Albany Assistance / Auxullis charging me for car damage.

Hi,

I wondered if anyone had any advice on a few issues I'm having with the above company. I leased a vehicle from them after my own car was written off in an accident. They were really helpful and I had no issues when I was dealing with them.

However, I received a letter in the post today saying that I owed them the £250 excess on my insurance because of damage to the near side front wheel - namely that it was cracked and BADLY SCUFFED (their emphasis). Now I'm fairly sure I would have been able to recall an incident that would have caused such damage, and the fact is I can't.

Apart from not believing I caused said damage, the other issue is that I paid a £40 waiver hoping to avoid such issues, but they're saying that this waiver doesn't cover damage to wheels. I've had a read through the very dense legalese and there is a clause that refers to this - I had to read it several times to work it out. However it does also say that for my to be charged it must be down to i) gross negligence, ii) a willful act or iii) unreasonable use of the hire vehicle.

I have several questions that I'm hoping someone might be able to answer - the first being, is it worth fighting this, and if so what's the best way to go about it?

Second, the clause says I'm liable for the COSTS of damage (I take this to mean not necessarily the full excess) - and £250 sounds a lot for a badly scuffed wheel, even if it is cracked. Am I right in thinking this? It always amazes me how much these things 'apparently' cost.

Third, is their any obligation for company's such as this to provide their terms and conditions in a manner that can be understood by a normal person. I think I have a bit of intelligence about me but a lawyer I certainly am not. To me it seems profoundly iffy if companies aren't obliged to make clear costs and potential liabilities.

Fourth, finally and perhaps most importantly, has anyone else had a similar issue, either with this company or another one? Did you challenge it? If so, were you successful? And how did you go about it?

I'm aware that I've probably left out a fair bit of important detail here, so if you need any more info just ask. I'd be greatful for any advice.

Thanks.