Van Hire - Damage to a Wall | Legal matters | Back Room Forum

Mon 27 Jun 2022 13:41

Van Hire - Damage to a Wall - TooLongaWinter

I hired a removal van a month ago for moving homes and the van was returned with no damage. The property I moved from was a flat with a communal car park.

I have just been contacted by the van here people advising me that the management company are saying that I damaged a small retaining wall in the car park however I dispute that I did this.

They have provided 2 photographs that were taken by a resident on the day I moved, 1 showing the end of the wall slightly collapsed (its like a dry stone wall) and another of the van parked up. They are saying that this is the evidence that I did it which I deny. I have no evidence myself but there is nothing to say that the wall was not already damaged.

The van people have confirmed there was no damage to the van but have said that they will pay for the repair and then bill me for this. I told them that should they pay this, then this is on their own admission but I deny any liability however they have said that should it go through the insurance, they will say it is 50/50 liability.

I am wondering if anyone has any advice as to what my next step should be?

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Mon 27 Jun 2022 15:44

Van Hire - Damage to a Wall - nick62

Is this a wind-up? If not, tell them to get stuffed.

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Mon 27 Jun 2022 19:39

Van Hire - Damage to a Wall - TooLongaWinter

I wish it was a wind up but its actually for real. I cannot believe the van company are willing to accept liability and pay for the damage and then expect me to just comply by settling their bill.

I was more concerned with whether or not if went to court, where would I stand.

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Tue 28 Jun 2022 12:27

Van Hire - Damage to a Wall - Gibbo_Wirral

It will get thrown out.

No witnesses to the van hitting the wall.

No damage to the van.

Have you left an area with vindictive neighbours or some dispute?

Edited by Gibbo_Wirral on 28/06/2022 at 12:28

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Sat 2 Jul 2022 23:06

Van Hire - Damage to a Wall - focussed

"I was more concerned with whether or not if went to court, where would I stand"

If it's a small claims court you sit around a table - you don't stand !!

You tell the plain unvarnished truth backed up by your paperwork and signed off hire agreement with no damage noted, and the van hire company gets a frown from the SCC judge and gets to pay your reasonable expenses for being there.

I personally think the van hire company is trying to work a flanker to get previous damage to the van which they have covered up, paid by their insurance company and involving you in the 50/50 knock for knock settlement.

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Sun 3 Jul 2022 05:57

Van Hire - Damage to a Wall - _

To use a legal term,

Ask for "PROOF OF CAUSATION"

They HAVE to prove it was you, not assume it was you. and if there is no damage to the van that is clear.

worked for me about 10 years ago.

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Mon 4 Jul 2022 13:59

Van Hire - Damage to a Wall - TooLongaWinter

Thank you for this advice, I am composing a reply to them and will use include this particularly as they confirmed that there was no damage to the van.

They are now saying that if I don't pay for the repair, they will go via their insurance which has a very large excess and they are now using this as a scare tactic thinking I will just accept admission. All unbelievable.

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Mon 4 Jul 2022 16:01

Van Hire - Damage to a Wall - Adampr

They can do what they like - it's their insurance. I would expect the insurer to tell both parties to do one.

There is no just no way that you're liable (unless you did hit the wall, are pretending you didn't and someone has proof up their sleeve). There is evidence you were there, which you don't deny, and evidence that the wall is damaged. That's it. Several other vehicles may have used the car park on the same day and the van you hired has been inspected and noted as having no damage. How could it have been you?

In terms of composing a reply, simply state that you did not hit the wall, that the van was undamaged, and that you won't be entering into further correspondence.

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Tue 5 Jul 2022 12:17

Van Hire - Damage to a Wall - Gibbo_Wirral

I repeat - have you left an area with vindictive neighbours or some dispute?

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Tue 26 Jul 2022 00:41

Van Hire - Damage to a Wall - focussed

I repeat - have you left an area with vindictive neighbours or some dispute?

It doesn't matter - the hire company has confirmed that the van suffered no damage during the hire - end of negotiations!

Cease all communication with the hire company.

If they continue harassing you, make out an official complaint of harassment to the police and fill them in with copies of all the details and paperwork.

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Tue 26 Jul 2022 10:32

Van Hire - Damage to a Wall - Cris_on_the_gas

It does matter.

Ceasing communication with the hire company is not a good idea. They are between a rock & a hard place and from what is said above are going for the easy option and who wouldn't.

How much damage was done to the wall ? If significant then your argument is why was the van not damaged ?

You stated that you were moving from this address. Could the wall have been damaged earlier.

Did you have any contact with person accusing you of the damage ? If not then assume they noted down the hire company and contacted them directly.

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Tue 26 Jul 2022 20:51

Van Hire - Damage to a Wall - Adampr

I can't quite see how accusing a customer of damaging a wall with an unmarked van is the easy option. The easy option is to ask the accuser to prove it, which they can't, and tell them to do one.

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Tue 26 Jul 2022 22:05

Van Hire - Damage to a Wall - SLO76

Post a review on trustpilot and on local Facebook marketplace pages and this will quickly go away. I’ve used both before when I’ve suffered poor service or attempted scams like this from local businesses and fly traders. They’ve always backed down in the face of losing a crippling amount of business. The power of social media is an excellent tool against vermin like this.

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