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Unfair Carhire Damage Claim

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Comments

  • AH1234 wrote: »
    How can they put a future charge on my card if it’s been cancelled? Why is that fraudulent?

    It's not a future charge. The amount they will be debiting is for a pre-authorised charge, something that you agreed to when giving your card details when making the booking.
  • AH1234
    AH1234 Posts: 23 Forumite
    10 Posts First Anniversary
    OP is dishonest best to now ignore thread

    All I have done is asked them to provide proof that the damage occurred during my rental period. I also reported card lost on banks advice, not to rip off the card company for legitimate transactions but to stop anyone taking money from my account in the future without my knowledge and authorisation. How does that make me dishonest?

    If they supply the proof, I will pay up.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    AH1234 wrote: »
    All I have done is asked them to provide proof that the damage occurred during my rental period.
    Simple.
    You agreed it wasn't there when you signed the car out.
    It was there when you signed it back in.
  • JohnMl88
    JohnMl88 Posts: 72 Forumite
    Second Anniversary 10 Posts
    AH1234 wrote: »
    All I have done is asked them to provide proof that the damage occurred during my rental period. I also reported card lost on banks advice, not to rip off the card company for legitimate transactions but to stop anyone taking money from my account in the future without my knowledge and authorisation. How does that make me dishonest?

    If they supply the proof, I will pay up.

    Next time, take pictures and video, once I had to show goldcar my video where the guy could see the scratch was there already but he didn’t put it in the system so next driver can be charged again:mad:
  • AH1234
    AH1234 Posts: 23 Forumite
    10 Posts First Anniversary
    You agreed it wasn't there when you signed the car out.
    It was there when you signed it back in.

    As I mentioned, I was not given the normal check in damage form at the start of the rental.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I think you're causing confusion by having check-in and check-out the wrong way round.

    You check the car out when you collect it.
    You check the car back in when you drop it off.
  • z1a
    z1a Posts: 2,522 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    AH1234 wrote: »
    All I have done is asked them to provide proof that the damage occurred during my rental period. I also reported card lost on banks advice, not to rip off the card company for legitimate transactions but to stop anyone taking money from my account in the future without my knowledge and authorisation. How does that make me dishonest?

    If they supply the proof, I will pay up.

    You DID authorise it.
  • AH1234
    AH1234 Posts: 23 Forumite
    10 Posts First Anniversary
    You DID authorise it.

    If they prove the damage is caused during my rental, then yes I agree.

    But if they can’t provide that proof, how can that be authorised?
  • redux
    redux Posts: 23,009 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 August 2019 at 6:18PM
    AdrianC wrote: »
    Simple.
    You agreed it wasn't there when you signed the car out.
    It was there when you signed it back in.

    It might not be quite that simple. It might be possible to construct a case that it's an unfair contract term if the hirer isn't given as much time as staff to inspect the car before hire starts. Also, if they have previous records of damage, they are negligent in failing to disclose it in advance on the next hire, and should produce it on a discovery request.

    In the instance I mentioned above, they told me that could refuse to comply with a data subject access request about previous damage records, and might only consider to do so on a court order. I assume they may have changed their minds on this while I was outside. Anyway, they did look, found it was previously recorded, and backpedaled.
  • If the damage wasn't noticed and recorded at the start of the hire and then it was noticed and recorded at the end of the hire, it will be charged to you as the damage happened while the car was hired to you. That is their proof.



    You will have signed up to receive the car in the condition it was supplied with any damage noted. You will also have signed up and authorised any damage to be charged to your card.


    It is not unknown for some companies to regularly charge for the same damage more than once, however if you cannot prove that the damage was there prior to your hire then I am afraid you will be paying up.



    What hire company was this?
    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


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