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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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Hello, I hired 2 cars at car hire company where I have paid

Resolved Question:

Hello, I hired 2 cars at car hire company where I have paid deposit £200/car = £400. I have returned car 31.12.2013 ,any damages were not found at the car. After one month I have asked about deposit. Boss of company showed me photo/was done- 5.1.2014/ that car has mechanical damage on body. He refused to pay back deposit. What can I do ,thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why has he refused the deposit?
Customer: replied 3 years ago.

he said that car was damaged by me, but I gave back car without some damages.

Expert:  Jo C. replied 3 years ago.
What type of damage is he alleging?
Customer: replied 3 years ago.

The engine bonnet is bended , size about 20 cm, in front of the car, next Peugeot mark sign. When everybody is looking on car, they have to see this damage first. This have to be done by second car in period since 31.12.2013 till 5.1.2014. I rented from them 2 cars every second week since October 2013 untill 31.12.2013. When I returned car never gave me some paper like is doing serious company Europcar or Enterprise. I choose this bangladesh company because they do not have problem with age of drivers, my sons were under 25 years old. When I take car they took photos before rent and when is something damaged after. Sorry my English, I am Slovakian.Thank you

Expert:  Jo C. replied 3 years ago.
If they are withholding your deposit and did not bring this to your attention when you took the car back, they have no proof that this was not done after the car was returned.

In cases like this, if it went to court, the judge decides on the balance of probabilities which means that if he believes your version of events more than the other side then you will win.

I think it unlikely that he would believe that the hire company would not inspect the car when it went back and therefore I believe that you would win if it went to court

You need to do something in writing initially and that is to write to them telling them that unless you get your deposit back within the next 14 days, you will issue Small Claims Court proceedings without further notice. There is no point in sending more than one letter..

If they do not let you have your deposit back in the next 14 days, you can issue Small Claims Court proceedings cheaply and easily by following this link and have the judge will rule on the matter up for you.

www.moneyclaim.gov.uk

The proceedings will be issued by the court service directly and then all you need to do is follow the process and the paperwork as it comes through the post.

There will eventually be a court hearing in front of a judge who will decide the matter up for you and if he feels that you are correct, he will order them to pay you.

Can I clarify anything for you?

Jo
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