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easyCar refusal to cancel. I don't want a refund though! ***SUCCESS***


jim148
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I hope someone on here may be able to offer me some good advice. Here's the story so far.

 

I booked 10-days car rental with easyCar using their "Book now, pay later" scheme for a holiday in July. I paid £20 up-front and the balance is due in June. Now I have since split with my partner and the holiday is mostly cancelled. I remembered I had to cancel the car hire only just today. So remember so far i've only paid £20. Now the easyCar customer service guy seemed initially helpful, he took my details and called me back. But the message was this, easyCar policy is to disallow cancellations? This seemed quite suprising to me, I told the guy i'm not seeking a refund of the £20 and all I want is for the booking to be cancelled so the remaining £200 is not taken from my account. The guy told me that this was not possible and that the £200 would be taken from me when due. He said if I wish to complain i should take it via their online help.

 

I have since raised a complaint stating that I do not wish to be refunded, i just want the booking cancelled so that no further money is taken from me. I also pointed out that their term's and conditions are certainly not clear in this matter and it was not made clear at the time of booking.

 

A reply came quite quickly saying that they cannot refund me. But it was clear that the person replying had not read my complaint fully, it just seemed like a standard "no refund" reply.

 

So another e-mail from me back clearly stating that I'm not after a refund I want the booking cancelled and no more money taken. I even told them that I will speak to my bank about this as I no longer will be authorising payment (do I have this right, i used VISA debit).

 

What is the next best steps if easyCar are still saying they will take the £200 from my bank account even though I have asked them not to? Someone suggested i cancel my card and get a new one, but that seems a bit extreme.

 

Any help in this matter would be greatly appreciated!

 

(great website)

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I do actually think they make it clear about the cancellation and actually state amongst other things "If you are not prepared to take the risk of a potential cancellation you should not book through easyCar."

 

However this is an unfair term - they are only entitled to cover their losses, and clearly charging you the full rental fee is not doing so.

 

Your bank will not assist you - they will state that by giving them your card details you are authorising payment.

 

Put a full complaint in writing to easycar and set a deadline for response.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Yeah great idea... then they'll just take him straight to court without any negotiation beforehand. No - I think Barracad probably has about the right balance.

 

Complaint, threat, court.

a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a.

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You are in breach of contract so they are entitled to claim reasonable losses, but this can only be at a maximum to cover their costs and a reasonable amount for loss of profit (which would be mitigated if the same car was hired out to someone else, though this is difficult to prove).

 

Ultimately a court would have to decide what these reasonable damages are if the company refuse to negotiate. They won't be able to withhold the lot, though.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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In my experience of cases similar to this, I have never seen a court award more than 5% of the contract total as damages :)

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Well I've now written a more formal complaint to them using barracad's complaining advice. They replied to yesterdays complaint but again still going on about refunds! I don't want a refund! So i've taken a more formal approach again using the great advice on this site.

 

I've challenged them on there refusal to cancel, when you pick apart the T&C's it does not state the impossiblity of cancellation. But at their discretion and due to unforeseeable circumstances (which they don't exhaustively list). And i am cancelling due to unforeseen circumstances!

 

I've told them that I believe that what they are doing is unfair and i've asked them to refer me to the T&C's which covers their insistance on my future payment of £198. Nothing is obvious in the T&C's about this.

 

One thing I did notice is that in their overview of the "Book now, pay later" scheme that i used it says if they fail to collect the final money with 7-days of the date set I will lose my £20 deposit. It does not say that they will pursue through litigation, in fact i don't even have a credit agreement with them.

 

I have asked them very kindly to resolve this situation profesionally, i have given them a deadline and i have expressed my opinon that i believe what they're doing to be very unfair.

 

Let's hope my latest letter has made a dent on them.

 

Also I cannot find them registered with the information comissioner for the Data Protection Act. I'm sure it's just my poor searching, but I have also asked them to provide me with details to make a request under the DPA.

 

Hopefully they will stop being stupid and sort this out.

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Also I cannot find them registered with the information comissioner for the Data Protection Act. I'm sure it's just my poor searching, but I have also asked them to provide me with details to make a request under the DPA.

 

 

Registration Number: Z8123371

Date Registered: 19 August 2003 Registration Expires: 18 August 2007

 

Data Controller: EASYGROUP (UK) LIMITED

 

Address:

THE ROTUNDA

42-43 GLOUCESTER CRESCENT

CAMDEN

LONDON

NW1 7DL

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi jim148...Hi Barracad....

Barracad is right I think....But have you tried contacting trading standard or consumer direct??

Just read your posts and wondered if they could contact easycar and put some extra pressure on them?

Also surely if they are no longer supplying a 'Service', but charging you for it they are illegally taking payment ??

They have had plenty of notice of your cancellation.....not as if you did it a day or even a week before....

How long was it between booking the car and cancelling??

Cooling down period.....I think is 28 days....

Am I correct anyone??

Barracad??

Just a few thought....lol

Russ

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Hi jim148...Hi Barracad....

Barracad is right I think....But have you tried contacting trading standard or consumer direct??

Just read your posts and wondered if they could contact easycar and put some extra pressure on them?

Also surely if they are no longer supplying a 'Service', but charging you for it they are illegally taking payment ??

They have had plenty of notice of your cancellation.....not as if you did it a day or even a week before....

How long was it between booking the car and cancelling??

Cooling down period.....I think is 28 days....

Am I correct anyone??

Barracad??

Just a few thought....lol

Russ

 

Thanks for the comments. I have a case with consumer-direct and I've send a letter to easyCar using the advice on here and their input. I booked the car in January, so i'm out of 28 days cooling. But due to some unbelievable sucky legislation changes recently if your distance selling, but in transport you don't have to provide a cooling off period! And easyCar don't (most rental companies do though). This was a case that the OFT took to the EU, but easyCar won!

 

I've given them 21 days to reply to my letter. If they still refuse to cancel my booking I will be forced to cancel my card. easyCar state on their website that if they fail to collect the balance, you lose your £20 deposit and that is all.

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I won!

 

"

In view of your extenuating circumstances however, your case was escalated to the Head of Customer Services for easyCar, Janet Garner, for consideration. She has now reviewed the your case and has agreed to a goodwill cancellation of the rental, with easyCar retaining the deposit paid. "

 

That's the outcome i was after :)

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Isn't easycar now just a shell company? All their local depots seemed to close down and card were being provided by other hirer firms, so even as a virtual service provider, they're not that great either!

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Well done jim....:D !!

just goes to prove if you stand up for what is right nd don't let companies use their size to put you off......you can get things done....

I am really glad it 's sorted out....

There's one good thing that came out of it.....you are stronger for sticking to your guns and not giving up!

Take care....

Russ

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