Burnt clutch - hire vehicle

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  • palasmy
    palasmy Posts: 179 Forumite
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    Thanks all for those valuable comments. Can someone help me with posting the pics od the clutch as they claim it to show that its very obvious that it occurred only during my possession.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Upload to a file hosting site and then post links to the images in a forum reply. (Please don't try to embed actual images as they can break the forum for some people if the images are large).
  • palasmy
    palasmy Posts: 179 Forumite
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    Hi

    Please find below the links for the photos showing the clutch of the vehicle as sent by green motion. Their argument is the damage was only on one side only which suggests that this can happen in short period of time and so it was due to my abuse...

    http://www.filehosting.org/file/details/723817/2018-02-01-PHOTO-00000103.jpg

    http://www.filehosting.org/file/details/723816/2018-02-01-PHOTO-00000102.jpg
  • palasmy
    palasmy Posts: 179 Forumite
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    Retrogamer wrote: »
    The clutch damage could have been done at any point in the car's history and it's just came to light when you've been driving it on hire.

    Ask them if they remove the gearbox and inspect the clutch after every time the car is hired
    The answer will obviously be no, so you can then ask how they determined that all that clutch wear was caused by you and not a previous driver.
    After all if a previous driver had caused some accelerated clutch wear then it's going to fail at some point even if driven normally.

    I wouldn't pay the clutch fee at all.

    Thanks Retrogamer, a very valid point in deed and this is how I plan to start my dispute with. Asking them to provide me with the evidence that the clutch was perfectly ok when they rented the vehicle out to me.
  • palasmy
    palasmy Posts: 179 Forumite
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    irc wrote: »
    First step check if your separate insurance covers this. If it does get this in writing before paying Green Motion anything. Then leave it to them. That is why you pay them

    If not, get an engineer to give an opinion. Assuming it supports the view that this is either wear and tear or misuse which could have happened any time before your hire then don't pay.

    Write them a letter saying you are not liable. Enclose a copy of your report. Thereafter ignore anything else short of a letter before claim taking you to court.

    I am not a lawyer but my understanding is that a claim of this size would go to the small claims court. In the small claims you are not liable for their legal costs. Worst case you would end up going to a hearing at your local court. Either a win and pay nothing or lose and pay the £2200 cost. (assuming the Hire Co produced evidence that this was the cost).

    Thanks irc. Sounds like a good plan to follow step by step. Any suggestions or ideas to hire a engineer. Any specific place or can I just request any mechanic from any garage to do it for me for a price.
  • palasmy
    palasmy Posts: 179 Forumite
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    arcon5 wrote: »
    The excess will be on the rental agreement. The icarhire is an excess insurance. So in the case case of incident the hire company charge you costs up to the value of the excess and your excess insurer reimburse you

    The rental agreement says the vehicle excess is 2495 pounds and excludes glass, wheels, tyres, the roof and the underneath. Does it mean the windscreen wouldn't be covered by the insurance?
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    palasmy wrote: »
    The rental agreement says the vehicle excess is 2495 pounds and excludes glass, wheels, tyres, the roof and the underneath. Does it mean the windscreen wouldn't be covered by the insurance?

    Your excess insurance and rental agreement are two separate things.

    That's a big excess!

    I'd contact your excess insurer about it as ultimately they would be reimbursing you. Can't see them liking this situation so they may agree to get involved.

    One things for sure though I wouldn't be paying it. Id let them chase me through the courts. It doesn't sound like you've damaged it to me, sounds like their vehicle developed a fault.
  • System
    System Posts: 178,094 Community Admin
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    I've looked at the picture. The clutch has been slipping but the clutch isn't knackered at all. If it was worn to the point of being unusable due to the clutch being faulty then there wouldn't be those grooves in the friction plate, the rivets wouldn't be as sunk down as they are and there wouldn't be those flecks all over the friction material. I would personally say the damage is down to the clutch cable not being adjusted properly.

    I really would let this one go to court.
  • palasmy
    palasmy Posts: 179 Forumite
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    arcon5 wrote: »
    Your excess insurance and rental agreement are two separate things.

    That's a big excess!

    I'd contact your excess insurer about it as ultimately they would be reimbursing you. Can't see them liking this situation so they may agree to get involved.

    One things for sure though I wouldn't be paying it. Id let them chase me through the courts. It doesn't sound like you've damaged it to me, sounds like their vehicle developed a fault.

    Ok. are there anything in particular I need to request from green motion that will help my communication with the excess insurance provider? theey have given me invoice for the clutch and nothing for the windscreen although they have already charged.

    I also have few email exchanges. Also is it best to keep the communication with green motion in emails from now on so that there is a record for everything. Their responses are very slow though!!
  • Zandoni
    Zandoni Posts: 3,429 Forumite
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    What proof is there that any supplied pictures are from the vehicle you hired. I'd let them take it to court.
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