Enterprise Van Write off Charges after Roof Damage

missmardybum

In April, my Partner and I hired a Van from Enterprise for me to move my stuff. On collecting the van we were asked if we'd like to take out the additional Damage Waiver for £35 so we did for peace of mind.
On arrival at mine, we drove through the arch fine but whilst looking in the mirrors, the front of the van hit a dropped lip and damaged the front of the van. The back of the van then raised and hit the back too. We managed to move the van out without causing anymore damage but we were aware that when we returned the van we will have to pay the excess of £250 due to us causing damage. We returned it to the depot and explained exactly what happened and the girl looked at the van, took the excess charge and told us 'It's fine don't worry this stuff happens all the time - all out repairs are done in house so we don't need to worry about insurance etc it's just the £250 to pay and you won't have any come back or hear from us again' She told us this about 3 times, WRONGLY it seems. No photos were taken but we did have a damage report sent to us there and then which she said also goes to the damage repair unit and it's just for admin.

Thought nothing more of it and took her word for it so we were carrying on with life but then one week later, £1750 came out of my partner's account from Enterprise without any prior warning or an email to advise us. After trying to get hold of someone for 3 hours and being passed around everywhere, we finally spoke to the area manager who told us the damage was not covered within the T&Cs and it was a breach of Contract as it was roof damage. He said the damage report was currently at just under £5000 but that was all he could tell us as he wasn't at his computer to see the details.

Spoke to him a few times that week as we were keen to get it sorted out and done. We never disputed the fact that we caused the damage and after getting our heads around it we were willing to pay whatever it cost to repair the van as we had already accepted liability and morally felt it the right thing to do as we had (unknowingly at the time) breached the contract. After failed attempts at getting any more information from the Area Manager but a promise that if there were any loss of hire charges on the final bill he would personally remove those for us as we had been honest and upfront, we were passed to the Claim Handler in the Damage Repair Unit who told us that the claim was currently sitting at around £8000 - £9000 but it was being repaired however the parts were on back order so it was unlikely that the van would be repaired and any final costs calculated until the end of May.

We got on with our lives and tried to forget it as nothing more we could do until we got the bill through. I emailed the Claim Handler on Thursday last week to just see if there were any updates with this case more out of curiosity that it was being dealt with still, to be told the following...

"The claim currently appears to be on hold with our billing team at present. When I discussed this with **** I know he told me that the branch’s area manager advise the vehicle was being repaired, but from what I can see on the claim that is not the case. It appears to me that enterprise have chosen not to repair the vehicle and then note on file from my colleague in the billing team is that they’re currently awaiting confirmed salvage costs (as of this week). The salvage cost will be required as part of the cost calculations relating to the claim and so these would need to be confirmed before they would be able to proceed further with the claim.
My apologies I cannot provide you with a more substantial update than this"

So, after trying to again get hold of someone Thursday and Friday to see what processes they follow to get to a final quote, I was told the claim was in dispute and with Escalations Team (We have never once disputed this - we have always accepted liability and not formally put this into dispute to say we won't pay etc) and I kept getting told that only the Claim Handler can help us and he says he's going to call us on Tuesday (hopefully) but in the mean time, I was wondering if anyone had had the same experience or anyone with any knowledge of Enterprise Rentals knows how they come to final charges or what that final charge MAY be if the van is to be scrapped?

Also would be good to know legally where we stand as in if we get charged £30000 or a new van plus loss of hire charges that's a MASSIVE amount for anyone let alone 2 adults on an average wage. We are trying to protect ourselves 'credit wise' to prevent any black marks on our name and want this to be over as it's just dragged on and we've been lied to from beginning to end. If the bill needs to be paid then it needs to be paid but we are just attempting to prepare ourselves over what could be coming.

ANY advice is hugely welcome about what questions I should be asking them in relation to the final bill, and if anyone knows if there is a 'cap' on this kind of thing... Like are they able to actually chrge us for a whole new van which is potentially £30,000+??? 

Thank you in advance.

Keep_pedalling

Unfortunately this probably falls under 3) c xiv / xv of the terms and conditions so CDW will not cover you. 

https://www.enterprise.co.uk/content/dam/eu-business-rental/2022-UK-Ireland-BRANDED.pdf

WellKnownSid

Yes, I’ve hired hundreds of times in ten or twelve different countries - and I don’t ever recall a hire agreement which didn’t very explicitly exclude damage to roof, underside, theft with the keys, etc.

missmardybum

Thanks both. I am (as mentioned) not disputing the fact that we have breached the contract although it wasn't made clear when we collected the van I can see in the T&Cs about the height restrictions, roof damage etc etc so I know we have no way to argue that which is fine. My question is more wondering if there is a cap for consumers on the amount we have to pay for the damage or can they literally just charge whatever they want?

Alderbank

Not just whatever they want, and certainly not the cost of a new van.

The T&Cs say

9. Liability
Renter may be liable for the following costs:

In the event that the total estimated repair cost is greater than the value of the Vehicle minus the salvage value, an estimate of the retail value of the Vehicle immediately prior to the damage, as independently verified, less the salvage value.

So if a new van is £30K, the estimated but independently verified value of that used vehicle before your accident was say £20K and its salvage value is now £12K, then you would be liable for £29K - £12K which is £8K.

The hire company receive £12K in salvage and £8K from you which is the value of the van before you damaged it so they are simply put back into the position they were in before you hired it.

BlueHarbourBouy

Look up Trustpilot for Enterprise often problems with CDW and different employee interpretations are mentioned. They get very poor ratings.

Mildly_Miffed

You won't have to pay the full cost of a new van.

Let's say it was a £30k van new, and £25k-worth at the time of the collision.
You've done £10k of damage to it.
But it's still worth £17k salvage value.
Your liability is £8k - £25k pre-collision value minus the £17k they'll get for it damaged.

There may be other costs, not least loss of rental income from it.

But, yes, "overhead damage" is just about always excluded from van hire insurance.

born_again

missmardybum said:

Thanks both. I am (as mentioned) not disputing the fact that we have breached the contract although it wasn't made clear when we collected the van I can see in the T&Cs about the height restrictions, roof damage etc etc so I know we have no way to argue that which is fine. My question is more wondering if there is a cap for consumers on the amount we have to pay for the damage or can they literally just charge whatever they want?

You have a right to get your own quote for the work.

Mustbeananswer??

I feel soory for the OP ..Sometimes the uncertainty of what you have to pay is worse than the penaltty itself.

FGS Enterprise ...give the Bloke a price!!!  

user1977

WellKnownSid said:

Yes, I’ve hired hundreds of times in ten or twelve different countries - and I don’t ever recall a hire agreement which didn’t very explicitly exclude damage to roof, underside, theft with the keys, etc.

The trouble is that contract (from my quick squint at it) seems to exclude almost everything which is the driver's fault.

Gionta

What did Enterprise do at the end? How much did they charge or tried to charge?
I am in a similar situation now. Accepted liability and it is very unclear what's going on. Office where I rented from are saying 2000 pounds charge, damage recovery are evaluating the damage... it doesn't seem fair after they sell you all sorts of coverage and insurance...