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Breach of contract
JonnyNoMates
Posts: 8 Forumite
Hi guys,
I have a dispute with a car rental company. I believe they have breached our contract and I want to find out the options available to me and some feedback.
Summary
The car rental company gave me business contract. The service agreement states comprehensive cover is included. The car was stolen during a burglary of my home. The company withheld replacing the vehicle for 2 weeks, despite it being clear a business contract requires me to use the car for business.
They later told me they offer a “comprehensive level of cover” which is third party only.
During a call with a member of my staff, the car company allowed them to cancel my contract, even though they have no permission or authority to do so. When I raised this clear fact with them, they changed their story and reverted back to terms and conditions which say they can cancel my contract at any time within reason.
However, as I cannot be held responsible for my home being burglars and the car being stolen and because I took all appropriate steps when I discovered the theft, I say they have no such cause to cancel my contract.
They also denied me use of a vehicle for over two weeks which cost my business £1000’s in lost revenue.
They now want to hold me liable for excess charges.
How can I proceed with litagation on a very cost effective manner?
Below is the letter I sent to them
entered into an agreement with your company on 03/08/2018. At the time of purchase I was advised by your representative that the service/goods would include:
We are pursuing damages due to multiple breaches of contract regarding our business booking with CarCompany.
1)
Your 03/08/2018 proposal also stated CarCompany would;
Supply a Charge Your Car charge card with the vehicle to allow access to the Charge Your Car charge point network- subject to availability.
Furthermore, as part of the proposal I agreed that;
The vehicle must not use existing CarCompany dedicated bays for parking or charging.
Prior to accepting the booking, Ed confirmed that I would not be able to use the charging bays, however, he made it clear I would be supplied a card with the booking that would allow me to use charging points nationwide. Furthermore, Ed confirmed the locations of nearby charging points and indicated that there were charging points within 1 mile of my postcode. On this basis I was happy to proceed with the booking.
On the 26/08/2018, I called CarCompany and raised the issue with Ed of not being supplied a card to charge the vehicle after I experienced considerable issues charging the vehicle. He assured me I would receive a card “within a few weeks.”
When I raised this issue for a third time by email, CarCompany response was;
“The proposal states that a Charge Your Card charge card would be supplied subject to availability. We have a limited number of these cards and would have gladly offered you one once one had become available. Unfortunately, during this hire a Charge Your Card charge card did not become available so we were unable to offer you this.”
Please refer to 10.1.1 of the terms and conditions at the time of the booking “We are responsible for the cost of charging the vehicle at its designated parking bay but you will be required to connect it to the charging point at the end of your Booking. The charge card and connection cables will be provided for the purpose. Re-charging cards and cables may only be used by Members to recharge vehicles and for no other purpose.”
At no time was I informed that there would not be a card supplied. After repeated requests for one, CarCompany clearly had no intention to provide this service which was included in the price. This constitutes a breach of the terms.
2)
On the 3/10/2018, the vehicle supplied to our business by CarCompany was stolen. My obligation as the primary account holder was as per section 4.2.1 of your terms and conditions “to ensure the car was parked legally, in a safe location at all times including overnight”
The car was able to be stolen as the keys were in my home, which was burgled.
As soon as the theft was discovered, I immediately notified the police and CarCompany As per section 4.2.1 of your terms and conditions. “You must report stolen vehicles to the police immediately”
Therefore, I cannot and should not be held liable in any way for the theft of the vehicle.
However, CarCompany opted to terminate the booking on this basis. The reasoning given by CarCompany on 23/10/2018 for terminating the business agreement is as follows;
“When a vehicle is involved in such an incident or accident, the decision about the returning of the vehicle is made at our own discretion. Due to the vehicle being stolen and your attempts to access the vehicle at both the recovery center and Renault garage without our permission, we have decided against it returning.”
This explanation contains inaccurate statements and is another attempt by CarCompany to misrepresent the events leading to the cancellation of the booking.
At no time did I attempt to access the vehicle, either at the recovery centre or the Renault garage except to collect my personal belongings that were inside the vehicle when it was stolen.
During a conversation with Kylie on 16/08/2018, your phone records will confirm staff at CarCompany informed me of the location of the vehicle and the approximate number of miles the garage was from my postcode. Recorded phone conversations also confirm Kylie at CarCompany informed me the vehicle would be returned upon payment of an outstanding balance. On the 16/10/2018, I informed CarCompany by email that the secondary member would be calling to make a payment. During the conversation, the secondary member disputed the amount owed based on the number of days we had been without a vehicle and the charges we had incurred as a result. During this phone conversation, the secondary member threatened to terminate the agreement, which Kylie elected to process. As the business account holder, it is solely my decision to terminate the agreement as per 3.1 of the terms and conditions agreed to at the time of the booking.
By allowing a secondary member to cancel the booking I agreed to as the primary account holder, we assert that this is a material breach of contract.
3)
According to 17.2.2 and 17.3.2 of the terms and conditions at the time of the booking CarCompany;
“We may terminate your Membership immediately and without notice if you are involved in an accident which, in our reasonable opinion, renders the Member ineligible or inappropriate for continued Membership.
We may terminate your Membership immediately and without notice if you fails to pay any sum due; becomes insolvent, files or has filed against it any document under any bankruptcy or insolvency law or similar law, or proposes any dissolution, liquidation or financial reorganization with creditors; fails to comply with the terms of these terms and conditions including any and all Appendices; or is involved in an accident which, in our reasonable opinion, renders the Member ineligible or inappropriate for continued Membership.
If you are a Business Account Holder we may end a Contract immediately if you go into any form of insolvency or you call a meeting of creditors or we discover that any of your goods have been taken away from you to pay off your debts or receive adverse information or fraudulent financial information.”
CarCompanys statement on the 23/10/2018 as to why the agreement was terminated, “due to the vehicle being stolen and your attempts to access the vehicle at both the recovery center and Renault garage without our permission” is a clear misrepresentation of the events. We assert that phone recorded conversations will clearly state this to be a falsehood. On the basis that this is untrue, we consider the cancellation to also be a breach of contract as I am not at fault in any way for the theft of the vehicle, neither did I attempt to access it.
4)
Furthermore, the stolen vehicle was recovered days later without any damage. According to 4.2.1 of your terms and conditions, CarCompany will “make reasonable efforts to reunite lost belongings with their owner”. CarCompany elected to keep possession of the car, including my personal belongings for two weeks and made no attempt to reunite me with my personal belongings, arrange a replacement vehicle to allow our business operation to continue.
When we accepted this proposal, as a business we had a reasonable expectation that the vehicle would be insured against the following but not limited to: Fire. Theft/vandalism. Accidental damage.
When I queried why we were not receiving the benefits of a “comprehensive motor insurance policy” such as a replacement vehicle, CarCompanys response on 26/10/18 was as follows;
“The level of insurance we offer is third party insurance as outlined in our Terms and Conditions. This is included as part of your fee. This offers a comprehensive level of insurance (bodily injury, death and property damage sustained by third parties) up to the level legally required for the consequences others may suffer as a direct result of your actions whilst you are driving the vehicle. Third Party Cover is a mandatory legal requirement”
Third Party Cover is included in the standard terms and conditions. However, the statement on the 26/10/18 contradicts the terms outlined in our business proposal.
According to section 1.6 of the terms and conditions we agreed to at the time of the booking;
“If you are a company or corporate organisation for which a Service Agreement and/ or credit account has been created then the contractual documents forming the Contract between us (as defined under Section 2 above) must be read in conjunction with that Service Agreement. In the event there are any inconsistencies between the documents then the provisions of the Service Agreement will prevail.”
As per the proposal we agreed to on 03/08/2018, it is clearly stated “comprehensive motor insurance” is included as part of the booking.
“During the deployment, it is proposed that CarCompany will fully administer the scheme, meeting all other substantive costs including but not limited to those relating to vehicle acquisition, comprehensive motor insurance, breakdown cover, cleaning, servicing and full operational management.”
We entered into this service agreement on the basis that the terms of the business to business proposal would supersede that of the standard and conditions offered to consumers.
As a business, we would not have entered into a contract with CarCompany if comprehensive motor insurance was not included.
Furthermore, we assert the use of the term “comprehensive motor insurance” was included in our business proposal to mislead us as to the level of coverage we had. This false statement of fact was one of the key considerations when accepting this proposal. Therefore, we consider this a material breach of contract.
According to 16.1.1 “If we (CarCompany) are in breach of a Contract we will not be responsible for any losses (including any loss of profits, loss of business, business interruption, or loss of business opportunity) or damages that are not foreseeable.
When taking out a vehicle on a business contract, there is a reasonable expectation that use of the vehicle is fundamental to our business operation. Therefore, if we are without use of the vehicle for a period of time, it is foreseeable that loss of profit, loss of business, business interruption and loss of business opportunity will occur.
As per 15.5 of the terms and conditions at the time of booking, as long as we have complied with the terms and conditions, CarCompany will pay for the costs arising from the theft, attempted theft, or act of vandalism that are greater than the Damage Excess amount.
By being unable to provide our business access to a vehicle, we assert you are liable for the damages incurred as a result. Please refer to 16.1.2 of the terms and conditions provided at the time of the booking.
“We will be responsible for: without limit, personal injury or death that is caused by our negligence; and losses or damages which are a foreseeable consequence of our breach of this Contract or our negligence up to a maximum value of your usage fees for the Booking. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen”
The two week period where CarCompany delayed the release of the vehicle, our business incurred costs related to hiring a replacement to continue with our business operations. These costs were unavoidable as CarCompany failed to provide a replacement vehicle for our booking once the theft was reported. Furthermore, we had already paid in advance for the booking for the period of time we were without use of the vehicle.
Therefore, we also hold CarCompany liable for the charges we incurred during the period of time CarCompany withheld use of the vehicle and refusal to provide a replacement.
We have been faithful to the agreement that we entered in with you and I hope this has helped you understand your liability.
The above term(s) constitute an essential part of the contract and to date this has not been fulfilled. I am requesting your company to honour the contract within 14 days from the date of this letter. Otherwise I will have no option but to cancel the contract without incurring penalties.
Therefore I would request a refund of any costs incurred arising from your breach:
£1035: Amount paid in advance to CarCompany
£339.45: Alternative car hire company
£70: Mini cab
£3500: Loss of business revenue/opportunities
-£366.20: Excess
Total amount due: £4,578
I look forward to your response within the 14 day deadline in order to resolve this matter amicably.
I have a dispute with a car rental company. I believe they have breached our contract and I want to find out the options available to me and some feedback.
Summary
The car rental company gave me business contract. The service agreement states comprehensive cover is included. The car was stolen during a burglary of my home. The company withheld replacing the vehicle for 2 weeks, despite it being clear a business contract requires me to use the car for business.
They later told me they offer a “comprehensive level of cover” which is third party only.
During a call with a member of my staff, the car company allowed them to cancel my contract, even though they have no permission or authority to do so. When I raised this clear fact with them, they changed their story and reverted back to terms and conditions which say they can cancel my contract at any time within reason.
However, as I cannot be held responsible for my home being burglars and the car being stolen and because I took all appropriate steps when I discovered the theft, I say they have no such cause to cancel my contract.
They also denied me use of a vehicle for over two weeks which cost my business £1000’s in lost revenue.
They now want to hold me liable for excess charges.
How can I proceed with litagation on a very cost effective manner?
Below is the letter I sent to them
entered into an agreement with your company on 03/08/2018. At the time of purchase I was advised by your representative that the service/goods would include:
We are pursuing damages due to multiple breaches of contract regarding our business booking with CarCompany.
1)
Your 03/08/2018 proposal also stated CarCompany would;
Supply a Charge Your Car charge card with the vehicle to allow access to the Charge Your Car charge point network- subject to availability.
Furthermore, as part of the proposal I agreed that;
The vehicle must not use existing CarCompany dedicated bays for parking or charging.
Prior to accepting the booking, Ed confirmed that I would not be able to use the charging bays, however, he made it clear I would be supplied a card with the booking that would allow me to use charging points nationwide. Furthermore, Ed confirmed the locations of nearby charging points and indicated that there were charging points within 1 mile of my postcode. On this basis I was happy to proceed with the booking.
On the 26/08/2018, I called CarCompany and raised the issue with Ed of not being supplied a card to charge the vehicle after I experienced considerable issues charging the vehicle. He assured me I would receive a card “within a few weeks.”
When I raised this issue for a third time by email, CarCompany response was;
“The proposal states that a Charge Your Card charge card would be supplied subject to availability. We have a limited number of these cards and would have gladly offered you one once one had become available. Unfortunately, during this hire a Charge Your Card charge card did not become available so we were unable to offer you this.”
Please refer to 10.1.1 of the terms and conditions at the time of the booking “We are responsible for the cost of charging the vehicle at its designated parking bay but you will be required to connect it to the charging point at the end of your Booking. The charge card and connection cables will be provided for the purpose. Re-charging cards and cables may only be used by Members to recharge vehicles and for no other purpose.”
At no time was I informed that there would not be a card supplied. After repeated requests for one, CarCompany clearly had no intention to provide this service which was included in the price. This constitutes a breach of the terms.
2)
On the 3/10/2018, the vehicle supplied to our business by CarCompany was stolen. My obligation as the primary account holder was as per section 4.2.1 of your terms and conditions “to ensure the car was parked legally, in a safe location at all times including overnight”
The car was able to be stolen as the keys were in my home, which was burgled.
As soon as the theft was discovered, I immediately notified the police and CarCompany As per section 4.2.1 of your terms and conditions. “You must report stolen vehicles to the police immediately”
Therefore, I cannot and should not be held liable in any way for the theft of the vehicle.
However, CarCompany opted to terminate the booking on this basis. The reasoning given by CarCompany on 23/10/2018 for terminating the business agreement is as follows;
“When a vehicle is involved in such an incident or accident, the decision about the returning of the vehicle is made at our own discretion. Due to the vehicle being stolen and your attempts to access the vehicle at both the recovery center and Renault garage without our permission, we have decided against it returning.”
This explanation contains inaccurate statements and is another attempt by CarCompany to misrepresent the events leading to the cancellation of the booking.
At no time did I attempt to access the vehicle, either at the recovery centre or the Renault garage except to collect my personal belongings that were inside the vehicle when it was stolen.
During a conversation with Kylie on 16/08/2018, your phone records will confirm staff at CarCompany informed me of the location of the vehicle and the approximate number of miles the garage was from my postcode. Recorded phone conversations also confirm Kylie at CarCompany informed me the vehicle would be returned upon payment of an outstanding balance. On the 16/10/2018, I informed CarCompany by email that the secondary member would be calling to make a payment. During the conversation, the secondary member disputed the amount owed based on the number of days we had been without a vehicle and the charges we had incurred as a result. During this phone conversation, the secondary member threatened to terminate the agreement, which Kylie elected to process. As the business account holder, it is solely my decision to terminate the agreement as per 3.1 of the terms and conditions agreed to at the time of the booking.
By allowing a secondary member to cancel the booking I agreed to as the primary account holder, we assert that this is a material breach of contract.
3)
According to 17.2.2 and 17.3.2 of the terms and conditions at the time of the booking CarCompany;
“We may terminate your Membership immediately and without notice if you are involved in an accident which, in our reasonable opinion, renders the Member ineligible or inappropriate for continued Membership.
We may terminate your Membership immediately and without notice if you fails to pay any sum due; becomes insolvent, files or has filed against it any document under any bankruptcy or insolvency law or similar law, or proposes any dissolution, liquidation or financial reorganization with creditors; fails to comply with the terms of these terms and conditions including any and all Appendices; or is involved in an accident which, in our reasonable opinion, renders the Member ineligible or inappropriate for continued Membership.
If you are a Business Account Holder we may end a Contract immediately if you go into any form of insolvency or you call a meeting of creditors or we discover that any of your goods have been taken away from you to pay off your debts or receive adverse information or fraudulent financial information.”
CarCompanys statement on the 23/10/2018 as to why the agreement was terminated, “due to the vehicle being stolen and your attempts to access the vehicle at both the recovery center and Renault garage without our permission” is a clear misrepresentation of the events. We assert that phone recorded conversations will clearly state this to be a falsehood. On the basis that this is untrue, we consider the cancellation to also be a breach of contract as I am not at fault in any way for the theft of the vehicle, neither did I attempt to access it.
4)
Furthermore, the stolen vehicle was recovered days later without any damage. According to 4.2.1 of your terms and conditions, CarCompany will “make reasonable efforts to reunite lost belongings with their owner”. CarCompany elected to keep possession of the car, including my personal belongings for two weeks and made no attempt to reunite me with my personal belongings, arrange a replacement vehicle to allow our business operation to continue.
When we accepted this proposal, as a business we had a reasonable expectation that the vehicle would be insured against the following but not limited to: Fire. Theft/vandalism. Accidental damage.
When I queried why we were not receiving the benefits of a “comprehensive motor insurance policy” such as a replacement vehicle, CarCompanys response on 26/10/18 was as follows;
“The level of insurance we offer is third party insurance as outlined in our Terms and Conditions. This is included as part of your fee. This offers a comprehensive level of insurance (bodily injury, death and property damage sustained by third parties) up to the level legally required for the consequences others may suffer as a direct result of your actions whilst you are driving the vehicle. Third Party Cover is a mandatory legal requirement”
Third Party Cover is included in the standard terms and conditions. However, the statement on the 26/10/18 contradicts the terms outlined in our business proposal.
According to section 1.6 of the terms and conditions we agreed to at the time of the booking;
“If you are a company or corporate organisation for which a Service Agreement and/ or credit account has been created then the contractual documents forming the Contract between us (as defined under Section 2 above) must be read in conjunction with that Service Agreement. In the event there are any inconsistencies between the documents then the provisions of the Service Agreement will prevail.”
As per the proposal we agreed to on 03/08/2018, it is clearly stated “comprehensive motor insurance” is included as part of the booking.
“During the deployment, it is proposed that CarCompany will fully administer the scheme, meeting all other substantive costs including but not limited to those relating to vehicle acquisition, comprehensive motor insurance, breakdown cover, cleaning, servicing and full operational management.”
We entered into this service agreement on the basis that the terms of the business to business proposal would supersede that of the standard and conditions offered to consumers.
As a business, we would not have entered into a contract with CarCompany if comprehensive motor insurance was not included.
Furthermore, we assert the use of the term “comprehensive motor insurance” was included in our business proposal to mislead us as to the level of coverage we had. This false statement of fact was one of the key considerations when accepting this proposal. Therefore, we consider this a material breach of contract.
According to 16.1.1 “If we (CarCompany) are in breach of a Contract we will not be responsible for any losses (including any loss of profits, loss of business, business interruption, or loss of business opportunity) or damages that are not foreseeable.
When taking out a vehicle on a business contract, there is a reasonable expectation that use of the vehicle is fundamental to our business operation. Therefore, if we are without use of the vehicle for a period of time, it is foreseeable that loss of profit, loss of business, business interruption and loss of business opportunity will occur.
As per 15.5 of the terms and conditions at the time of booking, as long as we have complied with the terms and conditions, CarCompany will pay for the costs arising from the theft, attempted theft, or act of vandalism that are greater than the Damage Excess amount.
By being unable to provide our business access to a vehicle, we assert you are liable for the damages incurred as a result. Please refer to 16.1.2 of the terms and conditions provided at the time of the booking.
“We will be responsible for: without limit, personal injury or death that is caused by our negligence; and losses or damages which are a foreseeable consequence of our breach of this Contract or our negligence up to a maximum value of your usage fees for the Booking. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen”
The two week period where CarCompany delayed the release of the vehicle, our business incurred costs related to hiring a replacement to continue with our business operations. These costs were unavoidable as CarCompany failed to provide a replacement vehicle for our booking once the theft was reported. Furthermore, we had already paid in advance for the booking for the period of time we were without use of the vehicle.
Therefore, we also hold CarCompany liable for the charges we incurred during the period of time CarCompany withheld use of the vehicle and refusal to provide a replacement.
We have been faithful to the agreement that we entered in with you and I hope this has helped you understand your liability.
The above term(s) constitute an essential part of the contract and to date this has not been fulfilled. I am requesting your company to honour the contract within 14 days from the date of this letter. Otherwise I will have no option but to cancel the contract without incurring penalties.
Therefore I would request a refund of any costs incurred arising from your breach:
£1035: Amount paid in advance to CarCompany
£339.45: Alternative car hire company
£70: Mini cab
£3500: Loss of business revenue/opportunities
-£366.20: Excess
Total amount due: £4,578
I look forward to your response within the 14 day deadline in order to resolve this matter amicably.
0
Comments
-
My feedback......way too long.
And without seeing the t and c's difficult to comment0 -
Agree - too long. Can you reduce it to the main points?
With B2B contracts the onus is on you to read all of the small print. You can't rely on 'unfair terms' protection as you would in a retail transaction.0 -
Agree - too long. Can you reduce it to the main points?
OP hired a car on long term basis (lease agreement?)
OP was burgled, and the burgular stole the car
Hire company took 2 weeks to replace car
OP is claiming £4,578 as follows:
£1035: Amount paid in advance to CarCompany
£339.45: Alternative car hire company
£70: Mini cab
£3500: Loss of business revenue/opportunities
-£366.20: Excess
In another thread, OP is also asking how to get out of paying a parking ticket, presumably incurred by the OP before the car was stolen...:cool:0 -
I hired a car for 3 months from a car club to be used for business purposes.
I was burgled, and the burgular stole the car.
Hire company deliberated for 2 weeks before terminating the contract, denying me use of a vehicle for my business.
They initially terminated the contract after a conversation with a member of my staff who threatened to terminate the aggreement due to the delay in replacing the vehicle. However, he had no authority on the account, according to their terms only I can initiate such action as the lead.
They backpeddled when I raised this and claimed due to the theft they are within their terms to cancel aggreement, despite the fact I took all appropriate steps and the keys were taken inside my home.
They wrote in their service agreement with me that their vehicles come with comprehensive insurance.
When I queried why I wasn’t being given a replacement vehicle, I was told they only offer a “comprehensive level of insurance which is third party only” that isn’t what was written in my service agreement.
Im claiming £4,578 as follows:
£1035: Amount paid in advance to CarCompany
£339.45: Alternative car hire company
£70: Mini cab
£3500: Loss of business revenue/opportunities
-£366.20: Excess
I would like advice on how to proceed with this claim.0 -
JonnyNoMates wrote: »I hired a car for 3 months from a car club to be used for business purposes.
I was burgled, and the burgular stole the car.
Hire company deliberated for 2 weeks before terminating the contract, denying me use of a vehicle for my business.
They initially terminated the contract after a conversation with a member of my staff who threatened to terminate the aggreement due to the delay in replacing the vehicle. However, he had no authority on the account, according to their terms only I can initiate such action as the lead.
They backpeddled when I raised this and claimed due to the theft they are within their terms to cancel aggreement, despite the fact I took all appropriate steps and the keys were taken inside my home.
They wrote in their service agreement with me that their vehicles come with comprehensive insurance.
When I queried why I wasn’t being given a replacement vehicle, I was told they only offer a “comprehensive level of insurance which is third party only” that isn’t what was written in my service agreement.
Im claiming £4,578 as follows:
£1035: Amount paid in advance to CarCompany
£339.45: Alternative car hire company
£70: Mini cab
£3500: Loss of business revenue/opportunities
-£366.20: Excess
I would like advice on how to proceed with this claim.
Here is a summary of the claim I’d like to raise0 -
If they are a member of the BVRLA they have to follow a code of conduct, might be worth raising this with them through their reconciliation service.0
-
Why is there a £3500 loss of business revenue/opportunities if you hired a replacement car?0
-
The rental was to be used for food delivery, each day we were without a car counted toward our lost revenue.0
-
JonnyNoMates wrote: »...
I would like advice on how to proceed with this claim.
You contact a solicitor.0 -
If it's any help, I did wonder whether 'comprehensive insurance' was the same as 'fully comprehensive insurance'. confused.com and the RAC seem to think it is.
https://www.google.com/search?client=firefox-b-ab&ei=5O8gXL27F-WF1fAPzYqOiAs&q=what+is+comprehensive+insurance+uk&oq=what+is+comprehensive+insurance+uk&gs_l=psy-ab.1.0.0j0i22i30.10935.17344..21092...2.0..0.149.665.0j5......0....1..gws-wiz.......0i71.enm9Kww-yp4Ex board guide. Signature now changed (if you know, you know).0
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