Gill,
read this thread a couple of times to try to get it clear in my mind.
When the car was hired the hire company will have provided a rental contract to your in-laws and they, presumably will have signed for the hire.
After the fire you said the hire company provided a replacement car. Presumably they provided paperwork accordingly and at that time made no attempt to obtain monies from your in-laws - simply replaced the vehicle.
When their hire period ended thay will have returned the (replacement) car to the depot, been issued with paperwork indicating the end of the contract period and away they go. Again, I'm guessing they were not at that time informed of the requirement to pay £1000 (or the euro equivalent).
Now, on what basis is this hire-company attempting to obtain monet from your in-laws ? Do they (or you) still have the original hire agreement or have you been able to get a copy of that original, signed, hire-agreement ?
Without such information being made available and without that document stating clearly that money will be charged for damage caused by the client they hire-company are on a hiding to nothing. If the contract does state that damage caused to the car whilst in the possession of the hirer will be charged they should have obtained this money either before replacing the vehicle or when the replacement vehicle was returned. The fact that your credit card issuer has even changed the account number of your parents-in-law implies to me that they believe the charges being demanded to be scurilous.
Consider asking your solicitor to counter-sue the hire-company for distress - if he thinks there's any mileage in this approach it may focus the hire-company's mind.
Mike
The fact the car was replaced does not mean that new paperwork was required. Rental agreements which from my experience both home and abroad ( and as someone who has run rental company ) usually have a provision to write in where a vehicle is exchanged. You sign a contract to hire a vehicle, we did this year in Cyprus. The car we had day one was not what we had ordered and was changed the following day. The contract shows the replacement vehicle from day 2 written in. This is accepted practice by insurers. Wihout sight of the report of the damage, and the contract terms, then nobody can do anything but speculate as to why the hire company feel they need to persue a claim. Terms and conditions are very much the same from company to company and country to country but, I have seen T&Cs that have not been what I would term fair.
I take your point about speculation in the absence of paperwork; but, experienced in the car-hire business what's your opinion of this situation ?
Cheers, Mike
Firstly since when does insurance pay out for what seems to be a technical fault? Normally the insurance is to cover accidental damage, hence any excess.
Secondly by providing a second car, did they not effectively agree the car was being driven correctly?
Thirdly in order to sue they would have to prove liability. How the hell can they prove liability for an engine fire?
I agree the agreement or sight of it is crucial. They should have been given a copy at point of sale.
I would be very shocked if THAT agreement made the hirer's liable for a technical fault.
I can understand they are worried, but chances is this is a standard letter sent out by their solicitors, hoping you will panic and pay. Give em the bowmens salute
Any news on this topic yet?
Thanks for the interest - all still quiet on the western front - fingers crossed!
Actually I've just read all the December postings on this topic - I hadnt received reply notification for some reason, which is why I didn't join in. However, I do really appreciate all the comments and will certainly refer back if the hire company comes back at us again.
Interesting article in the Times warning of various problems with hire car companies - mentions my in laws as well!!
Amazing how differently the facts are reported in the paper isn't it.
Not sure what you mean - its a fair account of what happened and my parents in law are happy with it.
The fact that the engine caught fire is completely omitted.
I think the main point is the car hire company tried to take unauthorised payment to cover the cost of the damage to the car, falsely alleging my parents in law had caused the damage, yet saying nothing to them at the time and waiting until they had returned to England.
This is standard - it is a means for the manufacturers to increase sales/registrations and provide a good supply of nearly new cars for the retail market.
It would be interesting to find out in this particular case if a warranty claim has been made on this vehicle for repairs to the gearbox.
It would not be the first time that someone had tried to claim from the customer as well as the manufacturer.
fwh
Oooh! What a suspicious mind!! - wish I'd thought of that one!
We used to sell Fiestas from Jersey that we bought at closed auctions that were ex hire vehicles. We also bought ex Hertz, Avis, Europcar vehicles the same way. The same applied to the other manufacturers.
It might be worthwhile speaking to the solicitor handling your case and telling him about this.
fwh
My parents in law are actually just holding on hoping that the company has given up, as its months since we heard anything. They have a solicitor on hold just in case.
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