Talk to Barclaycard! I have no doubt that they have many such cases. The fact that they are witholding payment suggests that they are not convinced.

fwh

Sounds like they are trying to pull a fast one Gill. There must have been something wrong with it in the first place if they couldn't get it into gear.
Ask them to prove your in-laws did the damage (an engineers report will tell them what caused the fire) and ask Barclaycard to make sure the card isn't debited.

I used to work in Car Rental with a major company and any mechanical problems was NEVER the responsibility of the client. It does appear to me that the car hire company are trying to pull a fast one on 'older' people and to try and frighten them and thus get them to pay up. Some people get scared if they are threatened with legal stuff and would rather pay up than face court, but, in this case 'be not afraid' stick it out and fight the case. Good luck and so sorry to hear this awful end to a holiday.

Hi - thanks for the advice. Just to update you. They have written to the company and informed them they have no intention of paying the bill. They have instructed Barclaycar not to pay, and have been issued with a new Visa account. Will update if they hear back.

Any further advice will be welcome.

Gill

The car hire company dont have a leg to stand on, unless they can prove this happened through neglect, which i add would be so difficult to prove.

Insurance is also taken out on the car, ie the person hiring the car will be told of an excess(just say 200 quid), so at the most they could have to fit the excess charges.

Personally i would not worry to much about this, car hire companies also have there own insurance that would cover eventualities as such.

Paul

It wasn't a Peugeot 307 HDI was it? This fault is quite common on these although it normally doesn't end up catching fire (its a design problem with the fly wheel which starts by being difficult to get a gear before shattering and causing extensive damage). I know because it hapened to me with only 19054 miles on the clock! Luckily, all the repairs were done under warrenty, and they were extensive (new gear box, clutch assembly and fly wheel).

I can't see where the car hire company is coming from. Was this not covered by insurance?

Darren

It was a Seat. Yes they did have insurance and the company have not referred to it at all. I agree they are trying it on. Watch this space.

Gill

hope they get sorted soon Gill

Have they got it sorted Gill?

Hi - have just got back from the South of France - fortunately no problems with my car hire!!!

Parents in law are still waiting for a reply from the hire company - the friend whose property they stayed in and who organised the car hire has also e mailed, but also got no reply - hopefully this means they won't pursue the matter!!

Gill

Hi gill. Like you I hope that is the end of it all.

It reminded me of something similar that happened to clients of mine a few years back. The one thing I insisted on, was seeing the actual document the insurance company sent to the hire car company saying that this particular vehicle was not covered by insurance in this instance! Perhaps, should you still be hounded, you could ask to see that report too?

hi gil, it seems to me that if all has gone quiet and they are not replying to e-mails etc, they've finally realised that they are fighting a losing battle and know that they aren't going to get any money from your in-laws. Its their fault if they have'nt got insurance and its up to the hire company to ensure cars are road worthy and has no faults, in this case the car obviuosly wasnt safe and i'm relieved to hear no-one was hurt. I've got a feeling no more will be heard from the car company, do let us know if there is

sarah

Oh no!! After all this time my parents in law have received a solicitors letter from France (in French) chasing them for the money - the letter says they now owe 1,600 euros and this amount is increasing with interest. My parents in law are now worried sick, as they can't afford legal advice, and are wondering if they will have to cancel next years holiday. The letter doesn't state what action the solicitors will take to recover the money - it just asks them to send a cheque (as if!!!) Does anyone know if they can take steps in this country?

Have advised them to try Roz Fernihough's number to see if she can offer advice.

They believe that the problem with the car was the clutch burnt out, and they think the company did say they must not have been driving it correctly - though the company was happy enough to supply them with another car straight away.

Help!

Gill

Gill, did you ask to see the report from the insurance company saying that the car was not covered?

No, cos we thought/hoped it had gone quiet - I will help my in laws compose a letter to that effect, pending any other advice, thanks Sue.(?)

Gill

Sorry - just bringing this back to the top again in the hope it may catch someone's eye.

I've e-mailed the French solicitor asking why there has been no direct correspondence from the car hire company and asking for some paperwork to be forwarded. No reply as of yet.

Gill

What happened here in the end?

Still ongoing - parents in law are holding out to see what, if any, further action they will take - have also placed all info in the hands of a solicitor who my brother in law uses, but are basically waiting to see if any further contact happens. I will definately update if there is any more news.

They did get a photocopy of the repair bill, but it wasn't much help.

gill

oh I remember this Gill - hope they get sorted soon