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Help! Unending hassle over 'credit hire' vehicle. - FieldingMellish

Hello. I've seen some posts and FAQs on this but cannot find specific answers. Almost 5 years ago a van crashed into the back of my car. While my car was fixed the insurers of the van driver provided me with what I thought was a courtesy car but was in fact a rental hire. I had no idea I would still be enduring hassle 5 years later. Where do I stand? Here is the gist, an email from the solicitor acting on behalf of teh rental hire company:

Following the accident on 22/11/2012 you used [well known credit hire company] non-fault accident credit services. I understand that you were referred to Enterprise after having reported the claim as being non-fault.

[well known credit hire company] operated a credit hire vehicle service whereby they provide like for like vehicles to people who had suffered non-fault accidents. These vehicles are provided on a credit hire agreement which you would have signed. The cost of the vehicle would legally be in your name, however due the accident not being your fault, it is the standard practice of companies such as [well known credit hire company] that these charges be recovered from the insurers of the at-fault party through a claim in negligence.

We have received instructions [well known credit hire company] to contact you in order to obtain your permission to run a claim against the insurers in your name at no cost to yourself. [well known credit hire company] are funding a claim to recover hire charges from the insurers but unfortunately by law they are unable to make this claim directly. There is no contract between [well known credit hire company] and the insurers and they were not the victims of negligence. As such a claim to recover the hire charges needs to be made in your name as you were the victim of the accident. We will also be able to include a claim for any losses you have incurred and will do so at no cost to yourself.

Under the terms of your agreement with [well known credit hire company] you agreed to assist them in the recovery of their charges including lending your name to the proceedings. By Law the proceedings must be brought in your name as it was you who signed the hire agreement but the costs associated with the proceedings will be met by [well known credit hire company] subject to the terms of your agreement with Drive Assist such as assisting in their efforts to recover the charges.

You are not obliged to authorise us to act on your behalf, however if you do not then [well known credit hire company] will only be able to seek to recover the hire charges by seeking them from you directly. I am telling you this purely so that you can make a fully informed decision. You are of course at liberty to seek independent legal advice.

Help! Unending hassle over 'credit hire' vehicle. - RobJP

As a first step, ask them to supply a copy of the Credit Hire Agreement, as signed by you at the time. That will detail exactly what your rights and responsibilities were.

Help! Unending hassle over 'credit hire' vehicle. - FieldingMellish

>As a first step, ask them to supply a copy of the Credit Hire Agreement

Thanks. Yes they have done so, but I only recognise Page 1, the part I signed. I never saw pages 2 to 4, and I was not aware I was entering a credit hire agreement. I was told to go to [the car hise company] and collect a courtesy car. I did agree to pay a £5 a day 'damage waiver', but was explicitly assured that that would be the only charge I would ever be liable to.


Help! Unending hassle over 'credit hire' vehicle. - RobJP

I think you need professional legal advice, or to speak to your insurance company at the time. Or both.

Help! Unending hassle over 'credit hire' vehicle. - concrete

Been there, done that! I put the whole situation in the hands of a solicitor provided by the Legal Cover Clause in my insurance policy. They took their own sweet time, and at one point tried to persuade me to accept an 80/20 split for the claim. My answer is unprintable. I stuck to my guns and eventually after playing hard ball for many months the claim was settled, no money from me or my insurance company, result. If you feel you are right and you have good evidence to back you up then stick to your guns and tell them go and whistle. Let us know how you get on.

Cheers Concrete