07 Apr 2016

A question about : Advice RE: Rental car due to write-off of car

Hi all. Advice needed.

Basically, my car was written off last month thanks to someone crashing into me. He has accepted liability, it turns out my car was declared a write-off.

My insurers had provided me with a courtesy car, and was told that once my cheque had been received by me, I would then have 7 days to return the courtesy car. which is fair enough. This was apparently sent on the 6th Feb to IMS who were acting on my behalf. Enterprise (car rental) rang me and I had no knowledge of this until I rang IMS last Monday to confirm - which they had. They advised i had 7 days until I received the cheque. However, I was due to give the car back on Friday (12th) to which I advised that I had not received the cheque. I rang them on Thursday and Friday and both times advised they will sort out an extention and then let me know. However, I get a call an hour ago saying they are not agreeing to the extention as it's 7 days from which the insurer who crashed into me sent the cheque to IMS. AT NO point was I advised of this. At all. Now Enterprise advise that I need to return the vehicle back ASAP and I owe them 90 odd quid. Which I do not believe is fair as they have records of me chasing up with IMS and themselves.

I have been chasing the cheque of the value of the car since the beginning of last week, and it only arrives today (not even recorded delivery for a cheque over 1500) - They tell me if I had not received this cheque by today, I would need to call them to put a stop and then they would issue a new one, so I was thankful it arrived today. I rang IMS to advise them of this (around 1pm today!!) and they then advised I would now have 7 days to return the courtesy car (from today) Which I believe is fair enough. I could now start looking to look for a car, as I work 18 miles away

I managed to find out the name of the 3rd party insurer, but ffs, they are closed (aviva) as I've been told that Enterprise would need to liaise with them.

Is there anything I can do? I need some advice here, as if I would have known and not given incorrect information, I would have returned the car back on Friday. I dont have the money to pay Enterprise and this is ridiculous

Best answers:

  • It's not a courtesy car, it's a "Credit Hire" car for which you've signed a rental agreement and a credit agreement.
    The costs of the credit hire car are well in excess of what you would normally pay for this type of car. The costs are born by the other side but they the other Insurer will only pay for while you have the car under strict guidelines hence the 7 days after cheque issue.
    Incidently Enterprise paid your Insurer circa Ј350 commission for putting you in the credit hire car
  • So....even though I was told on Friday by Enterprise, that it should be fine, and just keep a hold of it, only to he told now that I'd need to pay for the rental, I should just ignore it? Even whilst given the wrong info all the way through?
  • Your post is not very clear.
    Have Enterprise told you that you're ok to keep the (Credit) hire car or did they say you need to return it or did they say you can keep it but need to pay for it?
  • On Thursday and Friday, as asked the question whether the lease of the car could be extended. Each time I was told they will speak to their in house team and let me know. I called again Friday around 3.30pm asking what was going on, as I needed to know there and then what was going on.
    The persons response was "they will most likely process this on Monday, but leave it with me"
    I then asked " So I am ok to keep the car?"
    "yes, leave it with me"
    It's not that I have to return the car back, its having to pay the fees when I was told a load of different information entirely.
  • You need to ask Enterprise to confirm who is paying for the car at this time and make it clear you're not prepared to pay.
    Make a note of the person's name and the date/time of the call.
  • Enterprise are sticking to the guidelines of the GTA (General Terms of Agreement) that exist for credit hire operators who are signed up to the ABI terms.
    Sounds like you were told wrong by someone at Enterprise, who could see the bind you were going to be in and then someone has overruled that decision by sticking rigidly to the GTA, fearing they won't get any charges repaid after the 7th day.
    The way it should work is that you continue hiring until you are in funds (assuming you don't already have funds to purchase another vehicle/ have purchased another vehicle) and the other side pay the full amount and then seek a contribution from your own insurers agents for their delay in forwarding the total loss cheque to you. All of this is through no act or omission on your behalf.
    I would perhaps involve the complaints dept of your own insurers given that through the sale of an insurance policy, not to mention their commercial relationship with Enterprise and the company who are currently holding the game up, they stand to leave you stranded and their service provider is now threatening to bill you through no fault of your own.
    Are these issues covered under the Financial Ombudsman Service insurance guys?
  • I shall contact my own insurance company, Bell to put a complaint in. I was told the same information by someone at Enterprise AND IMS who were dealing with this for me, so I can't understand how it's all changed. I wasnt given the name of the other parties insurance, do you think it's a good idea to go through them as well as would they be the ones paying for the rental of the car?
  • So far, I've raised a complaint with my Car Insurers, who will liaise with IMS and Enterprise on this. I have also advised Enterprise that I will return the vehicle today, and advised that I will not be paying for the charges. Enterprise advised they will "Pass the details on to the manager"
    Any advice on what I could do next?
  • Sit and wait for the cheque.
    If you are involved in any telephone calls relating to this in the future either record the call (Your mobile will probably have an app on it to do this, it's best to advise the other person you will be recording the call) or make a note of the date/time the persons name and a summary of what was said in case you need to refer back to it at a future date.
    If they try and raise any charges, it's a case of making a complaint, if the propose any charges post back up and we can advise you
  • Did Enterprise take a deposit from your credit card?
  • Hi all - I've raised an official complaint to Enterprise, my Car Insurance Company, and IMS.
    I returned the car back yesterday and they advised they are prepared to give me 48 hours to attempt to sort this. I have logs of every single call made to Enterprise, and who I spoke to, and have been passed on. Hopefully I will get a response from there...
    And yes, deposit was taken from my card....
  • Sorry - Yes. They've still charged me for the additional days. Ј90. I've advised I'm not paying this.
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