Damage To A Hire Van - Potential Legal Action
Discussion
A few weeks ago my son rented a van for the day, but slightly scuffed the side. The damage relates to a small scuff on the vertical aluminium section and barely visible scratch on the panel that should simply polish out. (see photo)
He fessed up to it when he took the van back and they've got very s
tty about it. They say is going to cost £1,800 to fix, they have quotes but won't let him see them and they have sent him notice of intended legal action. They have also kept his £250 deposit. He's done a bit of digging and it seems the hire company have something of a reputation for this sort of thing.
I think he should tough it out and go to court if they do serve a summons as the costs are totally disproportionate. Does anyone have any experience or better knowledge of this sort if thing?
He fessed up to it when he took the van back and they've got very s
tty about it. They say is going to cost £1,800 to fix, they have quotes but won't let him see them and they have sent him notice of intended legal action. They have also kept his £250 deposit. He's done a bit of digging and it seems the hire company have something of a reputation for this sort of thing. I think he should tough it out and go to court if they do serve a summons as the costs are totally disproportionate. Does anyone have any experience or better knowledge of this sort if thing?
I'd let them take you to court.
It'll be up to the magistrate to decide whether £1800 is fair and reasonable.
Just show the photo in court.
It would have been better though to get a pic of the whole side of the van, they may say the scratch went down the whole length of the van if they're a dodgy bunch. Do you have another pic?
The magistrate may even say the £250 is too much for that minor damage.
It'll be up to the magistrate to decide whether £1800 is fair and reasonable.
Just show the photo in court.
It would have been better though to get a pic of the whole side of the van, they may say the scratch went down the whole length of the van if they're a dodgy bunch. Do you have another pic?
The magistrate may even say the £250 is too much for that minor damage.
Trevor555 said:
I'd let them take you to court.
It'll be up to the magistrate to decide whether £1800 is fair and reasonable.
Just show the photo in court.
It would have been better though to get a pic of the whole side of the van, they may say the scratch went down the whole length of the van if they're a dodgy bunch. Do you have another pic?
The magistrate may even say the £250 is too much for that minor damage.
+1 It'll be up to the magistrate to decide whether £1800 is fair and reasonable.
Just show the photo in court.
It would have been better though to get a pic of the whole side of the van, they may say the scratch went down the whole length of the van if they're a dodgy bunch. Do you have another pic?
The magistrate may even say the £250 is too much for that minor damage.
They've no intention of having a hire van repaired - They're just trying to make an easy £2050 without doing anything!
What were the insurance arranged on the van? (his own insurance or their insurance?)
Either way, if they really did want the van repairing, it has to go through the insurance company, and not the person who hired the van.
Barely visible? You can see it quite clearly, nothing barely about it. That said the hire company is clearly trying to mug someone off, personally I'd grizz it out and let them try it on. Pity about the deposit though, could be a fight that one especially if it's written into the Ts &Cs.
If that's some way structurally damaged, then the repair cost sounds reasonable to rectify, but it does look like cosmetic damage to me. A scuff like that on paintwork would likely only require a 100 quid smart repair at most.
It's worth checking if it's classed within the industry standard fair wear & tear guide - https://www.bvrla.co.uk/service/fair-wear-and-tear...
If court actin is meeting threatened, then I'd also suggest looking at the BVRLA consumer arbitration service.
https://www.bvrla.co.uk/advice/guidance/using-bvrl...
It's worth checking if it's classed within the industry standard fair wear & tear guide - https://www.bvrla.co.uk/service/fair-wear-and-tear...
If court actin is meeting threatened, then I'd also suggest looking at the BVRLA consumer arbitration service.
https://www.bvrla.co.uk/advice/guidance/using-bvrl...
Might be worth having a read of this on pepipoo.com, the situation isn't quite the same but will give you an idea what kind of process has happen and what 'intimidating' letters may be sent.
I'd definitely not be paying.
http://forums.pepipoo.com/index.php?showtopic=1190...
I'd definitely not be paying.
http://forums.pepipoo.com/index.php?showtopic=1190...
The excess from them was £2500, after being told unless I pay it I’ll have bailiffs knocking I left.
The company have not sent an invoice for anything to be paid & only an email with the amount & them expecting me to get in touch with the office within 7 days to pay.
Now have an email from the same email as the director, manager & reception from the legal department threatening legal action unless payment is made within 14 days............ still no invoice to pay.
The company have not sent an invoice for anything to be paid & only an email with the amount & them expecting me to get in touch with the office within 7 days to pay.
Now have an email from the same email as the director, manager & reception from the legal department threatening legal action unless payment is made within 14 days............ still no invoice to pay.
Who actually hired this van? Whose name is on the rental agreement? You, or your son? If it's your son, they really shouldn't be talking to you at all.
You/he has been given a figure. It might not be written on a piece of paper that says "invoice". It might not have all the detail you/he want. But it doesn't really need to...
There's two questions.
1. Is there liability? That seems an unequivocal yes. The van was rented without that damage, and returned with it.
2. Is the figure reasonable? That's far harder to quantify...
So if the rental firm do take it legal, then it's really only an argument over the amount. And the court can/will decide that. If the amount the court decides is fair still goes unpaid, then there'll be a CCJ against whichever of you, and that debt can be enforced.
You/he has been given a figure. It might not be written on a piece of paper that says "invoice". It might not have all the detail you/he want. But it doesn't really need to...
There's two questions.
1. Is there liability? That seems an unequivocal yes. The van was rented without that damage, and returned with it.
2. Is the figure reasonable? That's far harder to quantify...
So if the rental firm do take it legal, then it's really only an argument over the amount. And the court can/will decide that. If the amount the court decides is fair still goes unpaid, then there'll be a CCJ against whichever of you, and that debt can be enforced.
I'm not a solicitor so check this with someone who's qualified to give an opinion;
Going by the pic it looks like a minor scratch to the metal strip and possibly a mark on the paint that wont wash off. my suggestion is your son gets a quote from the pics to repair it and offers that amount. I would get quotes from an independent place, not a main dealer, of course. As an example google scuff busters, they will quote from pics.
If, as I suspect, the quotes are below the amount of the deposit for polishing the marks out/smart repair, send the quotes to the rental place and point out that they have the deposit and that will cover it plus a bit for admin. If the quotes are above the deposit amount suggest your son sends them a cheque for the difference. Either way say that's the full and final settlement and you consider the matter closed.
Going by the pic it looks like a minor scratch to the metal strip and possibly a mark on the paint that wont wash off. my suggestion is your son gets a quote from the pics to repair it and offers that amount. I would get quotes from an independent place, not a main dealer, of course. As an example google scuff busters, they will quote from pics.
If, as I suspect, the quotes are below the amount of the deposit for polishing the marks out/smart repair, send the quotes to the rental place and point out that they have the deposit and that will cover it plus a bit for admin. If the quotes are above the deposit amount suggest your son sends them a cheque for the difference. Either way say that's the full and final settlement and you consider the matter closed.
That looks like a strip of anodised aluminium, if that’s the case (and I’m pretty sure it is) you can’t polish is out and repaint it , the only way to fix it back to the way it was pre accident is either replace it or remove it , machine it back flat and and re anodise it ! In reality you would never do this as it’s just a minor blemish , rental vans are covered in them. It’s knocked about £50 of the value of the van if that, but as said the rental company have seen an opportunity to make some easy cash ! Also NEVER fess up , it does you no favours , let them find the damage and prove it wasn’t there before .
Out of curiousity suppose you do end up paying them £2000 to fix it (or if you had insurance, you claim £2000 off insurance to fix it or whatever they quoted you).
Six months later you see the exact same van driving past you. The scuff is still there. The company very obviously hasn't bothered to repair it and certainly won't be doing so now.
Do you have any recourse to demand your money back? Particularly if there was an insurance claim involved, if they claim the money for the repair from the insurer then simply pocket it, isn't that insurance fraud?
.
Six months later you see the exact same van driving past you. The scuff is still there. The company very obviously hasn't bothered to repair it and certainly won't be doing so now.
Do you have any recourse to demand your money back? Particularly if there was an insurance claim involved, if they claim the money for the repair from the insurer then simply pocket it, isn't that insurance fraud?
.
I would say you wouldnt , the money is compensation for the damage done, if a repair is not done (which in this case it won’t be) it’s still devalued the van . Say someone slaps your brand new iPhone out of your hand you just paid £1000 for , they then give you £1000 for a new one , a year later they find out you didn’t buy a new iPhone but a cheapo Nokia they can’t just ask for their money back , and if you have it back then you have still lost out !
Last year I hired a Peugeot Boxer for the delay. This thing was a '66 plate, with less than 10k miles on the clock. Yet it looked like it had been delivering aid convoys to Syria for the last 5 years. Is there actually such thing as an immaculate hire van, because if the OP's hire company is complaining about a minor scuff like that they need to get in the real world.
And £1,800 to fix FFS, bunch of cowboys
And £1,800 to fix FFS, bunch of cowboys
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