Hertz instructed debt collectors to get money for a clutch I didn't break

[lupin3d]

so... I am back again  

 

quick recap: I rented a van using Hertz; the clutch burned out after only 6 miles; Hertz tried to get £850 from my c/c (thankfully I used a virtual one); a debt agency sent me a letter asking to pay £1000+ that ignored.

 

30 days ago I requested an SAR to Hertz and, so far, I have not received anything (no via post nor via email). As far as I know they are obliged to fulfill my request and I don't want to send them a reminder. Can i open a complaint to the ICO? do you advice me to to that or should I wait more time?

 

Thanks,

 

L.

[BankFodder]

As you are not out of pocket, I think I would do nothing about the breach of data protection regulations – but simply store it up so that if they come back at you, then you can raise the issue and challenge them.

Did you get any information about inspections et cetera? You received a response to one SAR. What did that produce?

[lupin3d]

I received a SAR from BVRLA and it includes an email trail with Hertz about my case. Few points I noticed:

 

[...]

This is the only image we have of the clutch. The clutch condition report unfortunately was not uploaded to the job
because it was sent to Chris Ward who is currently on furlough.

 

But as you can see from the condition of the clutch cover and the lining on the friction plate it has been shredded off
the rivets of the plate. This kind of damage would not occur under normal driving conditions.

[...]
Concluding summary statement based upon cause of failure. Reference should be made to the time frame in which the damage / failure occurred

 

It is likely that the clutch has been misused but it is not possible to provide a time frame. The final
failure of the clutch drive plate is likely to have been sudden.
[...]

 

I asked, together with the SAR, a detailed report of the van before I rented it but I didn't get any response (yet).

[BankFodder]

Well this is an excellent disclosure. It makes it clear that they have no idea of the timeframe. They talk about misuse – which is clear that it must've been misused and of course importantly they make it clear that the failure of the clutch plate would have been sudden. Well that's to be expected but also it suggests that there was no reason for you to suspect anything until he actually went.

I suppose that it's a bit like dying. You can have an illness for weeks but the very moment of death is going to be sudden. One second you're alive – the next second you're dead.

I think the information you have here doesn't prove anything for them at all and of course it would be for them to prove their case – not for you to disprove it.

Very interesting that they're not able to get the clutch condition report. It's amazing that it wasn't uploaded and that they sent the sole copy to this person "Chris Ward". I wonder who that person is.

Anyway, even more, I think that there is no particular reason to worry even if they pick it up again and start to chase you – which I suppose is fairly likely

[lupin3d]

hey... I am back again.

 

I just got an email from the debt collection agency

 

(SkandicInkasso - http://www.skandiconline.com/) asking the following:
 

We ask you now to pay the claim of 1,230.12 € quickly, within 7 days (until 12.11.2020).

Due claim:

Main claim: 1,001.53 €
Interest: 44.09 €
Costs: 184.50 €
Total: 1,230.12 €

 

Do you suggest to ignore this email altogether or to reply telling them I won't pay unless they take me to court?

 

Thanks,

 

L.

[BankFodder]

I think it's probably best to reply to them so they don't think that you are an easy kill.

I think you should go and tell them to do something very rude to their grandmother

[lupin3d]

  

I might just tell them that I am not going to pay and the debt is in dispute.

[BankFodder]

You can also tell them that your dispute is with hertz and you are not prepared to have any further correspondence with them.

[dx100uk]

who is their stated client 

[lupin3d]

in the invoice I found:
 

Quote

Mandant: Hertz UK Ltd. Carrental

 

[BankFodder]

Apart from the fact that it is French, I'm not too sure that I have gathered the significance of it

[dx100uk]

only the client can do anything and that would have to be a uk claim.

can't find any at all for these supposed car hire debts.

 

block and bounce all mails

 

 

[lupin3d]

I was looking on their website and I found:

 

[...] SkandicInkasso can be of assistance in monitoring the debtor with its long term surveillance system. [...] from https://www.skandicinkasso.de/en/products/legal-debt-collection/

and [...] Common garnishment of accounts and wages is here possible, as well as furniture execution, the registry of equitable mortgage and the blocking of other assets like life insurances and properties [...] from https://www.skandicinkasso.de/en/products/compulsory-execution/.

 

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

 

I am curious to know what information they have about me... I might send them a SAR

Edited November 5, 2020 by lupin3d

[BankFodder]

They would have to start off with a judgement in the UK.

I hope you're not starting to get rattled by this

[lupin3d]

naaah I was just curious  

[dx100uk]

doesn't matter what 

37 minutes ago, lupin3d said:

They are based in Karben, Germany. Can they really do what they are saying on their website?

 

no never in the uk with or without a judgement..

[lupin3d]

I am posting here another update just for future references and keep track of what's going on  

 

SkandicInkasso (SJ inkasso GmbH), the DCA, sent me another email:

 

Dear Madame, Dear Sir,

we are commissioned by Hertz UK Ltd. Carrental to collect the outstanding account balance.

At this time, we have neither received a payment nor have we gotten a response to the letter sent on
. Your account is now 101 days past due and you owe a total of 1234.77 €.

 

Please get in touch with us immediately and please submit your payment of 1234.77 € by 06.12.20.

 

We would like to help you quickly remit payment to avoid any actions that could damage your credit rating or future credit limits with you or your company. If there is a reason you are unable to pay in full, please contact us on our web portal:

https://www.skandicinkasso.de/en/debtor-login

Case No.: xxx
Password: xxx

Please pay this amount today, to our bank account:

All payments shall be made to SkandicInkasso (SJ Inkasso GmbH)

Postbank, Germany
SWIFT / BIC: PBNKDEFFXXX
IBAN: DE90440100460869716460

with the ref xxx

You can also make your payment by credit card directly to Hertz in €: www.hertzonlinepayments.com/GB/en

Use this invoice number ( xxx ) “Do only enter the numbers” to pay the full amount 1234.77 EUR = 1082.89 GBP
Please do not forget to send us the proof of payment, you will receive this by email after the payment is processed)

Important:

If you decide to pay by your credit card we kindly ask you to inform us by E-Mail: ( Info@SkandicInkasso.de) so that the file is not referred to our local collection agency.

[...]

 

 

Obviously I am not going to pay but I was wondering if it's worth trying to reason with them and explain that, even if they take me to court, there is no way they can win. Any idiots can agree that, even if you are the worst driver in the whole universe, it's impossible to burn down a clutch after only 6 miles unless the previous driver drove like a maniac.

 

[dx100uk]

you should be blocking and bouncing all email addressees

just a free way to harass people.

 

 

[BankFodder]

 

 

Quote

Dear Sir/Mdm

Thank you for your letter of XXX date reference number XXX.

Just so then we understand each other, there is not even a snowflake's chance in hell that I am going to pay you any money or to your clients.

I'm not responsible for the clutch damage and it is naïve of your clients to say so and it's naïve of you to take up this case on their behalf.

If you want to begin a legal action in the English County courts then go ahead.

In the meantime, I would point out that I requested a statutory disclosure of personal data from your clients on XXX date and they still have not complied.

Maybe you would like to deal with this breach of statutory duty by your clients.

Auf wiedersehen

 

 

[BankFodder]

And by the way, I'm not kidding.  All of it