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Is this legal?? - hire car related

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Kel_3
Kel_3 Posts: 281 Forumite
Someone reversed into my car just over a month ago and it was written off. I've had a hire car from my insurance company since then and they came to pick it up today.

The bloke who picked it up had a quick look round it and then asked me to sign his PDA thingy to say he'd taken it. We then get a email with a document attached which says there is damage to the car, 2 little chips, a chip to the windscreen and a surface scratch. At the bottom of this document called a 'vehicle condition report' is my signature that they have obviously taken from the PDA. Can someone tell me if what they have done is legal as they are trying to charge us £250 for damage which we haven't donecry.gif. At no time did the bloke who picked up the car say anything about the damage to me and defiantly didn't point anything out. He just said to sign as he was taking the car (there was nothing on the screen of the PDA other than a box to sign in and he didn't ask me to read anything anyway) and now it looks like I signed for damagecry.gif. My mum was here so I have a witness as well.

DH has spoken to the company and they seemed pretty un-interested, but did say he should have pointed out any damage. We now have to fill out a dispute form so I have no idea when this will be sorted. I'm 5 months pregnant and could really do without this stress :cry:

Comments

  • Upon collection the gentleman should have given you a copy of the vehicle condition report, which should contain your signature. They should also retain a copy of this. Any damage to the car should have been noted on that document.

    If they cannot produce this document, with your signature (actually imprinted on the document, not just a digital copy), you're probably in the clear. They cannot reasonably claim for damage that you did not sign for, after they have collected it.
  • Kel_3
    Kel_3 Posts: 281 Forumite
    Thanks for your reply.

    He never said anything about any damage to the car, Just asked me to sign in the box on the PDA. Then they emailed me this document (the condition report) after with my signiture at the bottom of it. I'd never seen it before this point.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This car was from Drive Assist wasn't it
  • Kel_3
    Kel_3 Posts: 281 Forumite
    Yes it was Drive Assist, dacouch :-(
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I had a car from Drive Assist and insisted that they collected from home rather than leave it at the car repair place for this reason....and yes they must point out and ask you to sign for and chips and cracks otherwise they could say that anything has occurred.

    Did the original report have any chips or scratches that you found when you went round the vehicle when you picked it up?

    Did he go round the vehicle with you when you returned it and point any out?

    I know they take them home for weekends if they pick them up, so the damage could have happened [if there was any in the first place] at his house....also the bloke who dropped my car off said they charge £40 for cleaning every seat so I went through the damage on every seat with a fine toothcomb and made sure the car was immaculate when it was returned...I think this is just a way of supplementing their income - the !!!!!!s.
  • Kel_3
    Kel_3 Posts: 281 Forumite
    They showed me the damage which was already on it when they dropped it off to me.

    They collected it from my house and didn't mention any damage to me at all and definatly didn't even attempt to point anything out.. Just said it was fine and could I sign for the collection. He was going straight to drop the car off to someone else which was quite a few miles away.

    The car was much much cleaner inside when they took it from us then when we received it. It had never been cleaned when we received it.

    Unfortunately I've just been reading the other threads on this company:-(
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