Need advice on credit hire charges

Sophie198

Two years ago I got a 125cc motorbike on a provisional licence, I signed up for insurance and tax that morning then rode it home in the evening. Unfortunately I had an collision with a car where my bike scraped it down the sides. More unfortunately it turned out that my insurance was for the week after and I hadn't checked properly, so I was uninsured- the law is absolute in these cases. There were no injuries and the police weren't contacted and both vehicles were driven away after exchanging details.

I received a letter from their insurance asking for the cost of the car being written off as a cat D, I set up a monthly payment to them as I didn't know what else to do. Today (two years later!) I have received a letter from a hire car company for nearly £5000, even though I have it in writing from their insurers that they have not provided a courtesy car. She had the car for 47 days, which seems excessive given the damage was cosmetic.

Does anyone have any advice?? I have tried to contact solicitors but as there are no criminal charges against me noone is interested, and I am living paycheck to paycheck as it is, I cant afford this bill!

AdrianC

Then don't pay it.
Let them take you to court.
Defend the claim.

sheramber

How was the damage cosmetic if the car was written off.

Since the bill is from the car hire company she may have hired a car herself until she got a replacement car and has told the hire company to bill you for it.

Once a car is written off your own insurance do not normally supply a courtesy car.

AdrianC

sheramber wrote: »

How was the damage cosmetic if the car was written off.

Very simple.

A Cat N write-off simply means that the damage was non-structural, but would have been more expensive to repair than the car's value. It's purely a question of numbers. It's very, very easy to write a low-value car off for fairly trivial cosmetic damage.

Sophie198

But am I liable for her car hire charges?

AdrianC

Sophie198 wrote: »

But am I liable for her car hire charges?

You aren't "liable" for a single penny up until you choose to accept the bill - or a court orders you to pay.


For insurance write-offs, the usual hire car bill would only be until the car was written off and the value paid out - then it's the policyholder's responsibility to replace the car themselves, since they now have the money in their hand.


That won't take 47 days for a simple CatN due to cosmetic damage on a low-value car. The decision will probably be made in the first phone call. She's taking the michael with a credit-hire company.

debtdebt

If it was merely cosmetic damage as you say, the car would have still been drivable and they wouldn't have needed a hire car.

If you would have been insured, your insurers would have appointed solicitors to make this point and fight the hire charges.

System

Sophie198 wrote: »

But am I liable for her car hire charges?

First of all contact the hire company and tell them you didn't hire any car from them, she did so they're chasing the wrong person. Call their bluff by asking them to prove you did by producing a hire agreement with your name and signature on it and remind them if the hire company take you to court they have to prove they had an agreement with you.

Ultimately she is liable for the bill but can try to recover the costs from you. You would be liable for hire costs for a comparable car for a reasonable period of time to get the car fixed or replaced. The third party also has a duty to mitigate their costs so if the car is to be repaired, not to take too long to get it done taking weeks to get quotes or if it is to be written off, to get a replacement within a reasonable time.

What this means that if they're running around in a Ford Fiesta they can't hire a BMW M3 and expect you to cover the cost nor can they take their time and take weeks and months to find a replacement car with you paying hire.

Ultimately how much of the rental charge they could recoup from you would be decided by a judge. To me £5k is taking the mick given car hire can be around £150-£250 a week and it doesn't take 6 months to repair or replace a car.

I agree with taking it to court. A judge would form a view of what was reasonable and her greed will see her being landed with the balance of the bill. As for the hire company tell them as they have no hire agreement in your name with your signature on they can go do one and if they don't like it they can take you to court and see how far they get with that.

Sophie198

If it goes to court is it likely that I will be charged for driving without insurance? I passed my car test in march this year and I need it for work, 6 points would mean I get my licence taken away and there could be a hefty fine.

AdrianC

It would be a civil case for the (alleged) debt, not a criminal prosecution for driving without insurance.

System

Sophie198 wrote: »

If it goes to court is it likely that I will be charged for driving without insurance?.

None at all. First of all despite this being a civil case so it won't happen, the police would have to charge you with driving without insurance and they're out of time for doing this, way out of time. Secondly criminal courts try cases brought to them, they don't charge people except for contempt of court. For example you won't find someone who is in a murder trial having the court charge them with carrying an offensive weapon when that came up in evidence unless the CPS has charged them with it before the start of the trial and that offence would be listed at the start of the trial, not part way through.

This is a civil court claim dealt with by a county court so no matter what happens there is no criminal record, no points given etc, it is purely about the money side so at worst there's a judgment which is made which if you don't pay results in a CCJ and usual debt recovery action.