Enterprise car credit hire fraud

kyusho

Hello,

I'm looking for some help in a very stressful situation.

My vehicle was crashed into whilst parked when I wasn't in it.

I wanted to resolve the damage via the third party to help save them money (a colleague crashed into me and admitted full liability there and then) so I approached the third parties insurance after calling mine.

The third party Insurance agreed to repair my car and arranged a reservation for a hire car at enterprise cars. Initially my insurance had also referred me to enterprise under a credit hire arrangement which I was not happy with, hence also opting for the direct hire through the third party.

As there was now two reservations open enterprise had been trying to contact me via email to arrange the booking and I have email evidence stating that I did not wish to use the credit hire agreement, and only wanted to use the direct reservation. They agreed via email and even state they put a note on my file to reflect this.

I then collected the car, which they confirmed was the direct hire. They took my credit card details and when I queried this (as it was a direct hire the third party was paying for) they said it would only be used for fines not any hire costs as that was being billed direct. They quickly made me sign the paperwork for this on a tablet telling me I was signing for the direct hire.

To cut a long story short, i had alot of problems with them calling me every week stating that the third party had off hired the car, but when I phoned the third party insurance they said this wasn't true as my car was still in the garage being repaired and their direct reservation was still open! I thought it was a bit strange but the third party then even called enterprise and it seemed to be sorted.

A while later they were desperately trying to get me to sign another agreement. I thought this was really strange as it was a direct hire , but the problem was that the repairs were done poorly and I had returned the car to the body shop and they were trying to cover their back and get me to sign another contract hire so they could also overcharge the garage for repairs!

This set more alarm bells ringing and after several hours of calls the third party insurance confirmed their reservation had never been used and that enterprise had instead used a credit hire against my will!

As soon as I realised it was credit hire I had been tricked into using I told them to come and collect the car which they did. I complained that they had opened a credit hire and not used the direct reservation with the insurance and they said it's all my problem as I signed the paperwork upon which they charged my credit card for the hire!!!!

My point is that I was duped into signing the credit hire contract and I was misled by enterprise at every stage into believing it was a direct hire. I even have emails from them where they confirm my wish not to use credit hire, and subsequent ones where they even call the on hire car a courtesy car! At every stage I have evidence that supports the fact I thought it was a direct hire. I feel gutted and tricked and fooled by enterprise into signing something they told me was the direct hire and now I have suffered financial loss.

They were really nasty and I feel they only did this so they could make more money on the car for themselves by charging the higher rate. I think they thought they could get away with this as I'd never realise any better. I believe this may by fraud by misrepresentation and I want some advice on what to do. I have made an official complaint but I am not being taken seriously and my credit card has been charged! What shall I do next refer the case to the financial ombudsman?

I believe my case is strong because I have a lot of emails evidence as detailed above where they continue to make me believe it was a direct hire after tricking me into signing the credit hire. I also phoned the third party who would have recorded calls of my panicked calls when I was told my enterprise they had off hired the car, which now it is clear baffled them also as enterprise were lying about it being a direct hire as it was credit hire!

Help ?

Aylesbury_Duck

What financial loss have you suffered?  Is it that the insurer stopped paying for the hire and your card has been charged instead?  If so, surely the insurer should sort this out and make good on any loss you’ve suffered?

kyusho

Aylesbury_Duck said:

What financial loss have you suffered?  Is it that the insurer stopped paying for the hire and your card has been charged instead?  If so, surely the insurer should sort this out and make good on any loss you’ve suffered?

Yes they have taken money from my credit card without any explanation or attempt to collect from the insurer.

I am sure I will be able to get that money back as the insurer has now provided me with another car from elsewhere, and I will issue a charge back through my credit card. 

However it is not about that for me, it is the principle that they falsely misled me and tricked me into signing credit hire so they could make more money (they will get about 3-4 times the normal rate doing this, and it also left me financially liable). They thought they could get away with it and I'd never find out.

In law I believe this amounts to fraud by misrepresentation and invalidates the contract.

Aylesbury_Duck

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

kyusho

Aylesbury_Duck said:

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

Thanks, how long does it usually take to get my money back with a chargeback?

Aylesbury_Duck

kyusho said:

Aylesbury_Duck said:

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

Thanks, how long does it usually take to get my money back with a chargeback?

Others on here are better placed to confirm that, but there remains the risk that the retailer challenges it and it's reversed.

born_again

kyusho said:

Aylesbury_Duck said:

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

Thanks, how long does it usually take to get my money back with a chargeback?

Looking at what you have said. 
I think you will struggle to get your money back via card provider as you have signed the papers. If you did you get it back once chargeback is actioned, but they then have 45 days to contest. 
Although in many cases like this, CC can with hold refund till it is confirmed that retailer is not contesting.

Car hire is very difficult to action, as they have it all covered in the T/C.

Even if you do get your money back via CC. Fully expect them to chase this via the legal routes.

kyusho

born_again said:

kyusho said:

Aylesbury_Duck said:

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

Thanks, how long does it usually take to get my money back with a chargeback?

Looking at what you have said. 
I think you will struggle to get your money back via card provider as you have signed the papers. If you did you get it back once chargeback is actioned, but they then have 45 days to contest. 
Although in many cases like this, CC can with hold refund till it is confirmed that retailer is not contesting.

Car hire is very difficult to action, as they have it all covered in the T/C.

Even if you do get your money back via CC. Fully expect them to chase this via the legal routes.

The problem is the was they got me to sign their contract hire was fraudulent. They were meant to use the direct hire from the third party and I have evidence of this, but instead they opened a contract hire agreement so they could make more money- but told me it was the direct hire I was signing for. They also told me no money would be taken from my card apart from for speeding or parking fines. That is fraud by misrepresentation.

born_again

kyusho said:

born_again said:

kyusho said:

Aylesbury_Duck said:

OK, so a chargeback will sort out the financial side of things.  The next step is to complain to Enterprise until you reach deadlock, then go to the ombudsman.

Thanks, how long does it usually take to get my money back with a chargeback?

Looking at what you have said. 
I think you will struggle to get your money back via card provider as you have signed the papers. If you did you get it back once chargeback is actioned, but they then have 45 days to contest. 
Although in many cases like this, CC can with hold refund till it is confirmed that retailer is not contesting.

Car hire is very difficult to action, as they have it all covered in the T/C.

Even if you do get your money back via CC. Fully expect them to chase this via the legal routes.

The problem is the was they got me to sign their contract hire was fraudulent. They were meant to use the direct hire from the third party and I have evidence of this, but instead they opened a contract hire agreement so they could make more money- but told me it was the direct hire I was signing for. They also told me no money would be taken from my card apart from for speeding or parking fines. That is fraud by misrepresentation.

I get what you are saying.
I'm afraid to say as far as banks go fraud is when a unknown 3rd party uses your details, not you. So this could only be dealt with as a dispute. Which refers back to my previous post.

If you go to the bank claiming fraud. Car hire will simply come back with your details & signature. Refund would then be redebited.
That would be the end of the matter as far as bank goes.

Talk to your bank, fully explain the situation & see what they say. Don't mention fraud. Just give the straight facts & let them decide.👍

kyusho

Turns out credit hire companies aren't even regulated by FCA so I can't complain to financial ombudsman!! 

Where can I go with this blatant case of miss selling? It feels like they know they can get away with it as unregulated 

powerful_Rogue

Small Claims Court for the money.

Police if you think a crime has been committed - However can't see anything being done as will probably be treated as a dispue/mistake.

Citizen advice bureau who might make trading standards aware.