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QLD Getting Money Back from Europcar under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Oliver, 14 October 2015.

  1. Oliver

    Oliver Member

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    There were small minor stone chip been cores, on lower front bar/ spoiler of rental car. I filled out the incident report as requested by the counter staff at the time and I was also informed by the counter staff that it will be a wear and tear of the rental car.

    I found out a few weeks later that I've been charged 549.12 extra on my credit card, without
    notification from Europcar. The dispute got me nowhere so far! I feel like I'm being unfairly treated, making me, as a consumer, liable for things that would normally be outside my control as well as charging my credit card without giving the me notice or an opportunity to dispute the charges.

    How do I get my money back? And do I have a chance under Australian Consumer Law?
     
  2. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    You'll need to get legal advice ....and quickly. They should be able to produce photos of the "damage" and prove it was caused by you.
     
  3. JS79

    JS79 Well-Known Member

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    Do you have any pictures that you took prior to renting the car and just before returning the car?
    Have you still got your rental car contract which defines fair wear and tear?

    As the claim is for $550, legal action would not be worth it (you would be paying almost as much to see a lawyer). You could look at filing an action at the small claims court where you represent yourself and the Magistrate would decide whether he believes your proof or the rental company's proof.
     
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  4. Oliver

    Oliver Member

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    Thank you so much for the info !! Unfortunately, no pictures been taken before or when I returned the car! I know, stupid, but landing after a 4 h overnight flight, it did not even pop into my head as well as no picture was taken when being yelled at the car return part.

    The reception comforted me by saying it will be ok as wear and tear at the front of car. Yes I do have all the contract with me, and it even shows what included at wear and tear on a front bar. I requested a Form 3 from the small claim court. I will also see a Lawyer and will contact Fair Trading

    Thank you again
     
  5. Oliver

    Oliver Member

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    Thank you so much ! we asked them several times to provide the photos before the repair and after ??? No respond at all !

    Will get legal advice, just on it !

    Cheers
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    You should have been given a copy of a form showing any existing damage. Most rental companies do this now as it protects both parties in the event of something like this happening. If you go to the Small Claims Court with these documents, it is very much in your favour.
     
    Oliver likes this.
  7. Oliver

    Oliver Member

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    Thank you !
    I did called them today to send me out a Form 3 to fill out , to go ahead with my claim ;)
    cheers
     

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