Burnt clutch - hire vehicle

palasmy

Was also thinking about disputing the windscreen damage, can I say I would like to take legal action against that charge?

esmerobbo

I would be asking the credit card company to investigate the windscreen damage, they would want to see a receipt and a record of payment. Not the scrap of paper they sent you.

As for the clutch let them issue a LBC then worry about it.

microstar

From what I've seen Green Motion are not a car hire company they are a criminal enterprise repeatedly defrauding customers. Europcar UK are currently being investigated by the Serious Fraud Office for fraudulently overcharging customers for alleged damage. Green Motion should also be part of the investigation. Write to your local Trading Standards and also your MP.

palasmy

Thanks Korting and Rookie, I didn't reply but today I have received another mail as below and this one has 'LBA' on top of the email.. Is it not that a LBA should be sent out through a normal registered post?

"** LETTER BEFORE ACTION. **

Good afternoon

Further to my colleagues email, I would like to follow that up with just a polite note to say Adam will be beginning legal proceedings in 7 days from today if we do not have an agreement in place regarding payment.

I am happy to work with you on this and I look forward to hearing from you shortly."

I suspect they have only woken up again after I asked them to refund the remainder of the 400 they had originally charged for windscreen damage. I queried this last week and they had sent me an proforma invoice showing they will repay the balance of 60 as the invoice was for only 340. I suspect this communication probably gave them the message that I have accepted the windscreen damage without disputing and so they want to give another go with the clutch.

And now few days since that mail, they are now starting this new chapter for the clutch. I'm wondering if I should respond by saying I'm planning for a legal action for the windscreen damage as I have enough reason to dispute it.

palasmy

Today I had an another email as below from GM, wonder if I should start considering a response?

"I have tried to contact you this afternoon to discuss the outstanding balance of £2169.72 you have with us. As payment has not been made, and not contact has been made from yourself, we will be issuing a legal claim against yourself. We would prefer to avoid this situation for us both. However, as you have not made payment we have no choice but to go down this route. I am available on XXXXXX to discuss this or you can email me with any additional questions.

Kind regards"

Thanks

esmerobbo

Let them issue a claim if they think they have a case.

It would be interesting to see the evidence they have and the breakdown of the costs if nothing else.

palasmy

As GM has been sending me mails of reminders including a LBA over the past week and one today as well, I was thinking to respond along the lines of IanSpencer's suggestion as below,

"I'm not prepared for any discussions until Green Motion can show proof that the damage was not present before my hire and that any charges are reasonable and reflect that you have sought to minimise any loses incurred, and that the amount you are claiming is a true reflection of your costs incurred. You will of course be required to produce this information if you seek to progress a legal claim, so you must already have this on record."

Would appreciate your comments and advise

Thanks

esmerobbo

They are sending you reminders, if they think they have a case they would send you a real LBA.

Be very careful what you email them, reading that above could be read as you are disputing the costs rather then disputing the fact the clutch was not down to you.

Zandoni

palasmy wrote: »

As GM has been sending me mails of reminders including a LBA over the past week and one today as well, I was thinking to respond along the lines of IanSpencer's suggestion as below,

"I'm not prepared for any discussions until Green Motion can show proof that the damage was not present before my hire and that any charges are reasonable and reflect that you have sought to minimise any loses incurred, and that the amount you are claiming is a true reflection of your costs incurred. You will of course be required to produce this information if you seek to progress a legal claim, so you must already have this on record."

Would appreciate your comments and advise

Thanks

It's probably best not to let them know how you are going to fight the claim in court. You could just tell them that you are an experienced driver and any clutch fault with the vehicle could not be down to you.

palasmy

Have been advised in the other forums as well not to write as accepting the liability, so rephrased as below,

"As I have already made it clear in my earlier mails to you, the alleged clutch damage was an existing defect in the vehicle that I hired, which GM is attempting to charge me. As directed by the pre-action protocols, in order to establish both parties position, you will be required to first present your case to me with enough details than just simply asking me to pay."