Damages Deposit

[MonsterChopz]

Hi All

I'm looking for some advice.

We have recently hired a motorhome for a holiday. The security deposit was £950. I paid this deposit and was told no money was taken as only a hold on money. They also told me the were processing the payment whilst I was on the phone as they don't keep card details for customers.

When the motorhome was handed back we did a walk round was completed and our deposit appeared back in our bank account. Although we didn't know the deposit had been returned at this point as we expected it would take a few days to appear in the account.

Some hours later the company emailed to say that there was damage to part of it and replacement required as spare parts difficult to come by. We dispute damage as not evidenced when hand back done but I guess that's another story.

Anyway, I have now checked my bank account and they have processed a card payment for over £500, almost a week after my deposit was returned.

My question is, where do I stand - it feels wrong that they were able to process the payment.

This was a bit of an essay so main points:

28th July deposit paid over phone via debit card. Advised hold on money and card details not kept

6th August AM motorhome returned, walk round completed and deposit returned

6th August PM emailed to say damage and this would be deducted from deposit. (at this point we didn't know deposit was already returned)

11th August payment for over £500 was processed as a debit card payment.

Are they allowed to process this payment as a debit card payment when I did not agree? I agreed to pay a £950 deposit via debt card, which I did. At no point did I agree to a card payment of £500.

Thanks

Doesn't sound right to me but may depend on what you signed re the agreement. Call your credit card company ASAP they'll advise and act accordingly

Thank you. I'll call the bank this morning.

The agreement was that any damages would be deducted from the deposit. This was also advised in the email received when they notified of the damage they'd "found".

The validity of the damage is another matter entirely but for just now my concern was that is seems they have actually stored my bank details and then used them to process this additional payment.

As far as I'm concerned their process was to hold a deposit and refund when they were satisfied with vehicle return. From my point of view the fact thaty deposit was returned would suggest that they were satisfied.

Any further debit card payment should have been part of a separate transaction agreed between the two parties. I don't think a card payment, whether the damages were due or not, should have been taken without my authorisation.

It's very frustrating.

It is possible that the damage wasn’t obvious on the walk around, possibly they have done a full check now or it’s gone to the next hire and they have complained that something is broken/doesn’t work.
First they should tell you what it is that is damaged or broken. Depending on what it is - it may mean that the vehicle can’t be hired out again until it’s fixed, also parts may be expensive and motor home repairers can charge £50 to £100 an hour.
Perhaps they shouldn’t have refunded you so quickly.

Was it something internal like a water pump that had broken and were you aware of the issue, you've mentioned a lack of evidence but not that you didn't know there was a problem? They did notify you on the day that you returned it that there was an issue, so unless you are disputing the broken item I wouldn't take it any further personally. If they hadn't refunded the deposit so quickly they wouldn't have made the charge later.

I'm actually not pissed off that they are saying there is damage, although I appreciate it mean seem like I am.

What has pissed me off is that they have obviously stored my card details despite saying they don't store card details and have processed a debt card payment in my absence when they previously told me that they only took payment over the phone from the customer.

These things then make me question the trustworthiness of them altogether.

It was a dent on the bike rack so something visible on the walk around. And a bit of a kick in the teeth that the bike rack was not in a great condition in the first place.

I guess I'll leave it, I think it's just shocked me that companies can hold your details and process payments without notification, despite telling you they don't store card details. Their process is to hold the deposit until checks are made and then refund it.

In my mind I just assumed that once it was returned then they were basically saying everything was okay, especially when we did the handover in person.
I'll need to better edu educate myself

I should say above that I do dispute it but have to accept it as I have no proof I didn't do it. I've learned my lesson and will take photos before and after the hire detail any/all damages

Did the deposit ever actually leave your account? The first part says they told you it was just a "hold" and then you say later the money "appeared" in your bank account.

Often with a hold the money stays in your account but isn't available to spend, then the company has the option to deduct a partial payment, so they may not have lied about not holding your card details.

If you dispute the damage then dispute it. Really the burden of proof is on them to provide before and after timestamped photos, otherwise they can just keep billing every new guest for old damage.

Thanks for the replies.

The money showed as leaving my account when I paid the deposit, wasn't there for the week we had the van and then appeared back in my account.

Similar to what happens when I pay for my subscription car, the pre auth is done 7 days prior to my renewal date, the funds disappear from my available balance but then come back just before the actual payment is taken.

The reason I think they have given misinformation about not holding card details is because the £500 payment that was taken on 11th August was processed as a new debit card transaction.

As they are claiming there is visible damage I would dispute it as they didn't point it out on the walk around. Onus is surely on them to prove the damage was done whilst in your possession and not after you dropped it off?

This. I would contact card company and dispute this

I wouldn’t accept this.

For something like a dent in a bike rack which is in plain sight this should have been noticed in the walk around. Also does a dent really require fixing and a replacement part? Sounds fishy to me.

The damage could be made up or done by someone else.

I would dispute the debit card payment with your bank asap and ask them to explain whether there have been two transactions etc so you can at least understand that aspect.

The bank have confirmed that the payment for c. £500 was made via debit card on 11th August, so 5 days after vehicle returned and deposit returned. It was a completely separate transaction to the deposit payment I made over the phone.

The dent is only about 2cm in size and not on one of the parts that supports the bike. We def didn't hit anything when we had it and I can't see how anything could have bumped us and caused the damage due to the position of the damage.

So they took it via debit card so you can't dispute like you could a credit card?

I was them to prove it wasn't ready then when you collected it AND it was there when you handed over the keys.

Contact the bank and ask them to claim the payment back as fraud.

email company to say all the facts eg I was told this - deposit fully return - bike rack visible on walk around not great condition - no dent and money (deposit returned) as no damage when returned.

that then they have stored your bank details which they said they would not do and have charged £500 for a dent. This is in violation of your agreement you didn’t do damage. They then deducted this with no warning so it’s fraud and theft. That you have informed police and bank and will
action accordingly

Yes it was taken via debit card, which I was happy with for payment of the deposit. The part I am really not happy with is them processing a debit card payment for £500 that I didn't agree to. I did agree to the deposit and that they could deduct from deposit in case of damage.

I did not agree for the deposit to be returned and then they subsequently process a debit card payment for a replacement and fitting of a bike rack that I didn't damage.

It's annoying me. I'll email them this afternoon and detail as PP suggests. It's not even the damage claim that bothers me the most it's that they used my card details when they expressly said they don't store them.

I would be asking for the damaged bike rack.

I suspect they haven't replaced it at all.

I'm with you on this, I don't think they have/will replace it but apparently they don't have to, they can still charge you what it would cost.

I am still going to ask to see the quote though, for my own peace of mind to check it's a reasonable quote.

I can feel an accurate review of the business coming on!

They probably charge everyone who hires that one for a new bike rack. That would be rather lucrative.

The gap between the return and them charging could well mean that one if their own staff accidentally damaged it.

Walk round completed and deposit refunded

all transactions complete and your hire agreement ended

they have used your card without permission

Forgot to add on debit cards you can contact bank and dispute transaction and they can claim it back under charge back