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Damages Deposit

Hi All

Hope everyone is well. 

I'm looking for some advice.

We have recently hired a motorhome for a holiday. The security deposit was £950. I paid this deposit and was told no money was taken as only a hold on money. They also told me the were processing the payment whilst I was on the phone as they don't keep card details for customers. 

When motorhome handed back we a walk round was completed and our deposit appeared back in our bank account. 

Some hours later the company emailed to say that there was damage to part of it and replacement required as spare parts difficult to come by. We dispute damage as not evidenced when hand back done but I guess that's another story. 

Anyway, I have now checked my bank account and they have processed a card payment for over £500, almost a week after my deposit was returned. 

My question is, where do I stand - it feels wrong that they were able t process the payment. 

This was a bit of an essay so main points:

28th July deposit paid over phone via debit card. Advised hold on money and card details not kept

6th August AM motorhome returned, walk round completed and deposit returned 

6th August PM emailed to say damage and this would be deducted from deposit. (at this point we didn't know deposit was already returned) 

11th August payment for over £500 was processed as a debit card payment. 

Are they allowed to process this payment as a debit card payment when I did not agree? 

Thanks 

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Comments

  • DanDare999
    DanDare999 Posts: 747 Forumite
    500 Posts Photogenic Name Dropper
    Hi All

    Hope everyone is well. 

    I'm looking for some advice.

    We have recently hired a motorhome for a holiday. The security deposit was £950. I paid this deposit and was told no money was taken as only a hold on money. They also told me the were processing the payment whilst I was on the phone as they don't keep card details for customers. 

    When motorhome handed back we a walk round was completed and our deposit appeared back in our bank account. 

    Some hours later the company emailed to say that there was damage to part of it and replacement required as spare parts difficult to come by. We dispute damage as not evidenced when hand back done but I guess that's another story. 

    Anyway, I have now checked my bank account and they have processed a card payment for over £500, almost a week after my deposit was returned. 

    My question is, where do I stand - it feels wrong that they were able t process the payment. 

    This was a bit of an essay so main points:

    28th July deposit paid over phone via debit card. Advised hold on money and card details not kept

    6th August AM motorhome returned, walk round completed and deposit returned 

    6th August PM emailed to say damage and this would be deducted from deposit. (at this point we didn't know deposit was already returned) 

    11th August payment for over £500 was processed as a debit card payment. 

    Are they allowed to process this payment as a debit card payment when I did not agree? 

    Thanks 

    You probably agreed when you signed the rental agreement, what does that say?
  • Alderbank
    Alderbank Posts: 4,180 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Who was the hire company?

    Which country was your holiday?
  • The agreement was that any damages would be deducted from the deposit. This was also advised in the email received when they notified of the damage they'd "found". But that isn't the process they followed as they inspected the vehicle and then the deposit was back in my account. 

    The validity of the damage is another matter entirely but for just now my concern was that is seems they have actually stored my bank details and then used them to process this additional payment.

    As far as I'm concerned their process was to hold a deposit and refund when they were satisfied with vehicle return. From my point of view the fact thaty deposit was returned would suggest that they were satisfied.

    Any further debit card payment should have been part of a separate transaction agreed between the two parties. I don't think a card payment, whether the damages were due or not, should have been taken without my authorisation. Over the phone I authorised a £950 payment for deposit. At no point did I agree to a separate card transaction of over £500.

    It's very frustrating and I don't know whether I have the right be annoyed or not! 



  • Alderbank said:
    Who was the hire company?

    Which country was your holiday?
    The holiday was in Scotland. 

    I would rather not name the company just now as I'm not sure if I'm the one that is being out of order. I don't want to damage anyone's reputation by my ignorance. 
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I suppose your right to be annoyed would depend on whether you accept the damage was your doing.  If you do not accept go to the bank and ask for the charge to be refunded as not agreed and see what they say.
  • user1977
    user1977 Posts: 18,829 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I'm not sure quibbling about the process is all that worthwhile if you owed them the money anyway - what difference does it ultimately make?
  • comeandgo said:
    I suppose your right to be annoyed would depend on whether you accept the damage was your doing.  If you do not accept go to the bank and ask for the charge to be refunded as not agreed and see what they say.
    Well, that's another thing entirely. I don't agree with the damage and even if we ndid, I don't agree with the charges being made to rectify the damage however I have to accept that I have no proof that I didn't damage it. In hindsight I should have taken photos of the vehicle on pick up and drop off detailing any and all damage. Lesson learned by me. 

    I guess I'm hacked off that they didn't follow their own processes and seem to have acted, at best, a bit shady in terms of processing card payments when they said they didn't store details. It's left a bad taste in my mouth and makes me distrust their claim of damage too. 
  • user1977 said:
    I'm not sure quibbling about the process is all that worthwhile if you owed them the money anyway - what difference does it ultimately make?
    I guess you are right, I have no proof I didn't damage it. 

    I just hope they don't "find" any more damage and decide to levy another charge and process a debit card payment with card details that didn't ever keep on record! 
  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    1,000 Posts Second Anniversary Name Dropper
    user1977 said:
    I'm not sure quibbling about the process is all that worthwhile if you owed them the money anyway - what difference does it ultimately make?
    I guess you are right, I have no proof I didn't damage it. 

    I just hope they don't "find" any more damage and decide to levy another charge and process a debit card payment with card details that didn't ever keep on record! 
    I don't think it's up to you to prove you didn't damage it. if they want to charge you for damage then it's up to them to show that it was you who caused it. The fact they inspected it and didn't see any damage should be pretty good evidence that you didn't damage it if it came to it. 

    The question of the card details is an interesting one. If they have told you that they don't store them then there is the obvious question of how they have been able to a) refund you and b) charge you again. It does seem that they are compliant with the rules around that but that doesn't really change the fact of whether you owe the money or not. 
  • Do you think I am completely out of order requesting a copy of the quote/invoice for work required? I'd like to keep it for my records as a reminder to educate myself better. 
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