I'm wondering if any legal beagles on P&B can advise on what course of action I should take regarding hassle I'm having with Enterprise Car Hire. It would be appreciated.
We hired a car from them back in June for a weekend out of Birmingham Airport. Upon return, we waited in reception while the car was checked and given the all clear. Our £200 deposit was duly returned to my credit card a few days later.
Our weekend was incident free, so I wasn't concerned when the car was cleared verbally after a 15-20 min inspection in the car park, with no off hire paperwork being offered to me. We just wanted to catch our flight and get home asap.
Enterprise Damage Recovery Unit then contacted me on 3rd August claiming £207.71 for a damaged tyre.
As I had no knowledge of any damage to a tyre on the vehicle, I informed Enterprise that I had no intention of paying the charge. After a few months, several reminders and some email ping-pong, they have passed the matter to a legal firm called Shakespeare Martineau.
The letter from them is not a 'letter before action', but a request that payment is made of the £207.71 or further action may be considered, with additional costs being aded to the principal amount.
The description of damage is listed as "AA call out - damaged tyre". This did not happen during our weekend!
We did, over that weekend, pay for extra insurance cover from a Swinton subsidiary which would cover this type of claim.
However, I would have to pay the £207.71 and recover the amount via a claim to Swinton.
I'm reluctant to do this as a) insurance companies have a way of wriggling out of settling claims and b) the damage did not happen during the period I had the vehicle, and I believe the claim is totally without merit.
Under English Law, could they actually take me to court with no evidence to support their claim?
Any advice? Pay and claim, reply to the solictor with my reasons for non payment, or ignore?