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Credit hire nightmare

82 replies

Worriedwendywon · 22/06/2023 16:43

So I just added this for advice on another post but I'm super panicked about it so thought I'd start my own thread in the hope of advice.

We had someone reverse into my car, while it was parked on my driveway. A neighbour was having work done and one of their builders witnessed it. I called my insurance company (or maybe I didn't?) And they either put my in touch with the claim management or there was another number on Google that came up in place of my insurance company and they pretended to be them. Either way I ended up with a CMC somehow, without actually realising. I thought I was getting a courtesy car because I have that on my policy and it was implied that is what I was getting. I did sign the forms. Obviously I wish I'd read the small print! Once they had my car, the CMC basically did everything in their power to maximize costs. I was chasing every week to get my car back and was told there were no garages with availability anywhere. They ended up having my car for 4 months, didn't even fix it, as they said they were getting nowhere with 3rd party so returned it to me still broken. I managed to get it fixed myself within 5 days so the 4 months was absolutely just a con. Also when my car came back it was absolutely riddled with mould internally, despite them billing over £4k for "secure climate controlled storage" anyway after hearing nothing since I returned the hire car 4 months ago, I just had a call today to say they are referring me to a solicitor to take on "my" case against the 3rd party to try and reclaim the over £18,000 worth of costs. It's insane. The actual cost of repair was about £280 in all and took me 5 days to sort once I got my car back. I absolutely would NOT have agreed to any of this if I'd understood what I was getting into. But once they have your car they start using intimidation techniques, like saying if I demand my car back (which I tried to do after about a month), then it could be stated in court that I hadn't actually NEEDED a hire car in the first place, so would have to pay the costs myself. Also I shouldn't speak to 3rd party if they try and contact me as that is being uncooperative. With hindsight this is obviously because HAD I spoken to 3rd party they'd have leant me a car for a few days and saved thousands. What do I do? Will I have to pay it all? I do have emails from the CMC saying as long as I haven't committed fraud (obviously I haven't) and I cooperate I won't be personally liable but honestly I don't even want ANYONE even 3rd party to have to pay these scam costs. It's practice like this that means everyone's policy is way more expensive than it should be.

The other thing I'm worried about is they said on the phone I'd likely have to provide bank statements to show I couldn't have afforded to hire a car at regular daily rates. But honestly I COULD have done. If it had been for a week or 2 at regular car hire rates like when you're on holiday, but I didn't understand what I was getting into. I would 100% have just done that otherwise and try and claim it back later.

How can these companies get away with this? The lies (well not exactly lies, but certainly they imply the situation is different to what it is), the intimidation, the deliberate stringing out to maximise costs? I mean obviously I should have read all the small print and I'm kicking myself now, but I'm not in the industry and I don't have a legal brain. I'm just a regular person who fell for a scam. Will a judge see that? Or is it literally just "you signed it, you pay it" even when I tried my absolute best to end it as quickly as possible once I understood.

At the absolute least I can't be liable for storage can I? When they gave it back completely mouldy? (I do have photographic evidence of that and email chains where they admitted it and agreed to pay my valet cost of £100)

If you got this far then thank you!!

I'm so scared 🙁

OP posts:
Geo42 · 22/06/2023 17:06

From what you have explained you need legal advice. I suggest you contact the Citizens Advice Bureau asap. Good luck.

Ariela · 22/06/2023 17:10

Trading Standards might have something to say, a clearly they were impersonating your insurers

Ellemeg82 · 22/06/2023 17:18

Similar thing happened to a friend of mine.
Her insurance put her in touch with an accident management company and she ended up with a 'credit hire' rather than a courtesy car.
Apparently it's quite common these days (not necessarily a scam) but it is unscrupulous in my opinion as the idea is to claim as much as possible from the 3rd party by racking up the car hire cost.

I believe if you read the small print of the hire agreement it says the costs will be recovered from the 3rd party and if not they will be written off - however you may have to go to court to get this done and prove you needed the hire car for that long and couldn't afford to privately hire one etc.

It's a stressful and complicated situation and I feel for you. My friend spent 100's of hours in total trying to sort it out.
I would suggest contacting citizens advice. They were really helpful to my friend in navigating the issue.
She didn't have to go to court in the end but it was a stressful process for her.

It's something I'd advise anyone making a claim to make sure if you make a claim to really check who's dealing with it - in days of past your insurance dealt with it, provided a courtesy car and then claimed it all from the 3rd party. It now seems increasingly common to have these accident management companies and their expensive hire credit cars involved which in my opinion adds a layer of financial worry to the claimant.

I believe they covered this once recently on BBC Rip off Britain so worth having a look on iplayer. Martin Lewis's MSE website and forum also very helpful for this scenario

Best of luck with it all

Worriedwendywon · 22/06/2023 17:42

See what I don't understand is how they can be allowed to rinse the costs. Even if those costs arent for an individual to pay and just another insurance company. I mean in the end that means we all pay. Obviously my main fear is that I am persuaded liable - although I don't think I am. I believe as long as I do my best to help them then I won't have to pay. But honestly I don't WANT to help them in their rip off. It's fucking disgraceful that this company's main way of making money as far as I can see is deceit. I do see that in some instances credit hire could be legitimate. If I needed a car for work or something and had no other way of getting one. But none of it was explained, and I could have hired one myself if it had been. And they really did do everything they could think of to jack up the costs. As individuals we have an obligation to keep them down where possible so why is it the opposite for these companies?
Plus they didn't even fix my car or store or securely but they're charging for doing so! When I spoke to them today and we discussed how I may have to go to court I asked if they expected me to lie. They said "I wouldn't have thought you'd be expected to lie if you don't feel comfortable doing that" I mean wtaf?
Honestly it sort of reminds me of the stories of payday loans companies from a few years ago.

OP posts:
twoandcooplease · 22/06/2023 18:00

It sounds like cowboys running companies claiming for XYZ thinking it wouldn't be picked up

So in the end what are they billing you?
Are they still billing the 3rd party for your use of the hire car while they 'tried' to have yours repaired?
Or, are they trying to bill you for the use of the hire car because you put your foot down and said 4 months has been long enough and they can't reclaim back the hire costs through 3rd party insurance because you basically stopped the claim to sort it yourself? (Which is what I would have done as well) therefore in their eyes holding you liable?

Sorry for all the q's I hadn't come across this before,you posted

twoandcooplease · 22/06/2023 18:02

Re read your update @Worriedwendywon and I understand now

** It's fucking disgraceful that this company's main way of making money as far as I can see is deceit. I do see that in some instances credit hire could be legitimate. If I needed a car for work or something and had no other way of getting one. But none of it was explained, and I could have hired one myself if it had been. And they really did do everything they could think of to jack up the costs. As individuals we have an obligation to keep them down where possible so why is it the opposite for these companies?
Plus they didn't even fix my car or store or securely but they're charging for doing so! **

This is what I was asking but you cleared it up thank you

ThePoshUns · 22/06/2023 18:03

I hear you OP I am stuck in this nightmare almost 3 years down the line. I have to go to court next week.
Over the years I have had to provide all my bank and credit card statements
I do have it in writing that if the court case fails to recover costs then I won't be liable but it has all been massively stressful and I can't wait for it to be over.
I honestly wish that the other driver had driven off and then my own insurance would have sorted it out.
The whole thing is one big con.
I'm so cross for ever going to the company but I honestly thought that my insurers were acting in my best interest at the time .

Worriedwendywon · 22/06/2023 18:05

@ThePoshUns same. I wish there had been no witness at all. I mean my car is only worth about £4k and this bill is 4 and half times that. It is literally a scam and I can't understand how it's legal. I really hope you win your case. Please let me know how you get on.

OP posts:
Worriedwendywon · 22/06/2023 18:08

Also what would happen if I did go to court and totally told them everything that happened. How the company worked against my attempts to reduce costs. Would that mean that I'm not cooperating and I'd be liable? Should I lie? How about the fact that I could have just paid? I honestly have no idea.

OP posts:
ThePoshUns · 22/06/2023 18:35

I have been provided with a barrister for court ( how much all this costs i can only imagine).
I have to meet them before the hearing at the court so I'll ask them. When i asked over the phone if I should have paid / sourced my own hire car I was told ' why should you have done that?'
I could have found a way to pay for a car but at no point did anyone ask if I could .

ThePoshUns · 22/06/2023 18:35

I also feel completely stupid for agreeing to it in the first place

Worriedwendywon · 22/06/2023 18:42

Yeah me too @ThePoshUns I actually almost feel ashamed like I'm a complete idiot and like I've done something bad

OP posts:
Oysterbabe · 22/06/2023 18:47

Worriedwendywon when you hear from the solicitor send them a very open and honest email outlining what has happened as you have here. Include as much detail as possible. Was your car still roadworthy after the crash? If so, tell them that. They cannot claim hire charges if you had a roadworthy car sat there.

It will be a term of the agreement that you assist with the recovery of the charges. Usually if you do so then they cannot ask you to pay them. Make it clear that you are more than happy to help, but that you will be honest about what happened. The solicitor will not want you near court, because from what you've said the judge would award fuck all.

I'm a lawyer and pursued these claims for years. I had to drag many a Claimant to court, but not where the prospects of success were poor.

Oysterbabe · 22/06/2023 18:50

Worriedwendywon · 22/06/2023 18:08

Also what would happen if I did go to court and totally told them everything that happened. How the company worked against my attempts to reduce costs. Would that mean that I'm not cooperating and I'd be liable? Should I lie? How about the fact that I could have just paid? I honestly have no idea.

Before you go to court you will need to sign a witness statement setting out what happened. They will write it for you but it's your statement so go through it with a fine tooth comb, make sure it is 100% accurate and ask them to add anything that you think should be in there. You are expected to tell the truth to the court about what happened so don't worry about that.

Oysterbabe · 22/06/2023 18:51

Also, yes tell your solicitor that you could have just paid.

Worriedwendywon · 22/06/2023 19:09

Thanks @Oysterbabe as a lawyer do you know why this is allowed legally? It really does feel like a massive scam. Surely at the very least they'd have to write off the ridiculous storage costs given the state I got my car back wouldn't they? I mean no one, not even the 3rd party insurance company, should bloody ever have to pay that.
@ThePoshUns hope your case goes well. Please let me know how you get on.

OP posts:
Worriedwendywon · 22/06/2023 19:12

As to whether it was roadworthy - not really. But the damage was so minor. I had a broken rear tail light which made it undrivable apparently, and a little bit of scrapage on the body work. I mean I'm not even completely sure why I couldn't have just driven the stupid thing in daylight but they said I couldn't.

OP posts:
Oysterbabe · 22/06/2023 20:34

Fixing the light would have taken all of 10 minutes so that should have done that while sorting the rest to get it back on the road.
The storage costs won't be written off because they stored it badly, it was still stored.

It's legal because it's a useful service and can work out fine when done properly. They should be upfront about what it is but usually they rely on people reading the agreements (knowing that many won't). Losses are supposed to be kept to a reasonable minimum, so they should not be causing delays or purposely trying to lengthen the period of hire in any way. The court won't award hire for unreasonable delays.

Worriedwendywon · 22/06/2023 20:52

Honestly I probably could have got it fixed while sat on my driveway, at least enough to make it drivable. I feel so stupid for letting it happen. And they never even fixed it anyway. They returned it to me in exactly the state it was when they collected it. Just mouldy as well. 4 months later. And I was then left without a car for a few days while I got it sorted out myself. Which I wish I'd bloody done in the first place. At least I know now and would never fall for this shit again. I want everyone to know and understand. I don't want anyone else ending up in this position. And I honestly thought I was bloody speaking to another department of my insurance company and it was a courtesy car.
How could they keep my car for 4 months, not even fix it, and bill 18k for that?

OP posts:
Worriedwendywon · 22/06/2023 20:58

I am tempted to officially complain to the credit hire company for the unnecessary delays, and the fact that they returned an unfixed mouldy car to me. Should I? Or would that make things worse?

OP posts:
kitkatnatnat · 22/06/2023 22:29

Hi @Worriedwendywon I'm the OP on the other thread you've posted on. I have been wondering the exact same thing about making it as clear as possible in court that the hire company have been non-transparent, obstructive and misleading. But also worried about the repercussions if they say I've voided the terms of the contract by not obeying them. It's so galling to think I am helping them get money.

ThePoshUns · 22/06/2023 22:33

Same @kitkatnatnat . If they'd have said , hey Posh it could be cheaper to get a hire car if you have a credit card, would you want to do that i probably would. Now i feel like I have to say no I couldn't have afforded a hire car just to stay in line with the agreement. It just doesn't sit well with me

Worriedwendywon · 23/06/2023 10:26

@ThePoshUns I'd be careful about saying you couldn't have afforded it if you could. Won't it be obvious from your bank statements? I mean I don't know anything about legal stuff so maybe don't listen to me but could you ask the barrister maybe?

OP posts:
ThePoshUns · 23/06/2023 14:10

Yes will ask the barrister before

Worriedwendywon · 30/06/2023 10:07

@ThePoshUns how did you get on?

OP posts: