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RE: Do I have a right to be pissed off an go to small claims court?

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Rasputin
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2014/10/02 12:26:26 (permalink)

RE: Do I have a right to be pissed off an go to small claims court?

Monumentally pissed off beyond belief about Europcar customer service. 
 
I took a hire car from them at 8pm at night drove it straight home and then returned it having been parked in my garage and in no way damaged by myself. Now they have said I left this dint in it which I replied you can barely see and I certainly couldn't see at 8pm at night when you were late delivering the car. 
 
To add insult to injury they are charging me £350 to repair it plus £30 charges and the total bill from their appraisers is closer to £600 WTF. 
 
I contest that its ridiculously small to charge that much its a fcking Audi not a Ferrari. On the quote they are quoting for a respray and gloss etc. 
 
Any panel guys or anyone think I should just go to small claims court over this as I am fuming. 
 
 
 
http://i57.tinypic.com/15x61hi.jpg
http://i57.tinypic.com/105sn0j.jpg
 

Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
#1

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    Aaron Hallett
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 12:41:58 (permalink)
    Before leaving the rental location, you are required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed in the document, you must immediately inform the Europcar employee at the counter in order to proceed with a joint-examination of the Vehicle.
     
    sadly if you inspected the car at night you are making it harder to inspect for defects and faults.
    i hired a van and i went over it with a fine tooth comb, highlighted all sorts that they didnt note on the form as you in effect sign a document saying the car/van is in pristine condition

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    #2
    Rasputin
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 12:58:54 (permalink)
    Aaron Hallett
    Before leaving the rental location, you are required to check the condition of the Vehicle. Where an apparent defect is found which is not already listed in the document, you must immediately inform the Europcar employee at the counter in order to proceed with a joint-examination of the Vehicle.
     
    sadly if you inspected the car at night you are making it harder to inspect for defects and faults.
    i hired a van and i went over it with a fine tooth comb, highlighted all sorts that they didnt note on the form as you in effect sign a document saying the car/van is in pristine condition




     
    Aaron I appreciate that but lets be honest about this. The dint is half the size of my thumb nail and it was dark. Theres surely limit to how much responsibility i can take in a dark unlit car park!! At the same time £350 to repair that and the insurance report says the following. How the **** can they say that it needs recoating etc.... 
     

     
     

    Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
    #3
    Aaron Hallett
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:01:52 (permalink)
    they are @rseholes and they will charge the earth for it, its almost like a scam they run as they will have you over a barrel.
     
    a worker could of dinged the car at the rental place...
    Did they inspect the car after you took it back to the rental place when you left or with you there?

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    #4
    Rasputin
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:04:42 (permalink)
    When I was there hence why i took the pictures. The bloke was a complete ****. Even though I pointed out that if it was raining you wouldn't even have noticed it. To me it looks like a worker has done it with a pressure washer head or something as the ding is toooooo perfect to have been done by anything in the real world imo. 

    Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
    #5
    Greyphantom
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:16:13 (permalink)
    with IB on this, we had a hire car when ours broke down in france and when we returned it the fvcktards in the office were not coming to the door as the lazy ar$es there dont work between certain times (I was 2 mins past the hour literally)... phone the rac (who we had the breakdown cover with) they said leave the vehicle and put keys in the box (still the employees inside btw) did this but took photos... thank fvck I did cos they tried charging nearly a grand for "damages"... we contested with pics and they withdrew the charges after a while (rac were brilliant helping us as much as they could) and finally the charged for an extra days hire even though their employees were right fvcking there not working lazy feckers... rac covered that though... you will have to have as much documentation as possible, if you have pics thats great esp if its after drop off... if they didnt sign off on it then you can argue effectively that they did it after you left it they would then have to prove this wasnt the case... if you can contest with the credit card company too saying they need to stop payment as its a wrong charge, then hit the head office and then hope for the best, btw we used eurocar once... never ever again, bunch of ar$es...
    #6
    Total Rebuild
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:18:53 (permalink)
    It's a sh1tty situation but I think they pretty much have you over a barrel. Your only course of redress is to wait a few months then re visit their lot one night with a few half charlies.  

    You did gain far too much fat though,I mean,you're not muscular at all,you're just a fat mess.
    #7
    lancs_lad
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:25:16 (permalink)
    What happens if you refuse to pay? (cancel card?)  Will they be bothered to take you to court?
    #8
    Beanyman
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:40:48 (permalink)
    They won't repair the car anyway, just pocket the cash.
     
    Most large hire car companies lease the cars from the manufacturer and then return them within a year and leave them to take care of any remedial repairs. 
     
    Must admit, I can't see the dent in your pics, that said, I'm apparently the 100,000th visitor to the TinyPic's website today and have won a prize! 
     
    Assuming you've complained to the store manager, I'd escalate your complaint up to head office clearly stating the facts .. late delivery, dark, were you asked to check the car for damage, professionalism of customer service you have received so far and see how that goes.
    #9
    klein
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 13:47:06 (permalink)
    They are at the fanny. They will take your money though and will have that repaired at the same timer as all the other chumps with dings by the 'chips away' guy who will push that back out from behind for £25. This is possible as there is no crease or paint damage.
     
    Next time you rent whack some sugar in the tank after you park up at their offices - that will make you feel better 
     
     
    #10
    TESTnTREN
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 14:51:23 (permalink)
    WOW thats one hell of a dint!
     
    i cant even see it!!! 
    #11
    dazzz
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 15:09:50 (permalink)
    I cant see it either....the only thing i can see is that you've been well and truly shafted.
    Probably worth speaking to a solicitor being as you get 30 mins free with most of them. You'd think the clause for checking damage would only be about what you can reasonably be expected to see

      




     
    #12
    Lay
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 15:14:31 (permalink)
    So, was this noticed at the time you returned the car, or was this after you had dropped it off, got someone to sign for it, and then left?
     
    Also, is there a minimum scratch/mark size according to the rental agreement? What I mean is, you could be liable for the minutest mark if there wasn't.
    post edited by Lay - 2014/10/02 15:16:05
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    Rasputin
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 15:17:14 (permalink)
    Well the pics are there for all to see on the tiny URL and the pics they have which they took are exactly the same. So its not like I'm using clever lighting. I spoke to my mate who is a Senior Solicitor for EY and she was like well there ****s. Most likely we will get shafted but I will write them a letter explaining I'm a senior partner and I charge X per hour to look at this case etc... She did say the actual amount of the charges would be fully contestable though. 
     
    Sadly they took the cash already as they pre authorise your cards when you take the car its a ucking joke. 

    Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
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    Beanyman
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 16:10:05 (permalink)
    There is an error in their T's & C's under clause 7 - insurance at the end of 7.1.1 (highlighted below)
     
    [font="verdana; font-size: 14px; line-height: 1.8"] IN THE EVENT OF LIGHT DAMAGE, YOU WILL BE DEBITED according to the provisions of section 6.1.2.
     
    Section 6.1.2 doesn't exist, I believe they are actually referring to 7.1.2
     
    http://www.europcar.co.uk/EBE/module/render/terms-and-conditions-general-rental-terms
     
    Surely as in this case the clause referring to light damage doesn't actually exists, they are unable to charge you?  Worth having another chat with your solictor mate to see if he agrees that they are unable to force a clause that doesn't actually exist on you.
     

    7 INSURANCE

    All the vehicles in Europcar's fleet are insured against Bodily Injury and/or Property Damage that you might inflict on a third party as a result of an accident involving the Vehicle. The amounts for such liability cover are available on request in the country of rental.
    In particular, you must comply with the rule concerning permitted destinations, as set out in Article "use of the vehicle" above, in order to have the full benefit of the insurance provisions.
    IMPORTANT NOTE:
    Damage to the under body-work and/or roof due to collision with bridges, tunnels, overhanging structures etc., is excluded from the damage cover, unless force majeure can be proved. Exceptions to this regulation may apply in some countries.
    7.1  Liability in the Event of Damage to the Rental Vehicle or Theft or Conversion thereof
    7.1.1 You will be liable for any damages to Europcar when renting a Vehicle that has been entrusted to you.
    Therefore, in the event of theft of the Vehicle or damages caused to it, you must fully indemnify Europcar (the indemnification will include the amounts corresponding to the repair costs, resale value of the Vehicle, loss of use, administration charges...).
    The amount will not exceed the market value of the rented vehicle at the time of the event.
    This liability may be reduced if you opted for the "reduced liability" plan as defined in Article above.
    Therefore, at the end of the Rental, IN THE EVENT OF DAMAGE OR THEFT, YOU WILL BE DEBITED with an amount equal to the non-waivable excess charge according to the tariffs in force in the rental country. IN THE EVENT OF LIGHT DAMAGE, YOU WILL BE DEBITED according to the provisions of section 6.1.2.
    You are advised that any waivers you may have chosen will be invalidated if you fail to take reasonable measures for the safety of the Vehicle, its parts or accessories, or fail to comply with all restrictions on the use of the Vehicle or otherwise abuse or misuse it.
    You will not be exempt from liability towards Europcar in the case of breach of contract. Therefore, you will be responsible for any financial loss Europcar suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts Europcar spends in enforcing these terms.
    THEREFORE IN ANY CASE, NEITHER EUROPCAR NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAW SUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE RENTAL OR THE USE OF ANY VEHICLE WHEHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD EUROPCAR HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE RENTAL AND/OR THE USE OF THE VEHICLE.
    If the loss suffered by Europcar is subsequently reduced (recovery of the Vehicle within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.
    7.1.2 Light damage (valid only if applicable)
    Both at check-out and check-in Europcar will record in the rental agreement all visible light damage to a vehicle in compliance with the detailed list of light damages and repair costs displayed at the counter which you hereby acknowledge. The customer has responsibility of checking that any damage on the vehicle matches that shown on the rental agreement at the start of rental, and must notify the branch as soon as possible if it doesn't.
    At check-out unrepaired damage must appear on the rental agreement with the appropriate signatures by you and Europcar. At the end of the rental i.e., at check-in, the identification of any new light damage must be added to the rental agreement. Any new light damage will be immediately pointed out to Europcar, mentioned in the rental agreement, and signed by you and Europcar. This damage will be charged to you at the repair price mentioned in the list displayed at the counter. Where this option is available, you will approve by signing electronically or by signing the relevant paper document.
    These repair costs will be directly billed to you by Europcar and will include the cost of the damage repair as well as administration charges, immobilisation costs, spare parts and labour costs. The above-mentioned invoiced repair costs are payable under the same conditions as for the payment of the rental agreement.
    Europcar strongly recommends that you carefully read this information available at counter
    7.2 Summary of the Optional Contractual Guarantees Offered by Europcar
    ALL THE FOLLOWING GUARANTEES ARE ONLY APPLICABLE FOR THE DURATION OF THE RENTAL AGREEMENT AND SUBJECT TO COMPLIANCE WITH THE REQUIREMENTS OF THE TERMS OF SECTION 4.
    You acknowledge that you have read and understood the following summary of the terms relating to optional Exoneration and/or Limitation of Liability ("ELL") guarantees and that you may elect to choose any of the optional ELL guarantees by so indicating on the rental agreement.
    CDW (Collision / Damage Waiver):
    If chosen and indicated in the rental agreement or if included in the rate, this facility will limit your liability for any damage to the Vehicle which is not otherwise recovered from a third party, subject to the Non-Waivable Charge. Exceptions to this regulation may apply in some countries.
    NWC (Non-Waivable Charge):
    Fixed amount charged for every rental for which CDW has been taken out and where the Vehicle is returned damaged and the repair costs are not recovered from a third party. The amount of Non-Waivable charge may vary from time to time. Details are available at time of rental.
    P.A.I (PERSONAL ACCIDENT INSURANCE):
    If chosen and indicated in the rental agreement or if included in the rate, this option provides a financial indemnity for you and passengers (subject to permitted number of occupants in the vehicle) in the event of death or permanent disability. The amounts vary from country to country and may also vary depending on whether an adult or a child is involved. Similarly, Partial Disability may lead to lower payment or to no payment at all if disability percentage is below a certain threshold.
    Some countries may also provide reimbursement of medical costs under this option.
    The PAI coverage is provided by Insurance Company. The terms and conditions of this coverage are contained in a master policy, a copy of which is available upon request. By accepting the PAI coverage you agree to the terms and conditions of the master policy.
    TW / TP (Theft Waiver / Theft Protection):
    If chosen and indicated in the enrolment form or if included in the rate, this relieves you of your financial liability in the event of the Vehicle being stolen, except where incurred through negligence and/or breach of contract.
    Subscribing to the CDW option alone does not necessarily provide this cover. TW may be mandatory in some countries and is strongly recommended in many countries. It may be subject to a non-waivable charge.
    #15
    Rasputin
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 17:03:38 (permalink)
    Thanks for the heads up. 

    Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
    #16
    teapot
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 20:48:14 (permalink)
    I have read many stories about europcar, they do this all the time it seems to be their business model. if it was raining then i'd contest it as there is no way you could see it. for a start id ask for the previous rental sheet to see if it was flagged up on there or not and if possible the previous renter. if they wont let you see the sheet then you know why.
     
    even if you did pay they dont repair these marks, they just charge the next person as well. get hold of the previous rental sheet and or tell them to take you to court, you could argue due to the rain they didn't give you an opportunity to fully inspect it.
    #17
    pocketsized
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/02 21:02:34 (permalink)
    as a paintsprayer/ panel beater of 15 years having dealt with a few rental firms i know exactly what will happens  cars like this ,either one of the three.
    1) go to a body shop or prep centre where they will pay a very low labour rate as the rental firm will be a big contract customer so generaly the jobs are rushed through,cheap materials, back street bodyshops typicaly.remember the repair has only got to last 3 years max as the car will go to auction at the end of its rental life.
    2)mobile repair either paintless dent removal with rods pushed behind the door skin or smart repaired (sprayed out side in a car park,not in a spraybooth.
    3)damage is very minor so no repair will be carried out as the car will go through the local auction as soon as its out of warranty.
     
    they certainly wont be paying 600 quid to have a tiny ding removed from a door, £30-£40 from a paintless removal guy id say.
     
    #18
    Ian4996
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/03 13:48:27 (permalink)
    You've got every right to make a claim to the Small Claims Court. This is exactly the type of thing that Small Claims Courts were brought in for.
     
    However, before doing so, I'd get an assessment of your likelihood of winning from someone who's qualified in the field (your lawyer friend or otherwise). I'd then use this to decide whether it was worth pursuing or not

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    #19
    Rasputin
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    RE: Do I have a right to be pissed off an go to small claims court? 2014/10/03 14:45:19 (permalink)
    Just nipped down the local body shop they basically reiterated that Europcar were ****s and gave me a quote for the work for the princely sum of £35. 
     
    Lawyer is going to send them a letter this weekend. Im hiring a car from them on Saturday which was pre booked back in August so will have a polite word with the chap who mans the desk as he is the manager and actually alright. 
     
     

    Ra Ra Rasputin lover of the Russian Queen, Ra Ra Ra Rasputin Russia's greatest love machine (Allegedly)
    #20
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