Classic car hire refundable deposit - I want my money back
Classic car hire refundable deposit - I want my money back
Author
Discussion

RapidRob

Original Poster:

159 posts

153 months

Monday 17th January 2022
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Not sure where to put this, but I hired a classic car for my wedding in October. Terms were that a refundable deposit would be paid back, usually after a month. Car was great fun to drive, and I didn't crash it, so I'm entitled to my deposit back... But the hire company is telling me that their account has been frozen due to fraud/ money laundering investigations, so they can't pay me my money back. They told me this when I originally chased them up for the money in November, but have recently responded with a similar answer.
It sounds ridiculous that their account is still frozen, so advice on what course of action to take would be appreciated

blue_haddock

5,014 posts

96 months

Monday 17th January 2022
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Send them a letter before action and if still no joy launch a money claim online procedure .

OzzyR1

6,360 posts

261 months

Monday 17th January 2022
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Did you use a credit card when booking/paying deposit?

If so, I would contact the cc provider stating the facts in your OP.

Spare tyre

12,546 posts

159 months

Monday 17th January 2022
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I’d probably start by mentioning you are about to start dropping reviews, how much is it?

NNK

1,169 posts

228 months

Monday 17th January 2022
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If the account has been frozen by the cops/Crown I dont think you will have much luck for quite a while.
Co should be able to give you investigating officers contacts for you to check with and try to lodge a claim although stuff like that may have to wait until its in the hands of the official assignee (if fraud/laundering is proven)

RapidRob

Original Poster:

159 posts

153 months

Monday 17th January 2022
quotequote all
It was 2.5K, and it was on a Debit card. I seem to remember things changing a few years ago so that debit cards give you similar protection, is this correct?

RapidRob

Original Poster:

159 posts

153 months

Monday 17th January 2022
quotequote all
NNK said:
If the account has been frozen by the cops/Crown I dont think you will have much luck for quite a while.
Co should be able to give you investigating officers contacts for you to check with and try to lodge a claim although stuff like that may have to wait until its in the hands of the official assignee (if fraud/laundering is proven)
Sounds like it is the fraud department of the company they use to deal with the payments that is investigating. The last email said that 3 of their clients could not prove where their money had come from for their payments

BertBert

21,244 posts

240 months

Monday 17th January 2022
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RapidRob said:
Sounds like it is the fraud department of the company they use to deal with the payments that is investigating. The last email said that 3 of their clients could not prove where their money had come from for their payments
That's curious if it's an AML investigation. And unusual for a classic hire company to have any specific AML obligations.

KTMsm

28,982 posts

292 months

Monday 17th January 2022
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I would start by asking your Debit card but I didn't think they had similar power to C Card

I do have some sympathy IF their account has been frozen - mine was for absolutely no reason but it only took a few days to sort out

Somewhatfoolish

5,074 posts

215 months

Monday 17th January 2022
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Debit card doesn't have same legal protection as credit card, but Visa do (or used to) offer a similar chargeback facility for their debit cards too.

In future always pay for at least a bit of something on a credit card - whack down £100 on the card and the rest in cash and card has to cover the rest of it (simplification, may not apply for powerfully built company director purposes but is up to £30k).

Chrisgr31

14,275 posts

284 months

Monday 17th January 2022
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BertBert said:
That's curious if it's an AML investigation. And unusual for a classic hire company to have any specific AML obligations.
A deposit of £2,500 sounds high, but that might just be me. I wonder where the company is and what cars they hire out?

Mind you if it is an AML investigation are they allowed to tell everyone that?

RapidRob

Original Poster:

159 posts

153 months

Monday 17th January 2022
quotequote all
It was an E type, and yes with hindsight I should have paid with the credit card. Not sure how specific I can be, but they use Zettle for recieving/paying back the deposits, and Zettle are the ones that have frozen the account, supposedly.

Hobo

6,606 posts

275 months

Monday 17th January 2022
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As someone said above, just start a money claim online claim.

Relatively cheap, and quick. The company won’t want a CCJ if it’s a viable business, so will sort one way or another.

BertBert

21,244 posts

240 months

Monday 17th January 2022
quotequote all
Chrisgr31 said:
Mind you if it is an AML investigation are they allowed to tell everyone that?
It's that wonderful thing that the credit card company can't say why they have frozen the account, but it can only be to do with their AML from the sound of it.

Durzel

12,999 posts

197 months

Tuesday 18th January 2022
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Chrisgr31 said:
A deposit of £2,500 sounds high, but that might just be me. I wonder where the company is and what cars they hire out?

Mind you if it is an AML investigation are they allowed to tell everyone that?
It’s not unheard of. It’s basically covering the insurance excess.

That being said the moment I was told that it would take a month to refund it to me I would’ve walked away. Serious red flag there.

Apropos of nothing but these businesses, I suspect, are quite attractive for money launderers - take large sums of money legitimately, don’t produce anything, have no supply chain and can basically be stood up in no time at all.

If their accounts have actually been frozen for AML investigations then unless they can and are willing to pay you some other way then I imagine there’s not a lot you can do. I’m not sure what MCOL will achieve if they have no mechanism to pay the OP back, and if they are a shady company it would be trivial for them to phoenix it anyway.

LordFlathead

9,646 posts

287 months

Tuesday 18th January 2022
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Send them a letter saying that you will have their business formally wound up via solicitors letter if they do not return monies in the next 7 days.

RapidRob

Original Poster:

159 posts

153 months

Tuesday 18th January 2022
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anonymous said:
[redacted]
No, in the SE but not London, they have 6 or 8 cars for hire. Quite glad that so far he has been civil, although useless.


I think in the end it comes down to whether or not they have any other way of paying me. Would be interesting to see if they would accept new bookings as he inferred that they are not able to operate at the moment because of the account freeze.

Anyway, latest is that they will escalate it with Zettle

this is my username

425 posts

89 months

Tuesday 18th January 2022
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It sounds like a classic case of trying to make their problem your problem.

It isn't "your" £2.5k that has been frozen - it is a business asset which has been frozen. If they can't get £2.5k from that account they will have to get it from somewhere else. That might not be convenient for them, but that isn't your problem. If the cars belong to the business then they have assets which they can liquidate in order to pay you.


KTMsm

28,982 posts

292 months

Tuesday 18th January 2022
quotequote all
this is my username said:
It sounds like a classic case of trying to make their problem your problem.

It isn't "your" £2.5k that has been frozen - it is a business asset which has been frozen. If they can't get £2.5k from that account they will have to get it from somewhere else. That might not be convenient for them, but that isn't your problem. If the cars belong to the business then they have assets which they can liquidate in order to pay you.
If they can't get it from the business account and it's a Limited company then it has become his problem

vikingaero

13,231 posts

198 months

Tuesday 18th January 2022
quotequote all
Is the account frozen argument bull and means they don't have the cashflow to repay you.

I would definitely go for a Visa chargeback - Visa has long championed roughly the same protections for debit card holders as with credit cards. Mastercard "may" be the same:

https://www.visa.co.uk/how-you-pay-matters/chargeb...

Your bank may be reluctant to do so in which case you will need to remind them of the above and you may need to instigate a complaint to get them to action the chargeback.