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Foreign Rental Car Company & Damage Dispute

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  • 26-04-2014 8:38pm
    #1
    gerryg80
    Registered Users Posts: 98 ✭✭


    Hi,

    So as the title says I rented a car in Geneva and during which time the rental car company deemed i damaged the car. When I returned the car there was an inspection but no documentation was exchanged. I got a letter detailing that i had damaged the car 2 months ago, and a bill then arrived about 1 month ago. I have entered into their disputes process, but I don't think i can win etc due to their T&C's which i signed etc.

    Anyway i canceled my CC in preparation of them charging my account without my consent etc. Im just wondering as to whether or not they will be able to elicit proceedings against me within the Irish courts to get payment ?

    Any advise appreciated.


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    #2
    discus
    Closed Accounts Posts: 3,049 ✭✭✭discus


    I imagine if they cannot charge your card (since you have cancelled it) they will sell the debt to a collector who will then pursue you with letters, but nothing more.


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    #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    discus wrote: »
    I imagine if they cannot charge your card (since you have cancelled it) they will sell the debt to a collector who will then pursue you with letters, but nothing more.
    No, there was a thread before about this. They'll charge your old card and then the credit card company will come after you for the money.


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    #4
    gerryg80
    Registered Users Posts: 98 ✭✭gerryg80


    ken wrote: »
    No, there was a thread before about this. They'll charge your old card and then the credit card company will come after you for the money.

    Is that possible, even if the old card has been reported lost/stolen.


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    #5
    discus
    Closed Accounts Posts: 3,049 ✭✭✭discus


    ken wrote: »
    No, there was a thread before about this. They'll charge your old card and then the credit card company will come after you for the money.

    Crazy. I had a debt collection company come after me from an italian company years ago over a traffic fine, I wasn't charged via my card, and it was still active! I got tons of letters.


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    #6
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    gerryg80 wrote: »
    Is that possible, even if the old card has been reported lost/stolen.
    I'm not sure of the ins/outs of it but it would show on the CC companies system you authorized the car hire company to take money before the card went missing. I'm trying to find that other thread but can't remember was it here,banking or motors.


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    #7
    gerryg80
    Registered Users Posts: 98 ✭✭gerryg80


    So I got first debt collectors letter through the door there today. Anyone know what powers non-Irish debit collectors have in Ireland. i.e. could they get a ruling against me.


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    #8
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    The rental company is based in Switzerland which isn't part of the EU or EEA. They can get a judgement against you in a Swiss court, but the ruling has no jurisdiction here and can't be enforced.


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    #9
    homewardbound11
    Registered Users Posts: 894 ✭✭✭homewardbound11


    Had an experience to yours. See related posts. It is unclear withir you accepted on return of the vehicle that there was damage. From what you say the car was returned but was there anybody to accept your rental return. If this is the case then I can't see where they see you are at fault . If the car was accepted without any damage then how can they prove the damage didn't occur after you returned it.
    My situation occurred when I returned the car and there was nobody there to accept it. I rdcieved a bill for 800 euro for damage. To this day I do not accept. They sent a letter to me asking me to sign their form for acceptance of the damage and if I did they would reduce the bill. Unbelievable but true. I hadn't a leg to stand on as I could not prove that I didn't do the damage. When they sent me the the photos of the damage it was a scuff mark he size of my little finger and the rear bottom of a bumper. I showed it yo friends working with rental returns in Dublin airport and they said they couldn't believe that I was bring billed for something that could be buffed out. I am saying no paint damage on a plastic bumper . But in the end I had to fork out 250 euro. I still didn't sign their form. The airport was Copenhagen and the rental company was a renowned world wise company. Disgracefull.


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    #10
    homewardbound11
    Registered Users Posts: 894 ✭✭✭homewardbound11


    Had an experience to yours. See related posts. It is unclear withir you accepted on return of the vehicle that there was damage. From what you say the car was returned but was there anybody to accept your rental return. If this is the case then I can't see where they see you are at fault . If the car was accepted without any damage then how can they prove the damage didn't occur after you returned it.
    My situation occurred when I returned the car and there was nobody there to accept it. I rdcieved a bill for 800 euro for damage. To this day I do not accept. They ant a letter to me to sign there form for acceptance of the damage and if I did they would reduce the bill. Unbelievable but true. I hadn't a leg to stand on as I could not prove that I did the damage. When they sent. Do the photos of the damage it was a scuff mark he size of my little finger and the rear bottom of a bumper. I showed it yo friends working with rental returns in Dublin airport and they said they couldn't believe that I was bring billed for something that could be buffed out. But in the end I had to fork out 250 euro.


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    #11
    234
    Registered Users Posts: 1,529 ✭✭✭234


    seamus wrote: »
    The rental company is based in Switzerland which isn't part of the EU or EEA. They can get a judgement against you in a Swiss court, but the ruling has no jurisdiction here and can't be enforced.

    Eh... http://curia.europa.eu/common/recdoc/convention/en/c-textes/lug-idx.htm


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    #12
    whiteshorts
    Site Banned Posts: 880 ✭✭✭whiteshorts


    Whenever I rent a car overseas, I walk around the car and video and take photos of it with the person from the car rental watching, when I return it back to them.
    I've never had a problem!


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    #13
    unattendedbag
    Registered Users Posts: 456 ✭✭unattendedbag


    I drove into a carpark barrier in Bulgaria in a rented car, nasty long scratch up the bonnet, windscreen and roof. I owned up and put the little x's on the diagram when returning the car and after several nervous week's I was billed €22. Lucky escape.

    To the op, you are well within your rights to dispute a charge if you believe you are in the right but certainly don't ignore this. Run it past a solicitor and get their expert opinion. Although the debt collectors won't be kicking down your door anytime soon it could destroy your credit rating if you don't engage with them and have long lasting consequences.


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    #14
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    234 wrote: »
    Eh... http://curia.europa.eu/common/recdoc/convention/en/c-textes/lug-idx.htm
    I stand corrected. I actually looked but couldn't find anything on it as I had originally assumed that Swiss judgements could apply in the EU.


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    #15
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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