Expired

Can Hertz car rental take money out of my debit card which I dont agree with?

32
Found 22nd Jul 2013
So rented cars with hertz many times and always paid before or after giving car back, but on last occasion the car I had was used for some robbery so I got pulled and police took the car for investigation and said they would contact Hertz (but didn't as yet so far been a week)

So than as the car was not given back on correct day and time Hertz have forced money out of my debit card and added all sorts of fees putting me under pressure finacilally, so rather going through all the long procedure and time delays I asked my Bank Halifax to take chargeback from hertz as there is no direct debit on my card or standing order.

Bank said that hertz forced through as they had a copy of my bank details and cant refund and to speak to hertz about this.

So legally I am hoping to find out where I stand with the bank allowing this and not chargingback my money as I rented through store and not online?

Terms and Conditions about debit card;

1) The use of a debit / prepaid card is only accepted for online prepayment, as we do not accept debit / prepaid cards as a guarantee. The following conditions apply:
- The debit / prepaid card must be in the name of the renter;
- The debit / prepaid card must be presented also at the time of pickup of the car, just for verification that it is in the name of the renter;
- At the time of pickup of the car, the renter MUST present a valid credit card in his/her own name as a guarantee. Prepaid / debit / Electron / electronic use only / rechargeable / virtual / Maestro / revolving / Solo / Switch cards are NOT accepted as guarantee.

Thanks

32 Comments

Rather than expecting the Police to contact Hertz, have you made them aware of the situation. Given them the crime reference number?

ceres

Rather than expecting the Police to contact Hertz, have you made them … Rather than expecting the Police to contact Hertz, have you made them aware of the situation. Given them the crime reference number?



Exactly. Contact Hertz!

so did the police give you any documents to say they had confiscated the car and of course a crime reference number?

Assuming you have these documents then you need to deal with Hertz and make them fully aware of the situation.

If Hertz are not interested - which I guess maybe the case - then you will need to contact someone like CAB

could be difficult

I just hope you got adequate documents from the police

EliTom

Contact the Financial ombudsman immediately
Tell them you intend to take Hertz to small claims court
Get a solicitor to rite to them
You can't lose.

BTW get them to put in writing the exact legal terms they believe applies and how they can justify their additional (undisclosed / not agreed )costs then do them hard!!

sowotsdis

Contact the Financial ombudsman immediatelyTell them you intend to take … Contact the Financial ombudsman immediatelyTell them you intend to take Hertz to small claims courtGet a solicitor to rite to themYou can't lose.



Sorry but this is just plain wrong. The Financial Ombudsman Service has nothing to do with a car rental company. And, even if it did, you cannot take a complaint to the Ombudsman until you have fully exhausted the internal complaints procedure of the company and reached deadlock.

To take a company to small claims, you also have to exhaust all other avenues to resolve the problem before going to court. There's no evidence the OP has done anything yet.

I'm pretty sure if the OP looks at his rental agreement, there will be provision for the company to recover unpaid charges. It's very common in car rentals - people don't return the vehicle with a full tank, or it needs cleaned or it's damaged.

ceres

Sorry but this is just plain wrong. The Financial Ombudsman Service has … Sorry but this is just plain wrong. The Financial Ombudsman Service has nothing to do with a car rental company. And, even if it did, you cannot take a complaint to the Ombudsman until you have fully exhausted the internal complaints procedure of the company and reached deadlock.To take a company to small claims, you also have to exhaust all other avenues to resolve the problem before going to court. There's no evidence the OP has done anything yet.I'm pretty sure if the OP looks at his rental agreement, there will be provision for the company to recover unpaid charges. It's very common in car rentals - people don't return the vehicle with a full tank, or it needs cleaned or it's damaged.



excatly

Hertz will just have put in place an automated process if the car was not returned when scheduled - they will assume the worst

The renter should have immediately informed Hertz that the car had be seized by the Police. I can only assume the renter did not do that.

EliTom

Banned

If only you were agent 007. He'd have no problems.

Banned

And the short answer is yes, they can.

You signed an agreement stating that the car would be returned on x date. It was returned late. The agreement was therefore broken and you as the renter are liable for the charges under that agreement.

In this case you should have called Hertz as soon as the police said they were taking the car. Why didn't you?

Once you knew the car was late back, you should have contacted Hertz to explain why. Why didn't you?

Sorry OP, as harsh as the situation is, the vast majority of it is your own doing. If you actually bother speaking to Hertz then you should get your money back. If you bury your head in the sand as you have done until now then you won't.

Can you not use some of the money you blagged in the robbery to pay the fees!

I always use expedia or carhire3000 and its always a good reason to open a free account with bank that is not your main bank, don't link it to your own bank in anyway (like when they ask for details to transfer your balance etc). Then when your ready to rent a car put in the money you need plus the deposit amount, the worse they can take is the deposit amount you put in there!

Original Poster

Thanks everyone for all comments;

So I did make aware of Hertz of this next following day, some guy took details and said they would contact Police, the same thing Police said that they would contact Hertz!

Hertz as so far have said they are looking into this and it does seem money will be given back but seems like a lengthy process of waiting for all parties to communicate.

I know I will get back the money one day unsure when, but for now I would have thought Halifax could do a charge-back which they wont as like everyone said usually some kind of deposit or guarantees are taken but when taking out the car this wasn't done on that day by the employees!

Management at Hertz didn't make it clear that money could be taken out forcefully, they didn't ask for a deposit or a credit card as a form of guarantee.

So again my question is about the bank stand on this, I mean am I right or wrong that this was wrongly done by Hertz of taking forced payment and i should get money back from the bank as they didn't take a deposit that one usually pays first or provides a credit card. As Debit card from Hertz terms dont accept Debit cards as a guarantee.



"The use of a debit / prepaid card is only accepted for online prepayment, as we do not accept debit / prepaid cards as a guarantee. The following conditions apply:
- The debit / prepaid card must be in the name of the renter;
- The debit / prepaid card must be presented also at the time of pickup of the car, just for verification that it is in the name of the renter;
- At the time of pickup of the car, the renter MUST present a valid credit card in his/her own name as a guarantee. Prepaid / debit / Electron / electronic use only / rechargeable / virtual / Maestro / revolving / Solo / Switch cards are NOT accepted as guarantee."

Whether they accept a debit card as a guarantee is irrelevant. You have a payment method on your account from which they're entitled to take charges due. Read the full contract. If you want your money back quickly, hassle them to get confirmation from the Police that the car really was stolen. I hope you weren't negligent leaving the car unlocked or with the keys in.

ceres

Whether they accept a debit card as a guarantee is irrelevant. You have … Whether they accept a debit card as a guarantee is irrelevant. You have a payment method on your account from which they're entitled to take charges due. Read the full contract. If you want your money back quickly, hassle them to get confirmation from the Police that the car really was stolen. I hope you weren't negligent leaving the car unlocked or with the keys in.


Indeed, interested how the car got nicked in the first place.

adamsxi

Can you not use some of the money you blagged in the robbery to pay the … Can you not use some of the money you blagged in the robbery to pay the fees!



lol I thought I was yhe only one interested in the robbery more than the charges.

ceres

Whether they accept a debit card as a guarantee is irrelevant. You have … Whether they accept a debit card as a guarantee is irrelevant. You have a payment method on your account from which they're entitled to take charges due. Read the full contract. If you want your money back quickly, hassle them to get confirmation from the Police that the car really was stolen. I hope you weren't negligent leaving the car unlocked or with the keys in.



car was not stolen

was used in a robbery

and then seized from Agent-006 by the police

mattmerch

car was not stolen was used in a robbery and then seized from Agent-006 … car was not stolen was used in a robbery and then seized from Agent-006 by the police



Agent-006 has yet to say what documents he got from the "police"

I cannot imaging the police seizing a car and not giving the driver some documentation .. or am I just naive about "modern" policing?

or was this an elaborate car theft?

also what car was it?

EliTom

If that's the case then the whole situation is even odder. The OP hired a car. Part way through the rental period the car was confiscated by the Police. OP doesn't contact the rental company and demand a replacement vehicle?

If you cant do the time, don't do the crime.

/thread.

This is just plain weird

Original Poster

I am back just wanted to say I have been given paper work from the police etc. And have taken all steps such as going to hertz after with paper work and stuff, but I didn't want to write a whole essay about the story on what I have done in regards to phone-calls, visits etc.

I wanted to find my rights as a consumer in regards to the Bank only as for me going through all other stuff has been LONG and an easier way I though would be Hertz contacting me for a change once money was taken back!

Going back to the Bank I thought only direct debits and standing orders were the only way any firm could take money out once your not present and anything other than that a firm should be clear if they would do that and in this case they didn't take a deposit before or ask for any qurantee payment such as credit card, which Hertz only accepts from terms and conditions.

I have spoken to ombudsman who will look into it after explaining the whole story.

Oh good, note my post for the future about using a different debit card account!

Original Poster

groenleader

Oh good, note my post for the future about using a different debit card … Oh good, note my post for the future about using a different debit card account!



yeah thanks

Banned

groenleader

Oh good, note my post for the future about using a different debit card … Oh good, note my post for the future about using a different debit card account!



They'll still take it regardless of whether you have funds or not

Banned

Agent-006

I have spoken to ombudsman who will look into it after explaining the … I have spoken to ombudsman who will look into it after explaining the whole story.



Who will do nothing because you have not exhausted your banks complaints procedures yet

Do you just want to read the bits you think you want to?

Original Poster

dimebars

Who will do nothing because you have not exhausted your banks complaints … Who will do nothing because you have not exhausted your banks complaints procedures yetDo you just want to read the bits you think you want to?



Hi I have already complained to the bank as well this an ongoing which occurred few months ago.

Agent-006

Hi I have already complained to the bank as well this an ongoing which … Hi I have already complained to the bank as well this an ongoing which occurred few months ago.



You're wasting everyone's time who is trying to help you by dribbling out bits and pieces when it suits you. I'm out.

Original Poster

ceres

You're wasting everyone's time who is trying to help you by dribbling out … You're wasting everyone's time who is trying to help you by dribbling out bits and pieces when it suits you. I'm out.



Im sorry you feel that way as I said I only asked for advice on where I stand legally with Halifax, simply if i could get money back from a firm who took without me being there. I have never had a firm do that before unless I was there.

Original Poster

ceres

Sorry but this is just plain wrong. The Financial Ombudsman Service has … Sorry but this is just plain wrong. The Financial Ombudsman Service has nothing to do with a car rental company. And, even if it did, you cannot take a complaint to the Ombudsman until you have fully exhausted the internal complaints procedure of the company and reached deadlock.To take a company to small claims, you also have to exhaust all other avenues to resolve the problem before going to court. There's no evidence the OP has done anything yet.I'm pretty sure if the OP looks at his rental agreement, there will be provision for the company to recover unpaid charges. It's very common in car rentals - people don't return the vehicle with a full tank, or it needs cleaned or it's damaged.



Yeah your right Rental firms usually take a deposit before or take a credit card as provision. If they did take a credit card or deposit I would not be complaining.

Someone could argue what about debit card instead of a credit card as provision and again from there terms it states they dont accept that.

I feel due to them forgetting to take a credit card or deposit as they were very busy that day they made a mistake and used my debit card from previous times I have used them and in previous occaions they have taken a deposit.

dimebars

They'll still take it regardless of whether you have funds or not



Not from your main bank account which could spend money you need. Not your main bank so its not like they can shut down your account and affect you? Put the firewalls in place!

I had a similar issue with a re-occuring payment on a card, the bank can charge it back but it requires filling in a form at the bank and hertz will probably just charge it again meaning you are back at square one.
In future use a credit card to pay, if you let them(The CC company) know you are not going to pay the bill and why they will do the chargeback themselves.
Edited by: "maddogb" 23rd Jul 2013

Banned

sowotsdis

Contact the Financial ombudsman immediatelyTell them you intend to take … Contact the Financial ombudsman immediatelyTell them you intend to take Hertz to small claims courtGet a solicitor to rite to themYou can't lose.


Sheer nonsense!
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