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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11862
Experience:  Dual qualified Solicitor and Attorney
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A car has been leased in my name (with all my passport &

Customer Question

Hello, a car has been leased in my name (with all my passport & Driving License details Etc) to another person by Sixt the person was able to get the car in Italy and drive for 3 days from Catania to Rome not only have o been charged for this on my credit card, I have also been informed that there was damages to the vehicle to be clear, this is not a case of identity theft Etc. But rather a manual human error (presumably) I did also hire a vehicle that day. I hope this makes sense.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No, it was just a query I live in the UK and the rental was in Italy
JA: What steps have you taken so far?
Customer: none.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so no
Submitted: 15 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 15 days ago.

Have Sixt admitted the error?

Customer: replied 15 days ago.
far not yet, but I basically have to wait until Monday
Customer: replied 15 days ago.
However it is cut and dry.
Customer: replied 15 days ago.
They have also confirmed a cyber attack in May. Which means some additional manually services.
Expert:  Jeremy Aldermartin replied 15 days ago.

Yes ok, I mean in essence they should give you a full refund of any credit card charges. If they fail to do so then you can bring legal action. You would need to ask them for a full refund within 14 days or face legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I trust this assists
Customer: replied 15 days ago.
I feel the refund is not issue. I was enquiring more about the data issue of using my details to rent out a vehicle.
Customer: replied 15 days ago.
This feels like a pretty serious breach of data protection, to have someone potentially breaking the law in my name.
Expert:  Jeremy Aldermartin replied 15 days ago.

It is a breach of data protection you can report them to the ICO: https://ico.org.uk/

That said, the issue is if the subsidiary in Italy is the one who gave the data away they are not subject to the ICO jurisdiction. I trust this assists