What can I do?

[Glasgow_Saint]

Paid for the hire of a van recently (paid over the phone, no signature) and effectively acted as a 3rd party for a group of mates who had no credit card.

 

Friends then collected van (signed agreements ect) and took the van away. The hire company never took the main drivers card details and consequently kept mine on file.

 

Van is then in an accident and hire company have taken £1,000 from my account as this is the insurance excess!!

 

Can they do this without my authorisation? Surely the liability rests with the driver that signed the agreement? Where do I stand legally?

 

Hire company said they took payment from me as the main driver didn’t provide his bank details on collection of the van (There over sight!)

[Whitey Grandad]

It depends on the contract between you and the hire company. You did not sign the hire agreement, you could argue that you were only paying for the hire element and were not acting as guarantor for any other elements of the hire agreement. Contact the credit card company and explain that there has been an unauthorised charge to your card.

 

Don't do it again.

[Glasgow_Saint]

No agreement to be gurantor - simply a 3rd party that paid for the hire.

 

Contacted the credit card company and was told I need to dispute with the hire company and they can only investigate after 30 days.

 

The T&Cs on the hire website state:

It is normal procedure for the credit card holder, the person that used their card to pay for the reservation, to be present at the time of delivery / pick up.

 

If the person paying for the rental is not going to be available when the vehicle is collected or dropped off then a THIRD PARTY AUTHORISATION FORM has to be completed and should be made available to the representative at the start of the rental. Failure to do so may result in the rental not being honored.

This form will authorise us to charge the credit card given at the time of reservation for any additional charges, fines or penalties that may occur during the rental. By signing the form you acknowledge that although you are not the driver of the vehicle, you accept these terms and conditions.

 

I never saw nor signed any authorisation form....

[Saint Mikey]

Get your 'mates' to pay you back. They owe you right? I take it the accident isn't in dispute? If this is the case, either you or they owe the money. You won't get out of it on the back of this...

[Glasgow_Saint]

Get your 'mates' to pay you back. They owe you right? I take it the accident isn't in dispute? If this is the case, either you or they owe the money. You won't get out of it on the back of this...

 

The accident is in dispute, but £1,000 taken anyway (returned once/if resolved ect)

The driver is liable but has no money, so cant give them or me his details. I just want out of the dispute - the hire company should chase him for the money as he signed the agreement? No?

 

How are they able to hold me liable when I signed nowt and agreed to nothing (Simply paid for hire)

[toofarnorth]

By signing the form you acknowledge that although you are not the driver of the vehicle, you accept these terms and conditions.

 

That looks to me like you have not agreed to the terms and so could definitely dispute it. They may be able to get out of it by having written somewhere that by making a payment you have agreed to the terms or if the terms were read to you over the phone and you agreed to them verbally. Bit rubbish of your credit card company to say wait 30 days, as when asking for chargebacks my bank has always dealt with this promptly and puts the burden of proof onto the retailer or service provider.

[Glasgow_Saint]

That looks to me like you have not agreed to the terms and so could definitely dispute it. They may be able to get out of it by having written somewhere that by making a payment you have agreed to the terms or if the terms were read to you over the phone and you agreed to them verbally. Bit rubbish of your credit card company to say wait 30 days, as when asking for chargebacks my bank has always dealt with this promptly and puts the burden of proof onto the retailer or service provider.

 

Halifax BS!! Said 30 days is standard for disputes - doesnt seem right but.......

 

Never saw any agreement and when I rang and paid I was given no details or instruction. Simply gave them my card details as payment for hire.

I presummed that they would take the credit card or bank details from the driver(s) as they sign the rental agreement? They did admit that, that is normal policy!

[Dog]

Paid for the hire of a van recently (paid over the phone, no signature) and effectively acted as a 3rd party for a group of mates who had no credit card.

 

Friends then collected van (signed agreements ect) and took the van away. The hire company never took the main drivers card details and consequently kept mine on file.

 

Van is then in an accident and hire company have taken £1,000 from my account as this is the insurance excess!!

 

Can they do this without my authorisation? Surely the liability rests with the driver that signed the agreement? Where do I stand legally?

 

Hire company said they took payment from me as the main driver didn’t provide his bank details on collection of the van (There over sight!)