacy Policy on their website is sadly lacking: https://www.kuickcar.co.uk/index.php/privacy-policy/

It fails to give there ICO Registration number and as they are dealing with Personal Data of individual Hirers they should be registered with the ICO and have a specific registration number which I cannot find on their website nor on the ICO Register.

 

You need to request from them (not by phone) but in writing what their Information Commissioners Office (ICO) Registration Number is as they are dealing with Personal Data.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks .

I have submitted the Acknowledgement on the MCOL website.

 

I submitted an SAR to Kuick.

 

I will contact the information Commissioner tomorrow.

 

@Manxman in exile

It's a bit late for that. I have already sent multiple messages to Jamal over text after he's frustrated me for not sorting out the situation. I know, maybe the wrong thing to do but he frustrated me so much with his ignoring of messages etc.

 

Here are the screenshots from the messages. Apologies for the use of slang, it's just how we message on text.

Quote

 

LRUOv7z.jpg

 

anueFt5.jpg

 

syXMRdO.jpg

 

YrAzhQH.jpg

 

 

That was the last message between me and him. Since then called him several times with no response. You can also see the attachment of the document he sent me.

 

I'll try calling the dad tomorrow and speaking to him but last couple times I called the number he never answered. So either he's just not good at answering the phone or he's in on it.

 

@stu007

Hey there. Thanks for the information. I submitted the SAR earlier but did not include the bit about asking for their ICO Registration Number. Should I resend the SAR with that bit added?

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No you don't need to resend the SAR send a seperate letter (not by phone) requesting that information giving them a time limit to respond i.e. 14 days. If they dont respond report them to the Information Commisioners office (ICO) https://ico.org.uk/for-organisations/report-a-breach/

 

Stop corrosponding immediately to this lot by phone only do it in writing and keep a paper trail of everything

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Is email fine or does it need to be a posted letter?

 

Also can I ask for 14 days? I thought a response to an SAR needs to be within 1 month?

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Simply telephone the ICO now and make a complaint that they are not registered and that they are providing you with somebody else's personal data.

Here is a suggested draft defence

Quote

The claimant' s claim is denied.

The defendant was not the hirer of the vehicle and no contract existed between him and the claimant. The defendant was not the driver of the vehicle and was not involved in any accident as alleged or at all.
The claimant has provided the defendant with a copy of a rental agreement relating to the vehicle and hire period in question but that agreement relates to the hire of the vehicle by another person unknown to the defendant.  This itself is a breach of the Data Protection Act because the claimant has shared the personal data of a another data subject with the defendant and without authority.
The bringing of this action against the defendant who was not the hire of the vehicle also indicates unlawful processing of the defendant's personal data.
Furthermore, it is understood that the claimant is not registered with the Information Commissioner and this is a further breach of the Data Protection Act.

It is clear that the claim is completely unfounded and the commencement of a legal action against an innocent defendant and unlawful use of that defendant's personal data amounts to unreasonable litigation and accordingly the defendant requests the court to apply its exceptional discretion and to award litigant in person costs against the claimant.


 

 

It is rather a blah blah blah defence – but it will do the job – and you never know, you might get a few quid in litigant in person costs if they continue with it.

You will need to confirm with the ICO that they are registered before you send off this defence.
Let us know what the ICO says

 

You have lots of time – so see if you think there is anything else you want to add.

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Hi BankFodder. Thank you for the draft. I think you've covered the points well. Also do you think we should add any of the information regarding their giving the police my information and making false accusations against me? Or shall we just leave that to the police in case they contact me again?

 

Also I tried calling the ICO yesterday but they were closed. I will try again on Monday when their offices reopen.

 

Also you think I should go to the police station and file a report? Or should the letter I posted filling out the document they sent (with the attached hire agreement Kuick gave me and the handwritten letter explaining what happened) be enough? Is it possible to follow up as I don't want the police to send me a summons as they mentioned in the letter they originally sent regarding the accident that was meant to have happened?

 

Thanks again guys. You have been extremely helpful.

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Don't forget you don't need to file the defence yet. You have sent the acknowledgement of service so you have 28 days. Give yourself a diary note to send the defence in about 10 days time so it will be well in advance but also we will be able to amend it if there are any developments.

Do not accept any offer from them to withdraw the case unless you have official – meaning through the courts – notice that it has been withdrawn. The worst thing could be that they say that they're going to withdraw the case and as a result you don't file the defence and then they forget to withdraw the case and you end up with a possible default judgement against you which will then be complicated to try and remove.

So the defence must be filed. You could do it now if you wanted – but as I said, it might be useful to hang onto it for a little while.
On the other hand, make sure that you are sufficiently familiar with the money claim website that you know how to file a defence at the moment that you want to rather than having to work it out and then finding that there are unexpected complications.

I wouldn't add any more detail about the police et cetera. I don't think there's any point in visiting a police station at the moment

You must certainly get hold of the ICO and register a complaint.

I think I asked you if you had contacted the person named in the agreement which was supplied to you. I'm not sure that you have responded to this

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