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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I hired a car when I went on holiday from the airline. I

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I hired a car when I went on holiday from the airline. I booked my flights and later was sent an email from the airline telling me that car hire from them will not be cheaper. So I clicked a link that they sent me. I looked for a car and paid for the car. Later I was given another email strongly advising that I take out damage insurance so I did on there advice.
We flew out and when we landed went to the car hire desk to pick the car up. When he checked our papers he found that we should of picked the car up the day before and now that car has been cancelled as it is over 24 hours. The only way that we could get another car was to pay again this we had no choice. Standing at the airport with 2 teenage boys very tied as we had got up early that day. So we purchased the car and went on our way. When I got to the villa I called the airline company and made a complaint of which was quite stressful getting through to them what had happened. In the end the complaint was logged and they started there investigation. About 4 weeks later I received an email saying. These are the exact words.
Thank you very much for your correspondence in relation to the experience you had when renting a car with Drive Cyprus through Ryanair Car Hire.
Drive Cyprus advised that your rental voucher was applied at the rental desk on the day you arrived 24th August 2017. We have processed a refund of one days rental 16.10 GBP for the inconvenience caused to you.
I hope this has helped to resolve the matter to your satisfaction.
Of coarse it wasn't to my satisfaction because the whole point was when I booked the car it was from a link from them of which had my flight dates and times already filled in. I have a screen shot of this. So some how from there site to the car hire the times where correct but the dates were a day early landing and going back home. So the point of my complaint was I had paid car hire twice and was looking for a refund of the first car hire costs £260.00 not the £16.10 of which was calculated from the hire charge of the new hired car.
So I sent an email back saying that I was not happy I got no response so I called and spoke to someone who said they will get him to call me in the morning this did not happen. So I had to call again spoke to someone who said I do not have a case handler we ended up with me getting very annoyed with there lack of Knowledge of the company and I put the phone down. When I was calm I rang again spoke to someone else who said I need to make another complaint saying that I was not happy as the case is now closed.
Again I was getting angry at the way I was being treated but said can you set that up I was given an email with the link for the complaint but when I went on there it would not work. So I had to ring again spoke to someone who asked me to go on the site and to tell him what is on the screen so I did. He could not explain why it was not working but said is my original complaint there if so just put a comment on that as they will read it so I did.
Well I got no where no calls no emails. So I decided to take them to a small claims court as I felt I had done all I could. So I have. They have got a Solicitor involved because they have the money. In the letter from the solicitor it says that this has come to court by me unreasonably and that there client has incurred £350 costs. It also states that they will be contesting the whole claim.
It is based on there small print contract of which sates any mistakes by a 3rd party site is not there responsibility. If that is the case why did they not say that right at the beginning why did they agree to pay me a refund albeit not the correct amount but a refund and letter saying sorry for the inconvenience.
I have had the papers back from the courts with forms for the trial and forms for mediation service I was quite happy with this and have agreed to this. My costs so far are £265 car hire of which is my claim then a day for trial I am self employed so will loose a days pay this I am not claiming. Also by the sounds of it they are looking for £350 from me for taken to court but I feel I did not have any choice as they did not respond to emails and phone calls what was I supposed to do walk away let some big corporate company bully me and now they are by saying our clients cost so far.
Not sure what advise I am after really perhaps am I silly to of taken to court or should I have just walked away.
Regards Mark
Submitted: 22 days ago.
Category: Law
Expert:  Jamie-Law replied 22 days ago.

Hello Mark my name is ***** ***** I will help you.

What is it you want to ask me about this today please?

Customer: replied 22 days ago.
I hired a car when I went on holiday from the airline. I booked my flights and later was sent an email from the airline telling me that car hire from them will not be cheaper. So I clicked a link that they sent me. I looked for a car and paid for the car. Later I was given another email stronglyadvising that I take out damage insurance so I did on there advice.
We flew out and when we landed went to the car hire desk to pick the car up. When he checked our papers he found that we should of picked the car up the day before and now that car has been cancelled as it is over 24 hours. The only way that we could get another car was to pay again this we had no choice. Standing at the airport with 2 teenage boys very tied as we had got up early that day. So we purchased the car and went on our way. When I got to the villa I called the airline company and made a complaint of which was quite stressful getting through to them what had happened. In the end the complaint was logged and they started there investigation. About 4 weeks later I received an email saying. These are the exact words.
Thank you very much for your correspondence in relation to the experience you had when renting a car with Drive Cyprus through Ryanair Car Hire.
Drive Cyprus advised that your rental voucher was applied at the rental desk on the day you arrived 24th August 2017. We have processed a refund of one days rental 16.10 GBP for the inconvenience caused to you.
I hope this has helped to resolve the matter to your satisfaction.
Of coarse it wasn't to my satisfaction because the whole point was when I booked the car it was from a link from them of which had my flight dates and times already filled in. I have a screen shot of this. So some how from there site to the car hire the times where correct but the dates were a day early landing and going back home. So the point of my complaint was I had paid car hire twice and was looking for a refund of the first car hire costs £260.00 not the £16.10 of which was calculated from the hire charge of the new hired car.
So I sent an email back saying that I was not happy I got no response so I called and spoke to someone who said they will get him to call me in the morning this did not happen. So I had to call again spoke to someone who said I do not have a case handler we ended up with me getting very annoyed with there lack of Knowledge of the company and I put the phone down. When I was calm I rang again spoke to someone else who said I need to make another complaint saying that I was not happy as the case is now closed.
Again I was getting angry at the way I was being treated but said can you set that up I was given an email with the link for the complaint but when I went on there it would not work. So I had to ring again spoke to someone who asked me to go on the site and to tell him what is on the screen so I did. He could not explain why it was not working but said is my original complaint there if so just put a comment on that as they will read it so I did.
Well I got no where no calls no emails. So I decided to take them to a small claims court as I felt I had done all I could. So I have. They have got a Solicitor involved because they have the money. In the letter from the solicitor it says that this has come to court by me unreasonably and that there client has incurred £350 costs. It also states that they will be contesting the whole claim.
It is based on there small print contract of which sates any mistakes by a 3rd party site is not there responsibility. If that is the case why did they not say that right at the beginning why did they agree to pay me a refund albeit not the correct amount but a refund and letter saying sorry for the inconvenience.
I have had the papers back from the courts with forms for the trial and forms for mediation service I was quite happy with this and have agreed to this. My costs so far are £265 car hire of which is my claim then a day for trial I am self employed so will loose a days pay this I am not claiming. Also by the sounds of it they are looking for £350 from me for taken to court but I feel I did not have any choice as they did not respond to emails and phone calls what was I supposed to do walk away let some big corporate company bully me and now they are by saying our clients cost so far.
Not sure what advise I am after really perhaps am I silly to of taken to court or should I have just walked away.
Regards Mark
Expert:  Jamie-Law replied 22 days ago.

Yes, you have repeated the background. But you haven’t asked me a question or said what you want to achieve?

Customer: replied 22 days ago.
1 have I been unreasonable bringing to court
2 have I got a good case
3 There £350 cost I thought legal costs were not recoverable in a small claims court.
4 As they approached me for car hire with the link and the dates on there site does this make this there fault.
5 How can they pay money then after use the contract paperwork should they not of used that in the begining
Expert:  Jamie-Law replied 22 days ago.

Just to be clear, it’s now been listed for trial?

What did you pay the £350 for?

Customer: replied 22 days ago.
it is now going to trial and the £350 is what Ryanair solicitor is saying there client has had to pay out. So I am guessing either they are trying to scare me with saying you say we owe you £265 but you owe us £350 so they want me to walk away. Like I said bullying me. In court there client will be paying far more out than what I am claiming for. So may be they do not want me to go to court. I said I would agree to mediation they have said they do not
Expert:  Jamie-Law replied 22 days ago.

They can’t claim legal fees, even if you lose. That’s the whole point of a small claim.

But no, you have not been unreasonable bringing the claim. I think you have a good, arguable case.

They provided you the link for car hire, they would have had a commission for it.

Can I clairfy anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 22 days ago.
Thank you that has made me feel much better. Sorry I do not understand your question.