irvined
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| posted on 3/4/07 at 04:23 PM |
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Capital Van hire screwed me over
Gents,
I need some advice, i'm feeling particularly screwed over this week.
Last weekend i took my very sorry looking seven down to MNR to get patched up ready for SVA, it was supposed to be so simple, hire van, put car in
van, deliver to mnr, and be back in time for a mid afternoon pint.
Begin tale of woe.
Having collected the van, put my car in the back of it, i set off very steadily, and very carefully down the A68 to newcastle, got about 50 miles and
the van just stopped dead.
Tried to start it, but no joy, so phoned up RAC, they said they would send somebody out, but it would take a couple of hours. About 10 minutes later,
my impatiance got the better of me and i tried again, and of course it burst into life. Thanking the gods of dodgy wiring and cheap ford ECU's
off I went again, for about 30 meters before it did the same thing again.
RAC sent out a contractor (S Johnsons of Morpeth) who had a look, narrowed it down to a lack of fuel, probably down to the fuel shut off valve or a
serious blockage somewhere. I checked i had indeed put diesel in for about the 5th time.
Now, this should be simple you would think, you hire a van, it breaks down, rescue company take you and van to destination(s) then you go home.
Apparently not so.
Capital had a contract with the RAC, but that only allows them to go back to the van hire companies office, not much good for me, as the van is full
of car, and the car is never going to go back up the hill it came down without its engine in (Which is the main reason its going to MNR in the first
place.)
Anyway, capital tried to arrange a new van, and to be fair i believe they did try their best, but they failed to come up with a new van for me. I
broke down at 11am, and after the rescue company had to remove the prop from the van, then tow it to Morpeth to decide what to do, it was now 6pm.
Not only had i messed around just about everybody who was waiting on me, but completely missed a meal with family etc, not the end of the world but
very frustrating, meanwhile I was being very polite and calm, because S Johnsons where being as helpeful as they could.
In the end the hire company just went home and stopped trying to do anything and left me to sort things out. In the end I had to pay 300+ Pounds to
get my seven towed home, and then get a train ticket back to edinburgh.
On sunday i went in expecting them to be offering me the world on a plate, only to be told they couldnt do anything until the van was back here.
I managed to remain calm, remembering that the reason i came back to the uk was to get my car to MNR, which it now was, therefor i had no reason to
stress any more, and by counting to 10 many times.
In the end they promised to try and refund as much as possible once they had checked the van out, and would call me on Monday once they had spoken to
the recovery company, and the RAC and reviewed what had happened.
Its now tuesday night, no email, no phone call. I'm getting the impression, that i wont be seeing any refund other than the deposit on the van,
not the fuel (It still had a full tank which is 65Pounds), the train ticket, the costs for the recovery, my time, or the inconvenience caused to me,
and worse the people who i'd booked appointments with.
My question (There was a reason for this post) assuming they don't come up with anything, is what are my options for getting back my costs
through other means?
Mafia, courts, angry letters, etc etc? And of course anybody who wants to have a laugh at my tale of woe, please feel free - i need a good laugh,
else i may cry.
Cheers
David
http://irvined.blogspot.com
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irvined
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| posted on 3/4/07 at 04:43 PM |
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Thats the phrase i was looking for, not fit for purpose, if somebody sells something that isnt fit for purpose, where does the liability end?
Its not like somebody died, but my view is that i hired a van specifically to save me the 400 it would have cost to get a company to take everything
down for me from my house, my view is that they should either return all my expenses, or at the very least, keep the money for the van hire, and
return the money for the train ticket and recovery.
Does that sound reasonable?
http://irvined.blogspot.com
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Catpuss
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| posted on 3/4/07 at 04:57 PM |
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Check the contract. "Not fit for purpose" may not be applicable as its a service not a product. Check the contract paper work to see if
they have a disclaimer against incurred expenses in the event of a break down or if there are any clauses about what they do in the event of a
breakdown.
Possibility is a breach of contract in that you signed a contract for them to provide a service "van hire" for a period and they failed to
provide that service and failed to a) compensate you for incurred losses and b) failed to provide the said service to a adequate standard.
Don't be shirty with them at first, they may just pay you expenses, maybe even give you discount on another hire if you give them a suitable sob
story about how you suffered.
Then if you don't get a response tell them that you will consult a solicitor, many have 1/2 hr free sessions.
I'm not a lawyer so this advice may well be nutsack but personally I think if it was Joe Bloggs hire company and someone threatened to let
loose a no win no fee on me I'd be bricking it.
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DIY Si
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| posted on 3/4/07 at 05:01 PM |
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A full refund for the van hire and any and all ensuing costs are fair game. So, the van and the fuel, the towing of the 7, the train, anything else
you had to spend any money at all on, and some extra for your wasted time sorting things out, say £20 an hour? That last may not work, but worth a go,
as it gives them something to win back and feel good about.
“Let your plans be dark and as impenetratable as night, and when you move, fall like a thunderbolt.”
Sun Tzu, The Art of War
My new blog: http://spritecave.blogspot.co.uk/
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irvined
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| posted on 3/4/07 at 05:52 PM |
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I'm going to give them another two days to make contact, the guy has all my details and assured me he would contact me, so im going to give him
the benefit of the doubt.
He knows that I'm expecting a full refund of all the expenses incurred, i think that is pretty reasonable, i have no objection to paying the
price it should have cost me to do the job as intended originally, although obviously, if the situation was reversed and it was one of my customers
who was going through something similar, then i'd be bending over backwards to make them happy.
Thanks for the advice so far, reading through the contract i signed for the van, doesnt mention anything other than my liabilities if i crash the van,
get nicked speeding, or mow down an old lady or something.
Its quite a small company, but they are part of a larger organisation who i've had good experiences with in the past, I shall be giving the
organisation a ring to ask them what they would suggest later this week and will keep you all posted.
The sad thing is, i'm sure if it had been any other van, or any other day, then my experience would have been great and i'd have
recommended this lot, it just goes to show how a little problem can turn into a complete farse.
Cheers
David
http://irvined.blogspot.com
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Catpuss
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| posted on 3/4/07 at 06:01 PM |
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quote:
Originally posted by irvined
I'm going to give them another two days to make contact, the guy has all my details and assured me he would contact me, so im going to give him
the benefit of the doubt.
He knows that I'm expecting a full refund of all the expenses incurred, i think that is pretty reasonable, i have no objection to paying the
price it should have cost me to do the job as intended originally, although obviously, if the situation was reversed and it was one of my customers
who was going through something similar, then i'd be bending over backwards to make them happy.
Thanks for the advice so far, reading through the contract i signed for the van, doesnt mention anything other than my liabilities if i crash the van,
get nicked speeding, or mow down an old lady or something.
On the plus side, it doesn't contain anything waivering your rights to compensation of incrurred losses due to their error or break down in
vehicle.
If you didn't get to read and sign any paper work about exclusions I would suspect you have them over a barrel with a buttered marrow.
quote:
Its quite a small company, but they are part of a larger organisation who i've had good experiences with in the past, I shall be giving the
organisation a ring to ask them what they would suggest later this week and will keep you all posted.
The sad thing is, i'm sure if it had been any other van, or any other day, then my experience would have been great and i'd have
recommended this lot, it just goes to show how a little problem can turn into a complete farse.
Aye and this is where the company has the oportunity to shine. Its how they handle rare problems that makes them a company worth going back to.
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MikeR
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| posted on 3/4/07 at 07:44 PM |
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When you contact them also explain the time frame they have to respond and make it reasonable.
Basic ITIL procedure which works through all walks of complaining. I was using the principles in Geneva airport when my EU rights where being abused a
couple of weeks ago - ended up with the head of passenger handling coming to meet me at the departure gate. Shame he didn't do what i wanted,
still need to write the letter of complaint to the head of the airport!
Also make sure you send them photocopies of all your reciepts - to prove you're not making the costs up.
p.s. Edinburgh, was that flights or did you see Yoli (if so how is she?)
[Edited on 3/4/07 by MikeR]
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Confused but excited.
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| posted on 3/4/07 at 09:16 PM |
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Worth considering for the future. had you been a member of the RAC (as opposed to the hire company), they would have towed you and the van to your
destination, or back home. The choice being yours.
as for compo, Trading Standards and Citizens Advice always worth a call, as their charges are very reasonable. NIL.
Tell them about the bent treacle edges!
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