Hire car £90 surcharge so unfair
Hire car £90 surcharge so unfair
Author
Discussion

Largechris

Original Poster:

2,019 posts

120 months

Thursday 24th March 2022
quotequote all
I'm not a novice at hiring cars, I always take plenty of before and after photos, including of the full tank etc etc.

This was something new. Booked via a UK broker and picked up from their "agent" in Austria, usual airport desk.

I always book to choose the cheapest smallest car available, because most places don't have the smallest car and so you get a "free" upgrade. But I'm always fine with the smallest manual car anyway.

No such discussion at the desk on this occasion, was very quick, "you're having a Suzuki Swace" (never heard of it but was ok, small estate car) and I thought that was the end of it.

Returned full of fuel etc. after 4 days as booked.

I routinely check my credit card statement, low and behold, deduction of £90 a week after the hire finished. mmm.

Thought it was the usual fraudulent claim for fuel tank empty. Nope, on chasing the broker, it was for "upgrade to an automatic".

I asked for a copy of the car hire documents, it does say "upsold automatic" but it's clearly not my signature. The desk never said anything at the time.

I've disputed the charge with the broker and my credit card company.

Broker says "we weren't there at the time, don't know what was said at the desk (nothing), you signed for it (I didn't). Broker refuses to even send me an email address for their "agent".

Credit card company says "you signed for it" and the charge stands (I didn't, I provided samples of my signature etc.).

Credit card company seems to be refusing to consider that if I had wanted an automatic, and been upsold one, i would have signed and paid for it at the start of the car hire. Instead a charge is put on my card a week later, no email from the agent etc. saying what it's for.

Grrrrrr.

Normally I just trot straight off to the small claims court for this sort of thing, but I'm just surprised that the broker and credit card company are arguing the toss with me.

Any ideas what else I can do to make someone see sense and get my money back? Cheers,




Canon_Fodder

1,775 posts

92 months

Thursday 24th March 2022
quotequote all
That's a right rip-off!! No wonder you're furious

It's fraud

Personally I would pursue the credit card company via escalation / ombudsman.

TheDrownedApe

1,778 posts

85 months

Thursday 24th March 2022
quotequote all
i'm assuming you've got a copy of the forms showing you sig and the fraudulent one? Have you sent the broker/CC etc copies of the signatures showing yours and the other one?

i don't see where else you can go, except escalation.

disgusting

paintman

7,860 posts

219 months

Thursday 24th March 2022
quotequote all
Largechris said:
I always book to choose the cheapest smallest car available, because most places don't have the smallest car and so you get a "free" upgrade.
Sounds like on this occasion it hasn't worked & you haven't got your usual 'free upgrade'


Largechris said:
Normally I just trot straight off to the small claims court for this sort of thing, but I'm just surprised that the broker and credit card company are arguing the toss with me.
If they won't play & you've exhausted their complaints procedures then looks like you're off the court again.

bad company

21,919 posts

295 months

Thursday 24th March 2022
quotequote all
I’d have another go at the credit card company, ask for their complaints procedure.

Canon_Fodder

1,775 posts

92 months

Thursday 24th March 2022
quotequote all
OP here's a quick guide to the CC escalation process - you may know all this already.

https://www.which.co.uk/consumer-rights/advice/how...


vikingaero

13,230 posts

198 months

Thursday 24th March 2022
quotequote all
Yup. Start the complaints procedure with the CC company and say you'll take it to the Financial Ombudsman if necessary. It will cost them way more than £90 to handle the complaint. The CC company is likely to be a subscription/funded member of the FO scheme, and any complaints should raise their levy next year,

CarCrazyDad

4,280 posts

64 months

Thursday 24th March 2022
quotequote all
Largechris said:
I'm not a novice at hiring cars, I always take plenty of before and after photos, including of the full tank etc etc.

This was something new. Booked via a UK broker and picked up from their "agent" in Austria, usual airport desk.

I always book to choose the cheapest smallest car available, because most places don't have the smallest car and so you get a "free" upgrade. But I'm always fine with the smallest manual car anyway.

No such discussion at the desk on this occasion, was very quick, "you're having a Suzuki Swace" (never heard of it but was ok, small estate car) and I thought that was the end of it.

Returned full of fuel etc. after 4 days as booked.

I routinely check my credit card statement, low and behold, deduction of £90 a week after the hire finished. mmm.

Thought it was the usual fraudulent claim for fuel tank empty. Nope, on chasing the broker, it was for "upgrade to an automatic".

I asked for a copy of the car hire documents, it does say "upsold automatic" but it's clearly not my signature. The desk never said anything at the time.

I've disputed the charge with the broker and my credit card company.

Broker says "we weren't there at the time, don't know what was said at the desk (nothing), you signed for it (I didn't). Broker refuses to even send me an email address for their "agent".

Credit card company says "you signed for it" and the charge stands (I didn't, I provided samples of my signature etc.).

Credit card company seems to be refusing to consider that if I had wanted an automatic, and been upsold one, i would have signed and paid for it at the start of the car hire. Instead a charge is put on my card a week later, no email from the agent etc. saying what it's for.

Grrrrrr.

Normally I just trot straight off to the small claims court for this sort of thing, but I'm just surprised that the broker and credit card company are arguing the toss with me.

Any ideas what else I can do to make someone see sense and get my money back? Cheers,
Sounds like they have an upsell bonus on things like Automatics etc and have fraudulently signed your documents


Do you have a copy of your original hire agreement (I would imagine you sign one at the desk)?


Otherwise, yes, go to small claims, nothing to lose

Good luck , I'd be fuming too!

Tommo87

5,457 posts

142 months

Thursday 24th March 2022
quotequote all
CarCrazyDad said:
Sounds like they have an upsell bonus on things like Automatics etc and have fraudulently signed your documents


Do you have a copy of your original hire agreement (I would imagine you sign one at the desk)?


Otherwise, yes, go to small claims, nothing to lose

Good luck , I'd be fuming too!
Agree. Keep on going for the hire company, as they sold you the fake upgrade.

The card Co was worth a try, but at the end of the day THEY weren’t an actual party to the scam.

FNG

4,740 posts

253 months

Thursday 24th March 2022
quotequote all
I've never taken anything to smalll claims court. Is it really such a regular occurrence for you OP? I don't think I could cope with that amount of thievery, fraud, unfairness and general wrongdoing in my life!

PF62

4,065 posts

202 months

Thursday 24th March 2022
quotequote all
Tommo87 said:
The card Co was worth a try, but at the end of the day THEY weren’t an actual party to the scam.
They facilitated the scam by providing credit card services to the car hire company. If the Card Co didn’t want to be on the hook, it should have been more careful who it does business with.

Anyway if the cost of the hire was more than £100 the law says they are liable, irrespective of any other argument.

CoolHands

23,399 posts

224 months

Thursday 24th March 2022
quotequote all
Why would an auto be an upgrade anyway? Who says it is better? Tell them you want a partial refund as its worse

PF62

4,065 posts

202 months

Thursday 24th March 2022
quotequote all
CoolHands said:
Why would an auto be an upgrade anyway? Who says it is better? Tell them you want a partial refund as its worse
Autos tend to be larger cars.

When I was working there were some colleagues who would claim they could only drive an automatic (dodgy knee was the usual excuse) when hiring a car as it avoided getting the smallest cars that the company policy meant you would otherwise get.

The big yin

297 posts

70 months

Thursday 24th March 2022
quotequote all
If you have any photos of the car and registration number etc then you should be able to get the charge taken out as it would be obvious it is manual.

KungFuPanda

4,639 posts

199 months

Thursday 24th March 2022
quotequote all
The big yin said:
If you have any photos of the car and registration number etc then you should be able to get the charge taken out as it would be obvious it is manual.
I think there was no doubt it was an auto. The OP just didn't specify one and wasn't told about an extra charge for having one.

caziques

2,842 posts

197 months

Thursday 24th March 2022
quotequote all

Of course, if you do have to go to court, make sure you charge for "stress and inconvenience".

Someone has a nice scam going on.

KungFuPanda

4,639 posts

199 months

Thursday 24th March 2022
quotequote all
People keep banging on about a small claim but I’ll bet that the U.K. broker will (quite rightly) say the car hire contract was formed between the OP and the Austrian car hire company in Austria. So is the OP going to issue proceedings in Austria?

Largechris

Original Poster:

2,019 posts

120 months

Thursday 24th March 2022
quotequote all
KungFuPanda said:
People keep banging on about a small claim but I’ll bet that the U.K. broker will (quite rightly) say the car hire contract was formed between the OP and the Austrian car hire company in Austria. So is the OP going to issue proceedings in Austria?
That is a question, yes, but my booking was via the UK broker.

CarCrazyDad

4,280 posts

64 months

Friday 25th March 2022
quotequote all
KungFuPanda said:
People keep banging on about a small claim but I’ll bet that the U.K. broker will (quite rightly) say the car hire contract was formed between the OP and the Austrian car hire company in Austria. So is the OP going to issue proceedings in Austria?
No. The booking was with the Agent.

The subsequent "contract" for up sold Automatic is not a true contract because you (OP) didn't sign it.

I don't think it was answered, did OP have a copy of original hire agreement? This should show it without any sort of up selling.

caziques

2,842 posts

197 months

Friday 25th March 2022
quotequote all

It's fraudulent use of a credit card.

I suspect the card company would pay the same day they received a small claim.