Scammed into paying for hire car insurance in Spain, Amex refunded - now EOS Solutions chasing 'debt'

[Trigger1402]

Hi,

New to the site but many threads I have seen have some very useful feedback hoping for the same here for my predicament.

Long story short (sort of!),

I went to Spain for a few days last year and booked the hire car through Hertz Espana alongside my flight as part of a fly drive package. At the time, I also took out the additional car insurance that was offered. This is the type where you pay a deposit for the car and apply to the insurance company afterwards should any money be retained by the hire car company for any damages caused during my rental period. Happy days.

Upon collecting the car from the Car Hire kiosk at the airport, the customer services agent opened the conversation by asking whether I spoke Spanish, a fair question when visiting the country. I unfortunately can't speak the language much beyond 'Hi, bye, Thank you and 2 beers please'! My wife whom I usually travel with is fairly fluent so usually takes charge in this type of scenario but was already at the apartment as my visit was a last minute trip to join her for a few days of her longer expedition there.

The agent then went through the usual attempts to upsell and try to convince me that their insurance is much better than the one I had, and shown evidence of to the agent, because I wouldn't have to worry about applying to get the deposit back etc etc etc. I obviously rejected this as I already had insurance why would I take it out twice?

He then asked for a credit card for the deposit to which I asked if they took American Express. Not only did they but apparently unlocked better deals for cars in a higher bracket than mine! Good to know but not interested. Can't fault his desire to upsell. Declined this also because I booked the specific car as I was considering buying one in the UK and thought it a good opportunity to use it as an extended test drive. When he told me the amount he was putting on my credit card, it seemed low and I queried it with him and he confirmed it was definitely the deposit he was taking. The Agreement I had to sign for the car was in Spanish which also doubled up as the receipt of the card transaction. Gave me the keys and I was on my way.

Cut to 4 weeks later and I emailed Hertz to find out why they hadn't released my deposit yet and was wondering how long it would take. The car was hardly used and there was no damage on it so no requirement for them to withhold any, although you do hear of stories I was starting to get a bit concerned. They replied saying that I would need to contact American Express and find out from them when it was due to be released.

Upon contacting them, I was then informed that it had gone through as a sale instead of a hold so obviously wouldn't be released. I assumed the agent had made an error on the card machine and pressed the wrong button. After further investigation, I realised what had happened. I opened a dispute with American Express, sent them my story and all the evidence and they sided with my and gave me a charge back. Hertz tried to argue it but to no avail apparently. 

9 months later, I have received a phone call and a corresponding letter from a UK Debt Collection Office wanting the money. I have had nothing from Hertz saying the money was owed as thought that was the end of it once they failed to argue the charge back. I spoke to the Debt Collector over the phone and explained what had happened to them that it was obviously missed at the time as the agreement was in Spanish and was going on the word of the agent that it was only the deposit he was taking, to which they replied 'You shouldn't sign anything you don't understand'. Useful advice but nothing surprising as all they want is the money as they have no morals. 

The question I have is;

Do they have any legal right within the UK to escalate this any further?

I will fight it as far as I can but am aware how quickly costs can escalate when a debt collector is involved so don't want this to happen if I haven't got a leg to stand on as I signed the agreement including the receipt for the additional insurance, even if it was a scam and not what I was told it was.

Any help is greatly received.

All the advice I can find on Mr Google is regarding property not sure whether the legal process is the same for that as my issue. 

[FTMDave]

A debt collector can do absolutely nothing.  For a start it's not even their debt.

Relax and ignore them.

[Trigger1402]

Thanks for this. Words I was hoping to hear! The company in question (EOS Solutions) also buy debt so if they've done this, does that open any more legal avenues for them?

[unclebulgaria67]

Yes the debt owner can take you to Court in the UK, but it is unlikely.  The amount involved is probably not enough for any company to take the risk of incurring costs that they might not get back.

County Court claim costs are restricted for such small claims.

 

 

[FTMDave]

3 hours ago, Trigger1402 said:

but am aware how quickly costs can escalate when a debt collector is involved

A couple of quick legal lessons.  If you and I were in legal dispute I could sue you and you could sue me.  Your best mate couldn't sue me and my next door neighbour couldn't sue you because the dispute would have nothing to do with them.  It's the same for EOS.  They have no power.  It's not their debt.  Only Hertz Espana can sue you.  Not only do costs not escalate with a DCA but they can't do anything at all.

Secondly, anyone can send threatening letters to anyone else.  If I sent you a latter saying you owe me £100 because I don't like the style of shoes you're wearing today you would just laugh at it.  I'm sure you wouldn't consider it a debt or anything to worry about.  Thee same here.  Unless a judge in a county court has found against you after a court hearing you don't owe anything.

The only way you could be forced to pay this money is if the creditor sent you a Letter of Claim, then took you to court, after convinced the judge on the balance of probabilities that you had agreed to buy this insurance you didn't need even though American Express had investigated and found in your favour.  Not going to happen.

If a company buys a debt from another company then yes they can sue.

Can you please upload the letter redacted of your details?  It will most probably show Hertz Espana as EOS's client.  Plus, how much money are we talking about?

Edited April 2 by FTMDave
Incorrect info changed

[dx100uk]

thread title updated.

EOS don't by debts so must be chasing for their stated client who is?

bottom line is NO DCA is a BAILIFF

and have 

ZERO legal powers on ANY debt - no matter WHAT it's type.

dx