car hire company

lorraine64_2

I rented a Car in August with major company. They took my credit card details which they said was for fuel deposit only and would only be used if I returned the car without full tank. I have used this company before as I have motability vehicle and when it breaks down I have no choice of which company to use as motability have contract with them.The car had been delivered with a partially deflated tyre which I pointed out to driver and asked him to go and put air in it, which he did. I had to reinflate tyre on two accasions whilst on holiday. I returned the car after 10 days with a full tank and no damage and received document to say just that. Imagine my surprise three months later now November to see a charge of £103.22 on my credit card statement without warning. When I telephoned the Car Rental Customer Services they said it was because I returned car with slow puncture, the same puncture they had delivered the vehicle with. She would not refund my card even though I explained it was delivered with the puncture and I had been told on that occasion and previous occasions that my card was a fuel deposit only and would not be used without my knowlegde. They said they have six days to look into my complaint and will get back to me with the outcome. I am furious they can do this three months after the original taking of my details? I feel like the victim of fraud and will be very wary of giving my card details to a car hire company in future. Luckily I had written a letter to Motability in August about the poor state of the car that had been delivered plus the fact it had a flat tyre so this may help me get my money back.

TFD_2

I guess you've got 2 separate issues here:

1) Were they entitled to charge your card
2) Were they entitled to charge you for the tyre

If their T&C's that you have signed say that they can charge you for damage to the vehicle, then yes they were entitled to charge your card. This is probably the case.

As for point 2, when the car was delivered, I'm guessing you had to sign a piece of paper showing the condition of the car? If so did this show the damage to the tyre? If so, then you just need to take this up with the car hire company. If this wasn't highlighted, then you'll have a hard time proving the damage was there when the car was delivered.

Your letter to Motability may help, but it could be argued that the letter was written after you had damaged the tyre to try to get out of paying for it...

lorraine64_2

Proof not the problem as the branch agree that I reported tyre and have reply letter from Motability in August to acknowledge my complaint, it just seems as though they have decided I can pay for the tyre and have taken it from my card, I just don't feel as though they should be able to do this without my knowing. I will be asking some questions of my credit card company on Monday but I think other car hire customers especially Motability customers should be aware of this when giving card details for fuel deposits. I am a motability customer because I have a severely disabled child who is a wheelchair user and my life has enough stress without incidents like this. Well I've had my moan! Thanks

marksoton

Not a nice situation but the facts are this :

The credit card company are in no way at fault

Whoever told you the card details were for lack of fuel only were lying. The hire company would also have charged your card had there been damage or the car was returned in a very dirty state.

They are within their rights to do so. Hotels do the same thing. It doesn't need your authorisation or knowledge.

If you have documentary proof the tyre was flat when delivered you stand a good chance of getting your money back.

bingy_burge

If they car report/condition form states there was a puncture then it should be cut and dry.

If it does not then its your word against theirs, and the charge will stand.

I have used a prepaid card b4 now as a 'credit card' when having an avis car and they where nun the wiser. I would like to seem them charge me £103 quid.

Jemma-T

If the T&Cs also stated they'd fly you to the moon if you sang a song would they have to?

No. T&Cs are usually wish lists and cannot cancel out common sense or the law for private consumers or we'd have no need for consumer law.

That's an unauthorised and completely unacceptable charge. Challenge it.

TFD_2

Jemma-T wrote: »

If the T&Cs also stated they'd fly you to the moon if you sang a song would they have to?

No. T&Cs are usually wish lists and cannot cancel out common sense or the law for private consumers or we'd have no need for consumer law.

That's an unauthorised and completely unacceptable charge. Challenge it.

That's misleading and incorrect. If they allow the hire company to charge damage back to the renter, then it's more than reasonable to include this in the T&C's, and would not breach consumer laws. It's common practice.

The issue here is if the damage was the renters fault, not whether they are allowed to charge to the card if it was.

bingy_burge

Jemma-T wrote: »

If the T&Cs also stated they'd fly you to the moon if you sang a song would they have to?

No. T&Cs are usually wish lists and cannot cancel out common sense or the law for private consumers or we'd have no need for consumer law.

That's an unauthorised and completely unacceptable charge. Challenge it.

what a load of tosh!

How else do they guard against being out of pocket by damage to vehicles.

Jemma-T

So if it's in the T&Cs it's perfectly legal always? T&Cs supercede and cancels all civil law does it? The EU forces companies (Microsoft for one) to change illegal licence agreements (EULA, T&Cs) all the time that we all sign and agree to everytime we turn our PC on, open a credit card account or buy something over the phone. And what if I get a loan and the interest is 10000%? I've signed the agreement and does that mean I have to pay? What happens when the OFT closes the loan comapny because of this? Do I still have to pay because I signed the "T&Cs"?

T&Cs are a wish list only for the private consumer. Different for businesses on occasion.

bingy_burge

different agreements are to a greater or lessor degree legal.

I see nothing illegal or against sodding eu law (You must be the only fan of the eu I know) EULA and Vehicle Hire agreements are totally different. Why not start a thread about chalk and cheese.

If hire a cra for £54 a day but do £200 pounds of damaged in thats it?? The hire car company send nasty letter to the person who hired the car?

Would you rather leave a £250 deposit when you hire or have a loan car from a garage? I have wanted to test drive a new toyota for 24 hours and the garage asked for £250 deposit because they needed to cover themselves.

Julie_Page

bingy_burge wrote: »

different agreements are to a greater or lessor degree legal.

I see nothing illegal or against sodding eu law (You must be the only fan of the eu I know) EULA and Vehicle Hire agreements are totally different. Why not start a thread about chalk and cheese.

If hire a cra for £54 a day but do £200 pounds of damaged in thats it?? The hire car company send nasty letter to the person who hired the car?

Would you rather leave a £250 deposit when you hire or have a loan car from a garage? I have wanted to test drive a new toyota for 24 hours and the garage asked for £250 deposit because they needed to cover themselves.

Not the point

I do not see why, once a company has accepted the car back they can come back weeks later or months later and say actually it was damaged here is the bill. Who is to say that it wasn't damaged after wards by an employee or someone else in the car park

This has happened to me recently, I went on business to Finland, arrived late at night as the plane was delayed, pickedup the hire car checked it best I could, took it back three days later

Imagine my surprise when two months later my credit card was charged for a broken window switch in the rear. I wasn't even in the back of the car once apart for maybe putting my jacket on the seat.

I have since asked them to prove it was damaged by me

Do hire companies not realize things break on cars?

I was in Poland hired a Sixt car, - hate this company - got a Fiat and the boot parcel shelf catch broke - the thing that pulls the cover up when you open the boot. Sixt wanted to charge me £90 for that, on a brand new car with a warranty!

I try and take photos of the car now, but it does now work at night.

Sorry for the rant