Damages Deposit

Sparkle123

Alderbank said:

leisureoutlet.com has

• Thule Excellent Short Bicycle Carrier for motorhomes £429.99 (RRP: £495.99)
• Fiamma Carry-Bike Caravan Active A-Frame Bicycle Carrier £469.99 (RRP: £504.99) 

Was it one of these?

I'm not sure as the full rack wasn't included in the picture they sent - just the damage. It could well be the fiama one from what I remember although I'd need to check with my husband as he was the one using it.

the_lunatic_is_in_my_head

Sorry to hear of your troubles OP.

We rented a car from Europcar, we dropped it off on Sunday out of hours in a public car park and on Monday afternoon got an email saying there was damage to the tune of £950, scratches down the whole side of the car which I know we didn't do but like you who thinks to take photos until you get hit with this kind of thing. 

We drove back to see if the car was still in the same place, it was gone but there was another of their rental cars with a smashed rear window.... 

They then sent photos and a full quote, I noticed how clean the car was and then realised the photos showed the car wasn't where we had left it. 

I highlighted this, asked if the car had a tracking device and if so where had it been, they didn't answer this but simply decided to drop the matter. 

I think the fact you had an inspection and they accepted the vehicle back without noting damage weakens their position and I wouldn't let the £500 go without a fuss.

eskbanker

OP - is the rental company a member of the BVRLA?  They have a code of conduct, under which the member company must identify damage during the post-rental inspection with the customer, and provide details of cost calculations:

https://www.bvrla.co.uk/asset/39D00141-E297-49C5-A42F4BA04A998578/

They also operate an ADR scheme....

Sparkle123

Thank you all for all your help. 

I'm emailing them to clarify some things eg why deposit was returned and how they managed to process a debit card payment when they said my card details weren't recorded.

It's left a bad taste in my mouth and the annoying thing is, I didn't complain about a couple of issues I had with the van such as the WiFi I paid extra for not being available or the TVs not working or the fact that the storage locker locks only worked 50% of the time meaning our stuff wasn't secure and needed to be stored in the cabin area. 

The lack of communication and information has really annoyed me. 

I'll wait and see what they say in their response but I suspect they will either not respond or avoid answering my questions. 

Manxman_in_exile

Personally I'd drop the "You-said-you-didn't-keep-my-card-details-how-did-you-charge-me-again?" approach as I think it's trivial.  You may think it's important but as @born_again (who I believe works for a card provider) has explained, it's standard practice.  Forget it.

What's important is putting the hiring company on the spot and asking them how they didn't spot the damage (which they allege* was caused by you) when they inspected the vehicle in your presence.  Point out to them that then would have been the proper time to raise the damage with you, not after they'd apparently OK'd the condition of the vehicle and returned your deposit.

*One thing I'm not clear about from your posts @Sparkle123 (apologies if I've missed it)  but I don't think you've actually denied causing the alleged damage?  From the outset you seem to have been more indignant about them processing another card payment (which I think is not important) than challenging their claim that you damaged the vehicle?

Sparkle123

I didn't cause the damage but had said previously I have no proof that I didn't cause it, I did tell the company I didn't cause nthe damage but they continued with the payment anyway. Although a previous poster has pointed out that it's not down to me to prove anything, it's down to them. 

I think I'm annoyed about the card details issue as the company were very specific about the process and how and when money could be deducted. If they can't be upfront about how they handle personal information how can I trust any of the other things they say. I appreciate nthat it may seem trivial but it doesn't seem trivial to me when I originally posted. I was concerned that someone could process a debit card payment without my authorisation.

As mentioned I will educate myself better in future but I must admit I think it would still sting a bit if the same thing happened again. 

Sparkle123

Just add above. 

They emailed to say damage found, I emailed back and said we didn't cause any damage can you provide proof. They sent a photo and again I said we didn't cause that. A few days passed and then they emailed to say they had a quote. I didn't respond as I was caught up with other things and the next day they processed the debit card payment.   At this point I was still disputing the damage 

Manxman_in_exile

@Sparkle123 - again I may be mistaken (and apologies in advance if I am) but I suspect that if you look back at the hire agreement you signed, you will find that you probably did give them authorisation in advance to take payment from the card in the event of you damaging the vehicle.

Again I refer you to @born_again's post:

born_again said:

Any hire agreement will have a clause that allows them to take payment for damage. So your card details are kept on file in the background. Same as a hotel has the right to take payments for damage when you have a rock & roll moment in a room after you have left & settled the bill.

Can be as simple as the pre auth they never took, is called on & the amount taken.

Certainly with car hire, you are allowed to request your own quote from another company.

I bet when they said "We do not keep your card details" what they meant is we do not write them down & keep them. Not that they hold them on a secure system as required as per T/C.

The points you want to concentrate on are (1) why didn't they point out the damage to you when they inspected it on your return? (2) if they didn't inspect the vehicle for damage in your presence, why didn't they? and (3) how come they refunded your deposit to you if the vehicle had been damaged by you?

Obviously when you returned the vehicle they had every opportunity to examine it in your presence so that you would have had an opportunity to challenge any allegations of damage there and then.  The fact they did not do that and have only alerted you to alleged damage nnn days after you had returned the vehicle to them means that you require them to produce evidence that the vehicle suffered damage while in your care.

If you are unsatisfied with their response then - for £500 - I would certainly be asking for a chargeback from the bank and/or sending them a Letter Before Claim with a view to suing them in the small claims court.  (Or the equivalent in Scotland)

sheramber

Well they are charging me for replacement of an item and fitting of it so they should have a quote at least. 

 A few days passed and then they emailed to say they had a quote. I didn't respond a

So they told you they did have a quote but you did not respond. 

Manxman_in_exile

sheramber said:

Well they are charging me for replacement of an item and fitting of it so they should have a quote at least. 

 A few days passed and then they emailed to say they had a quote. I didn't respond a

So they told you they did have a quote but you did not respond. 

Good point.

The OP seems to have been very passive throughout for someone wrongly accused of causing £500 of damage

eg:  "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."