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Car Hire Damage - Small Claims Court

Braf
Braf Posts: 6 Forumite
edited 26 May 2010 at 6:11PM in Consumer rights
Hi All


I hired a car from a car hire company based out of a hotel in Slough. The car was returned by my wife 9th Jan 2009. The roads where snowy and dirty last winter and the car was dirty.

When she returned the car the guy said it was dirty, my wife offered to get it washed but he told her not to bother. He looked around the vehicle and noted on the check out sheet "inspect after cleaning". He did the paper work and on that paper work it indicated that our 150GBPs deposit had been return, so my wife signed the return slip.

On the Jan 12th I got a email saying we had damage the car.


The car was kept in the hotel car park for visitors and guests for 2 days. They then move the car for cleaning and rehired the car. I did not get a change to inspect the damage before they rehired it.

OK the wife could have damage the car, but they should have noted this on return. The car could have just as easily been damaged in the hotel car park or when they moved it for cleaning. It was after all there in a public car park for 2.5 days and the damage was to the front bumper.

When I checked my credit card statements I noted the 150GBP had not been been returned and another 350BGP had been added.

I complained to the bank who I have the credit card with and they returned all the money to me (total 500GBP)

In response the car hire company has started small claims court proceedings to get the money back.

Some interesting things is they biledl my card up to the 500GBP insurance limit even before they got a quote to fix it. They did this when I put the cost in dispute with the bank.

So my thinking is they have no claim because they can not wait 2.5days to inspect a car when a person was there, writing inspect after cleaning is bad practice especially if they keep the car in a hotel public car park

But I would be pleased to hear your thoughts

thanks
Braf
«1

Comments

  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Logically I would agree with you. I just hope the court sees it the same way. Have you interogated the boss to check she ddidn't do any damage? If so and she hasn't then I would see them in court but make sure they send you all the relevant details, repair quotes, photos etc.
  • Braf
    Braf Posts: 6 Forumite
    I did just that "Boss" said she is absolutely sure she did not hit anything.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Have they provided any proof of damage together with costs of repair?

    What insurance did you have on the vehicle?
  • Braf
    Braf Posts: 6 Forumite
    edited 26 May 2010 at 6:53PM
    Yes they have given me photos and a bill for repair. Insurance had 500GBP excess.

    I'm not disputing the fact the car is damaged only that it was just as likely it get damaged in the hotel car park after the wife return it as it was in a public car park. They also had to move the car to clean it.

    I am annoyed that even though they did not see any damage when we returned the car they want us to pay. So they want 2 chances to check the car - once when it was returned and once before it went for the next hire and they hold me responsible if they only notice damage on the 2nd check after its been in a Hotel car park for 2 days.

    BR
    Braf
  • pinkshoes
    pinkshoes Posts: 20,674 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What damage they are claiming for? At over £500, it must be something quite noticeable, which is odd if they didn't notice it when it was brought back!

    I'd ask them to see the three quotes they obtained for fixing the damage. Can you post the photo of the damage on here?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Braf
    Braf Posts: 6 Forumite
    Here is a URl to the damage photos I was sent. I'm new to site but I am sure you can figure it out

    //s491.photobucket.com/albums/rr278/BJZ818/Car%20Damage/
  • Braf
    Braf Posts: 6 Forumite
    you need to add http to the above link as I am not allowed to post links yet
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This seems to be it.

    I'd agree that (so long as your wife is sure she didn't cause the damage) their case seems weak.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    £500 for a scuff mark, i bet T Cut would get most of that out !

    One of those smart repair guys would be able to fix it for around £100 at the most.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    deanos wrote: »
    £500 for a scuff mark, i bet T Cut would get most of that out !

    One of those smart repair guys would be able to fix it for around £100 at the most.

    I hope your kidding
    1. T-cut is crap
    2. no product can fix grazes down to primer.

    I believe the quote if im honest, its a little high but believable for a good job as it would require a bumper respray and blending.

    However i also agree the OP shouldnt be liable under the circumstances.
    Back by no demand whatsoever.
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