Charge for Hire Car being Stolen
Larry9999
Posts: 17 Forumite
Hi all,
Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for £495 for the excess as per the clauses at the bottom of this post.
My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
Any advice on this would be great.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.
17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for £495 for the excess as per the clauses at the bottom of this post.
My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
Any advice on this would be great.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.
17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
0
Comments
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Hi all,
Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for £495 for the excess as per the clauses at the bottom of this post.
My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
Any advice on this would be great.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.
17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
Did she not read what she signed?
Cheques only take 3 days do they not?0 -
Hi all,
Hopefully got this on the correct bit so...my wife had her car written off whilst parked up (so no argument of fault) and she is with Hastings, they then gave her a hire car through Auxillis who gave her a Ford Fiesta with keyless entry, she accepted the agreement expecting to only have the car for tow or three weeks until she recevied the payout cheque but due to an administrative error on the part of Hastings it took them 2 and a half months to send her the cheque. The day BEFORE she received the cheque the car was stolen (the keys were still in our house) and so now they have sent her a bill for £495 for the excess as per the clauses at the bottom of this post.
My argument firstly is that she wasn't made aware that she would be charged if it was stolen (she was aware she'd need to pay if it was damaged) and secondly the car should've been taken back 2 months ago if they (or hastings) hadn't made an error. Also they have not offered another hire car so she has had to wait for the cheque to clear (7 days) before she can even start to look for one).
Any advice on this would be great.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess but there are exceptions
and if they apply You will have to pay Us the full reasonable retail cost of repair or replacement whether or not You have paid the Damage Protection Charge. The exceptions are: (a)
the damage or loss is, in our reasonable opinion, caused by the gross negligence, deliberate act or inappropriate use of the Hire Vehicle by You, an Additional Driver or a passenger;
and/or (b) there is interior damage, the wrong fuel has been used or there are missing keys (or equivalent), accessories, parts or equipment.
17. You will on demand pay to Us an amount equal to the daily rental rate appropriate to Your period of hire specified overleaf in respect of damages for loss of use for each calendar
day or part of a calendar day up to a maximum of 30 days where the Hire Vehicle is unavailable to Us for hire because You have not returned it in accordance with Clause 9 or it has
suffered a mechanical failure (except where You have complied with clause 23) or it has been damaged. We will have the repairs carried out in a reasonable time.
IME the excess is the same as your policy on the original car.
so what are they saying is the act of negligence to make the excess higher?0 -
I would say 'loss' covers it.0
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So are we saying they can chrge her for the car being stolen ? if so then our issue is that firstly she has only had this car for 2 and a half months due to the insurers saying they gave the third party the wrong registration of her written off car so had they not made this error then the car wouldn't have been there. Secondly we thought she was entitled to a hire car for 7 days AFTER she received the cheque however they were coming to collect it the day BEFORE the cheque arrived. Thirdly she was not made aware that she would be chraged should it get stolen, she was only aware she would get charged if it was damaged.0
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This covers it, show your wife.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess0 -
Has the car been recovered?
Do the police know who took it?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
This covers it, show your wife.
14. You will when asked pay Us the reasonable retail cost of repair or replacement if You do not return the Hire Vehicle including its accessories, parts and equipment in the same
condition as they were at the start of the hire, whether or not You caused the damage or loss. You will usually only have to pay the amount of Your Excess
£495 doesnt sound like a policy excess,more like a different excess level through negligence as per the T&Cs0 -
I don't understand why she had to wait for the cheque to clear before she could start looking for a car. She can find a car, pay a deposit and then collect it once the payment has cleared and she is able to pay the balance.0
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she wasn't able to look for a car as she hasn't had any deposit money spare and didn't know when the cheque would arrive (bearing in mind it's taken them 2 and a half months to get it to her). She still hasn't received the scrappage cheque yet.
We're more annoyed at the fact that she didn't really want the car anyway but needed it as a necessity under the impression it'll only be there for a couple of weeks. If the insurance company hadn't have made the error then she wouldn't be in this situation.0 -
she wasn't able to look for a car as she hasn't had any deposit money spare and didn't know when the cheque would arrive (bearing in mind it's taken them 2 and a half months to get it to her). She still hasn't received the scrappage cheque yet.
We're more annoyed at the fact that she didn't really want the car anyway but needed it as a necessity under the impression it'll only be there for a couple of weeks. If the insurance company hadn't have made the error then she wouldn't be in this situation.
Whats this now?0
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