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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company recently hired a van day. which unfortunately

Resolved Question:

My company recently hired a van for the day. which unfortunately had a tyre blow out on the day. we had the van collected and the paperwork shows that both parties at the time agreed that there was no damage. However there seems to be a subsequent handover from the collector and their offices where they seem to have identified some damage to the vehicle
They are now claiming that we did all the damage and have charged our credit card used for booking.
However the final paperwork they are using to state the damage has not been seen prior to them accusing us and it does not have our signatures on, we do have a form signed by us and their collector that does state no damage
I am now accepting liability for the burst tyre as i do not see i have any choice as per their terms and conditions, however i am refuting the other two issues namely a scratch and broken/missing light diffuser
where do i stand on this.
I can send paperwork in email that i have structured to go back to them
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear the handover back, apart from the tyre was any other damage noted?
Customer: replied 1 year ago.
please find email sent and attachmentsDear *****,Having now managed to get back to my office and investigate in some depth, our position is as follows.
1. When we received the van we were happy after the inspection that there was no material damage to the van and signed the acceptance sheet accordingly. This was signed by the driver Luke Slough as attached as Exhibit 1 where you can clearly see his signature on page 8 and 9 of Exhibit 1, This also matches the signature on his driving license Exhibit 3
2. During our rental we experienced a blow out on the A30 ( as per page 7 in Exhibit 1). Our trip was purely from Perranporth to A30 to M5 to the destination. The blow out happened on the A30 just before the M5. Whilst I have to concede responsibility for the tyres as per your Terms and conditions, I wish to make the point that a new van on a road such as the A30 should not have blow outs, so I can only surmise that the tyres were damaged already ( I concede that it is feasible that it could have been damaged by our driver, even though we believe it was not) as such we have no argument (just frustration) regarding the blown tyre.
3. The van was collected by your divers and they inspected the van as per separate attachment that you sent page 10 of Exhibit 1, interestingly this was not a copy that we had been given see exhibit 4 which is clearly the customer copy signed by our Director ***** ***** and your representative Mr Williams at 15.40. I also attach ***** *****’s passport to verify his signature as Exhibit 5.
4. The only other employee in the business who is ever at site is myself, which I was not that day, and from seeing Exhibit 6, my signature was also not present on
5. Therefor to summarise our position. Mr Lee and your Mr Williams checked out the van at 3.40 stating no damage and full fuel tank, both signed exhibit 4. It would appear however that there is another signing in process back at your offices see exhibit 7 which does state that there is damage which is not been signed by any representative of Suresense, nor would it appear Mr Williams.• Therefore we absolutely refute the allegations that we damaged the van outside of the blown tyre, and you simply have no written evidence of us agreeing to the damage, therefore you are in breach of your own Terms and processes
o We have already asked you for a breakdown of costs, so we can see the cost of replacing the tyre, we would estimate this being no more than £100 but look forward to seeing the copy invoice to you, plus of course there is your administration charge
o We expect our credit card to be credited with 5 working days the balance between the costs of tyre and administration and the amount you have already deducted.
• Failure to do so will us seek redress through legal measures plus costs including my time, which I have spent an inordinate amount of investigating this so far. This may also include the fraudulent signing of the document of the hand over document.I look forward to your earliest responseKind RegardsIan Hambly
Director
Suresense Technologies Ltd
Customer: replied 1 year ago.
Thank you Alex
hopefully the notes and how i have structured it with the attachments will help you see the situation clearly and quickly
Customer: replied 1 year ago.
PS. I have only drafted the letter i have sent you not sent it the hire company yet
Expert:  Ash replied 1 year ago.
Then you are only liable for the blow out. if they inspected the vehicle and it was signed back that is where your liability ends. What is to say it wasnt damaged AFTER you handed it back? Therefore anything that was noted AFTER it was signed back is NOT your responsibility.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
that is exactly my point Alex
one technicality however their terms and conditions state that the driver must be present at the handover before and after, in this case it was not.....however their representative never asked for this either
second question, am i right in thinking that the signature on the paperwork under customer should have been us and therefore the fact that someone has signed it outside of our small organisation that could be considered fraudulent?
Expert:  Ash replied 1 year ago.
Yes I would agree.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you Alex, all good for me, just wanted to ensure i was on the right line
did you review the paperwork i sent you? i sthere any final tips you can suggest that i should add to letter before sending
Expert:  Ash replied 1 year ago.
I did review it yes. I would stick to the point that they can't claim for damage afterwards.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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