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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am writing to you in the hope that you can advise me on the

Customer Question

I am writing to you in the hope that you can advise me on the following situation. On September 8th 2014 I rented a car from Europcar at Heathrow Airport. There was a mistake in the online booking and a manual was reserved instead of an automatic. I passed my driving test in a manual car, but had not driven one for several years. However, I was told that this automatic – a Vauxhall Insignia I believe - was all that was available in the size that was needed for the number of passengers and the amount of luggage I had. And in fact there were no automatics available at all.
I was having difficulty with the car and although I asked for assistance from nearby employees they offered no real help. I got as far as the exit gate, and while waiting in the line to exit the Europcar lot I smelled burning rubber. I promptly got out of the car and returned to the office and told them of the smell and that I could not continue with this car.
After a lot of back and forth with the people at the office I was told that the clutch had been burned out and that there was an immediate 1000 pound fee for damage. As I had taken the full insurance coverage I asked about that. But was told said that this does not cover this particular situation; driver misuse.
I have made enquiries about the cost to replace a clutch and have not found anything as high as their 1000 charge. In fact Vauxhall itself offers a replacement cluth and the associated labor for 599.
I was was fully insured, I did not leave te lot and I do only have their word for it that the car was in good working order prior to me getting in it.
I am lookimg to gte all, or at least some sort of reimbursement of te 1000 pounds from Europcar. Any suggestions.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know why you accepted the car and did not go to another rental car provider?

JACUSTOMER-2ajxvfby- :

I had just flown in from America, and primarily just wanted to get home.

Alex Watts :

So you did not ask?

Alex Watts :

Have you checked the insurance policy to see if a burnt out clutch is covered?

JACUSTOMER-2ajxvfby- :

No I guess not. The office was pretty packed and I figured it would be the same story everywhere - no cars available. I ended up taking a taxi fro the airport to home.

Alex Watts :

Ok, you didnt check with any other suppliers?

Alex Watts :

Did you tell them that you had not used a manual for many years?

JACUSTOMER-2ajxvfby- :

correct - I did n ot check with any other rental companies. I did tell them I had not drive a manual for years.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

JACUSTOMER-2ajxvfby- :

This all happened on September 8th - well over 14 days ago. How does this affect this?

Alex Watts :

You have 6 years to bring a claim

JACUSTOMER-2ajxvfby- :

so I send the letter outlining the expenses to their custiomer service people?

JACUSTOMER-2ajxvfby- :

should i be asking for a full refund?

JACUSTOMER-2ajxvfby- :

i am a uk citizen, but have been livng in the us. does thismake a difference?

Alex Watts :

Yes you can ask for a refund. The fact you are living in the USA makes no difference

JACUSTOMER-2ajxvfby- :

Thanks!

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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