Jam Mad Posted June 6, 2002 Share Posted June 6, 2002 i am currently in the midst of a messy battle with a car rental company, who are claiming that a slow puncture on a tyre, and a stone chip on the windscreen of less than 1mm in size, are not 'reasonable wear and tear' and that i will be fully culpable for tyre and windscreen replacement costs along with costs for the car having been idle while it was being fixed, up to a limit of the £500 excess. i really need some help, either if a similar thing has happened to you and you fought it, or if you are a consumer lawyer who could spare me five minutes of your time ( free of course, in a 'blatchat' related moment of charity tongue.gif ). this is urgent, i have to come to a final decision by tomorrow whether to pay and settle for having it fixed, organised by me, or to take it all the way to court. cheers, j sad.gif what a sh!t way to end a great weekend... Link to comment Share on other sites More sharing options...
dino ferrana Posted June 6, 2002 Share Posted June 6, 2002 Have youa copy of the contract (I am not a lawyer but have done a bit of law study). Sounds like they are pissing in the wind as a stone chip is an everyday occurence and must be part of fair wear and tear. Link to comment Share on other sites More sharing options...
FH Posted June 6, 2002 Share Posted June 6, 2002 James, did you take out CDW? This is to cover all damage, not just the 'collision' variety. How can they prove when the slow puncture occurred? It's perfectly feasible that it was very slow when you drove away from the collection point and that with use, it became worse. Impossible to prove and the car cleaners/office bods certainly don't check and rotate each wheel in between loans. Stone chips are normally considered fair wear and tear. I have another suggestion, but I'll e-mail you off-line wink.gif FH Link to comment Share on other sites More sharing options...
Jam Mad Posted June 6, 2002 Author Share Posted June 6, 2002 i did not have the cdw because, funnily enough, i was not offered it. i only picked up on that when the problems started..... thanks for the help so far. the problem lies in the fact that even though i am confident that it is fair wear and tear, i am being told that as long as the complaint remains open, i am liable for charges while the car is idle. now why would any company find in the complainants favour under those conditions ?!?!?!?! AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAGH ! Link to comment Share on other sites More sharing options...
dhague Posted June 6, 2002 Share Posted June 6, 2002 JM, Can't help I'm afraid - but I've been a victim of the same kind of thing. In my case I did actually crash the thing, but they *way* overestimated the cost of the damage, and pointed to a little smallprint clause with voided the CDW that I'd paid for... they are bastards, aren't they? Do tell us who the company was, so we can avoid them - in my case, it was Practical Rentals in Ealing. Cheers, Darren Link to comment Share on other sites More sharing options...
Peter Carmichael Posted June 6, 2002 Share Posted June 6, 2002 It is standard for small chips on windscreen to be fixed with a chemical sealant, not a full windscreen replacement - windscreen replacement companies do this as a first effort on inspecting a stone chip. They need to know you are serious, so best bet seems to be CAB advice. If it really is the case that there is no well-trodden redress, a letter to your MP is a good course of action. Plus we know a few magazine editors... Peterid=teal> 253 BHP K-seriesteeth.gif, no gearboxbum.gifid=red> Link to comment Share on other sites More sharing options...
stevefoster Posted June 6, 2002 Share Posted June 6, 2002 Honest John of the Daily Telegraph (Saturday) would be a good place to write to and get advice. This sounds right up his street. Steve My racing pics hereid=red> Hants (North) and Berkshire area club site hereid=red> Link to comment Share on other sites More sharing options...
Jam Mad Posted June 6, 2002 Author Share Posted June 6, 2002 thanks guys, have already spoken to a lawyer at the cab, who are generally brilliant. i have now amassed a good little arsenal of who to write to when this is done and dusted, but unfortunately, it has to be resolved asap, so writing to people for advice is not really an option. i am at the stage of trying to be as nice as possible, and while firmly asserting that it is wear and tear, i am not threatening them at all. however the lawyer did advise that if i am going to have to stump up much more than £60, it's worth going through the small claims court. interestingly, there are only two types of companies who are exempt from the consumer credit act, hotels, and yup you guessed it, rental car companies. so the visa company can't do much about it other than offer moral support. i want to keep the company to myself until i am in a position to let you know how the situation was concluded. cheers, j Link to comment Share on other sites More sharing options...
I reply to every thread Posted June 6, 2002 Share Posted June 6, 2002 Let them sue you - You won't have to pay costs (other than an issue fee)even if you lose. You know where I am! Link to comment Share on other sites More sharing options...
Peter Carmichael Posted June 6, 2002 Share Posted June 6, 2002 Unfortunately they are already dipping their hands into Mr Mad's Visa account and nobody can stop them. Peterid=teal> 253 BHP K-seriesteeth.gif, no gearboxbum.gifid=red> Link to comment Share on other sites More sharing options...
kenny. Posted June 6, 2002 Share Posted June 6, 2002 Report the Visa card missing. Kenny Link to comment Share on other sites More sharing options...
Jam Mad Posted June 6, 2002 Author Share Posted June 6, 2002 luckily they haven't actually done so yet, merely threatened to. i don't have any reason to believe that they won't. ongoing !!!! Link to comment Share on other sites More sharing options...
kenny. Posted June 6, 2002 Share Posted June 6, 2002 Jam..be as smart as them and tell your bank you've lost your BLOODY card.....then they can't swipe any money that's not theirs, get on the phone now then you won't be kicking yourself if the bastards try it on again. Kenny SLR (smart arse hater) Edited by - kenny on 6 Jun 2002 16:59:08 Link to comment Share on other sites More sharing options...
Casbar Posted June 6, 2002 Share Posted June 6, 2002 I don't suppose the rental company is the Easy J variety. If it is, there was a bit on Watchdog last year, with them pulling similiar stunts Link to comment Share on other sites More sharing options...
Peter Carmichael Posted June 6, 2002 Share Posted June 6, 2002 Have you ever rented a carquestion.gif Card is already swiped and authorised. Rental company is now licensed to rip off Mr Mad. Peterid=teal> 253 BHP K-seriesteeth.gif, no gearboxbum.gifid=red> Link to comment Share on other sites More sharing options...
Laurence Wilson Posted June 6, 2002 Share Posted June 6, 2002 I see you kept the name of the company nice and quiet Jam... (other thread!) Cheers! teeth.gifid=orange> Laurence 'LOZ' Wilsonid=purple> Link to comment Share on other sites More sharing options...
kenny. Posted June 6, 2002 Share Posted June 6, 2002 Err..yes I've rented a car once. I was only advising what I'd do,sorry!! I assumed if somebody has your card details they'd have to authorise it again, and if that was the case then I'd declare it lost and get a new number. I tried to book a hotel a couple of weeks ago and they had my card details from a few weeks earlier......I had forgot to tell them my card had been replaced (as I'd genuinly lost it), they COULD NOT use that card and needed me to forward new details. I'm just trying to be practical and not looking for stick. Kenny SLR Link to comment Share on other sites More sharing options...
Jam Mad Posted June 7, 2002 Author Share Posted June 7, 2002 i have been advised that at this stage, i should be as nice as possible, and try and seek a settlement, giving them as much chance as possible to bring the matter to a close. should it come to court, as it will if they charge my card for anything, then i would not have a leg to stand on if i couldn't show that i had done all that i could to settle the case personally. i have kept the name of the company to myself because the matter is not yet settled, but rest assured that i will post a full and frank detailed account of the situation when it has been brought to a close. all i would say at this stage, is that we assume when we rent a car that we don't have to be 1000% careful with the check of the car. from now on i will be. check all glass, the tyre conditions and the spare wheel and changing kit. it sounds a lot, but i'm going to from now on. j Link to comment Share on other sites More sharing options...
kenny. Posted June 7, 2002 Share Posted June 7, 2002 One small point....if every car hire firm were to act like this one, then hire companies would never have to buy new cars.....EVER. Every tiny bit of wear and tear would be paid for by the customer keeping the car as it left the factory!!! The 2 examples you have given are ridiculous to say the least. One car I hired once blew its back box on the M'way...they just took it in their stride and agrred these things happen, What would this company have said?.The slow puncture one is a piss take. Kenny SLR PS there are a couple of club members in the hire business.......would be great to hear their comments as both are sound lads. Link to comment Share on other sites More sharing options...
Red Ticker Posted June 7, 2002 Share Posted June 7, 2002 James I had a similar situation when my wife crashed a hire car that I had hired with her as a named driver but using company insurance. It was on company business. Complex story but I recall that a converastion with your credit card company is worthwhile to explain to them that you are still discussing (and disputing) the situationa nd charges with the car hire company. This should, at a minimum, delay the card company collecting cash from you even if the hire company applies their right to debit your card. Martin Red Ticker Link to comment Share on other sites More sharing options...
Jam Mad Posted June 7, 2002 Author Share Posted June 7, 2002 thanks martin.. i am actually writing to them to confirm what i've already discussed. luckily too, i bank and have a credit card with first direct who are EXCELLENT !!!! and yes kenny, it is crazy isn't it ?! i look forward to being able to fill you all in when this is concluded. Link to comment Share on other sites More sharing options...
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