Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
ThePoshUns · 30/06/2023 16:47

Not great I felt like I was on trial. Don't want to go into too much detail but the judge ruled I couldn't prove I needed a hire car.
The barrister said not too worry and that I had done all I need to do. But I can't rest until I have something in writing. I'm so stressed over it all. Feel like I've done something wrong. I honestly wish the other driver had just driven off.

Worriedwendywon · 30/06/2023 17:43

Oh god I'm sorry it was so awful. It such a scam. I really don't understand why the law allows it

OP posts:
ThePoshUns · 30/06/2023 18:20

I'm so stressed now that the company will come back to me and say I didn't need a car and charge me for everything. It's a nightmare.

Worriedwendywon · 30/06/2023 18:29

But they can't do that I don't think (I bloody hope not because I'm in the same situation) as I understand it as long as you have cooperated and haven't committed fraud then you don't have to pay. It's between them and the 3rd party and if they can't get the third party to pay then they can make a claim against some motoring insurance org. Think it's MIB or something like that. Honestly. I don't think you're going to have to pay anything

OP posts:
ThePoshUns · 30/06/2023 18:50

I won't rest until I have it in writing. I am a worrier!

Worriedwendywon · 30/06/2023 19:19

Honestly me too. And I will be exactly the same. It really is such a shit unfair situation. The whole industry seems to have been set up just to make money out of ripping people off. Makes me think there is basically no point in motor insurance, past 3rd party, fire and theft. You can't claim, unless you are the at fault party. Where is the incentive to be a careful driver, when you're the one who's going to get screwed over?
I'm already super stressed about it and it's only just been referred to a solicitor. I feel like these credit hire companies are basically just a bunch of almost criminals, preying on unsuspecting members of the public. I really hope you get confirmation that you're all safe soon. Please do come back and let me know.

OP posts:
ThePoshUns · 30/06/2023 20:52

I Will Wendy . I feel like I've been on trial. Had my finances picked over, it's been horrible. All because someone else crashed into me.

GrumpyMenopausalWombWielder · 01/07/2023 17:59

Hi, I'm not a lawyer but have worked in insurance so have seen this a lot. Can I suggest that you contact your own insurance company and report this to them? It might be long after the event but you won't be the only person & they will have other claims in the same situation. If you were insured with my employer, we have counter fraud teams who work these cases & it might end up being in your interest to get them involved at this late stage. When you contact them, ask for the matter to be referred to the counter fraud department & ask that someone contact you about it all.

ThePoshUns · 01/07/2023 21:38

Thank you

gingersnappz · 23/07/2023 21:18

Hi OP and @ThePoshUns, how have things progressed?

I'm in the middle of this and it's causing me immense anxiety providing bank statements and availability for court dates - and this is for 2 crashes in the past year, neither of which were my fault.

4weeknoalcohol · 23/07/2023 21:29

Is it only related to the hire car price then? Why do they want bank statements etc?

Crikeyalmighty · 23/07/2023 21:33

We had this too- it's obviously an enormous scam going on. In the end my H said that he had given them all the info they needed plus police report and if they didn't sign it off and sort it internally he was contacting trading standards, action fraud and the police. Strangely they backed off- he has since insured elsewhere on the proviso they don't use claim management 3rd parties

gingersnappz · 23/07/2023 21:46

4weeknoalcohol · 23/07/2023 21:29

Is it only related to the hire car price then? Why do they want bank statements etc?

I believe it's to prove that you can't afford to hire the car yourself.

ThePoshUns · 23/07/2023 22:44

Hi sorry I haven't been back. I needs a breather as have been so stressed.
So the court found I didn't need a hire car. I went into a complete panic thinking I'd have to pay for the hire, the court cost etc
I was proactive in ringing the company, the solicitors.
I had a call to confirm that as the court decided that was the end of everything and the costs would be written off.
I still can't understand the business model, but I think you should just view it as insurer vs insurer and you are just the name ? It probably doesn't make it feel any better and I wouldn't want to go through it again. Unfortunately you've come this far and you don't have an opt but to keep going now

ThePoshUns · 23/07/2023 22:49

*needed not needs

kitkatnatnat · 24/07/2023 22:10

Hi, I haven't posted for a while as not much had happened. I spoke to the hire company last week, they said they were trying to come to an agreement with the third party insurer to settle the hire charges. They said it was very unlikely to end up going to court but based on other people's experiences I will believe it when I see it. I had to provide all my bank statements which felt horrible as it's like someone poring over your life. Waiting for them to get back to me about next steps but everything seems very slow.
@ThePoshUns does that mean your nightmare is over now? It sounds promising that they are writing it off now 🤞

ThePoshUns · 24/07/2023 22:27

That's what they told me on the phone but I won't rest until I have it in writing
I had to give all my statements as well which I found really humiliating as it's such a private thing.
I hope it's resolved quickly for you

gingersnappz · 27/07/2023 21:44

@ThePoshUns thanks - what an absolute waste of money and everyone's time then!

MrWorriedWoo · 17/09/2023 15:15

Hey,

@ThePoshUns @Worriedwendywon How did you guys get on? Did you manage to get it all in writing?

ThePoshUns · 17/09/2023 15:58

No nothing in writing confirming which is still making me a little anxious .
I just renewed my car insurance but was too nervous to change insurers in case this all comes back to bite me.

GrumpyMenopausalWombWielder · 17/09/2023 20:41

ThePoshUns · 23/07/2023 22:44

Hi sorry I haven't been back. I needs a breather as have been so stressed.
So the court found I didn't need a hire car. I went into a complete panic thinking I'd have to pay for the hire, the court cost etc
I was proactive in ringing the company, the solicitors.
I had a call to confirm that as the court decided that was the end of everything and the costs would be written off.
I still can't understand the business model, but I think you should just view it as insurer vs insurer and you are just the name ? It probably doesn't make it feel any better and I wouldn't want to go through it again. Unfortunately you've come this far and you don't have an opt but to keep going now

Hi, I know you are worried & waiting for the written confirmation that you won't be held liable for the hire costs. While I don't know your specific case, if it went to court & the court found that you didn't need a hire car, the outcome means the hire co have no right of recovery against you. If they failed to obtain the relevant information from you on the need to hire a car, then they've duped you as much as the other insurance company who challenged the claim. There's likely been some sharp practice/failure in the legal requirements of the hire co which has led to the court decision. To my mind, it suggests the hire costs cannot be enforced against you or the other party as they provided it to you while (no doubt wilfully) failing to ensure it was necessary.

While I'm just some random on the internet & you can take my words with a pinch of salt, I'm confident you'll be fine & they have no recourse against you.

The whole point of credit hire is about mitigating a loss & also only taking a hire vehicle where necessary & you don't have the funds to pay the cost upfront. If the credit hire co failed to ensure the need for hire was based on these reasons, taking your personal circumstances into account, they're onto plums in getting money from you.

advice1011 · 17/09/2023 20:45

Surely you would know from the get go if you called your insurance company or a different company? They'd either have your details and confirm them through data protection if they were your insurance company or they wouldn't (if they were a CMC). You could try trading standards/ombudsman but you clearly signed forms and knew what was happening to some extent.

GrumpyMenopausalWombWielder · 17/09/2023 21:37

advice1011 · 17/09/2023 20:45

Surely you would know from the get go if you called your insurance company or a different company? They'd either have your details and confirm them through data protection if they were your insurance company or they wouldn't (if they were a CMC). You could try trading standards/ombudsman but you clearly signed forms and knew what was happening to some extent.

No, it's a well known scam that's o going within the insurance industry. It's a tussle between insurers being asked to pay search engines to deal with the scammers who pay to come up 1st on a search on ins co name's & whenever 1 is dealt with, it just comes up again & again. People are being duped into thinking it's their insurance co they're dealing with. And that's what starts the whole thing off.

In a case where the hire co or accident management co don't make it clear it's not the ins co they're speaking to, that's something that's eventually tested if it goes to court. When these companies cannot produce call recordings that makes it clear to the person calling that it's not the ins co etc. the scam is very evident, and the lie to the customer is clear.

It's why the people posting here (where that's happened) can't be held liable for cost incurred off the back of a scam to begin with.

It's the finding the people behind the scams that's the challenge.

advice1011 · 17/09/2023 23:16

@GrumpyMenopausalWombWielder how do they get around data protection though? Everytime I call my insurance company they want to know my name, address, DOB before they even discuss anything with me.

advice1011 · 17/09/2023 23:17

@GrumpyMenopausalWombWielder and by that I mean, how does someone calling not realise they've not been asked to confirm their details. Thats the first red flag. I get the company eventually just get rid of call recordings.