Screwed by Hertz

wsuffa said:
Then they're acting as a collection agency, and if they are a collection agency they have to abide by the various laws that govern same.
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The laws are not as strict for the original creditor as they are for a third-party collection agency.
 
Just got off the phone with my attorney friend. He said it was probably worth paying them just to make it go away.
 
Hertz in LA just pulled this on my wife a couple weeks ago. Sent us a claim in the mail. She only drove the car about 10 miles from the airport to a hotel and back.
 
Surprisingly, I got a note from the SD AG, stating they were initiating an investigation. Then, today I got a call from the manager of Purco, (which I didn't pick up), asking how they wanted to proceed. On the advice of my attorney, I had previously sent Purco a check for the repairs plus a half day loss of use, which they had received and accepted.

They were asking me to drop the complaints against them.

Both the BBB as well as the South Dakota AG followed up on the complaints, and now Purco has to respond.

My points are:
I did not damage the car.
I was not offered an opportunity to inspect the car regarding the claimed damage.
The car was returned to their lot- it could have been damaged just as easily by one of their workers.
I was not offered two quotes for repairs.

Yet, my attorney pointed out that the least expensive way of resolving the issue was to negotiate with them (which I did from 4.5 days down to a half day loss of use, and forget the $100 "service charge".) A Colorado appellate court decision affirmed their right to charge for loss of use, and revealed that both Purco as well as the local Hertz franchise equally split any funds in excess of the amount needed for the actual repairs- in other words, it is a another means of generating income.

The Purco manager wanted me to withdraw the complaints, but why should I? I have it on my phone message that he has accepted the settlement that I sent him.

Just because I signed a contract stating that I was responsible for repairs, how can they prove that the damage did not occur in their lot after the return of the car?

Any other suggestions?
 
AcroBoy said:
The Purco manager wanted me to withdraw the complaints, but why should I? I have it on my phone message that he has accepted the settlement that I sent him.

Any other suggestions?
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Get it in writing that he's accepted the settlement you sent? I don't know if a voicemail recording is enough.

Oh, and send them the link to this music video (language completely Not Safe For Work!)
 
AcroBoy said:
Surprisingly, I got a note from the SD AG, stating they were initiating an investigation. Then, today I got a call from the manager of Purco, (which I didn't pick up), asking how they wanted to proceed. On the advice of my attorney, I had previously sent Purco a check for the repairs plus a half day loss of use, which they had received and accepted.

They were asking me to drop the complaints against them.

Both the BBB as well as the South Dakota AG followed up on the complaints, and now Purco has to respond.

My points are:
I did not damage the car.
I was not offered an opportunity to inspect the car regarding the claimed damage.
The car was returned to their lot- it could have been damaged just as easily by one of their workers.
I was not offered two quotes for repairs.

Yet, my attorney pointed out that the least expensive way of resolving the issue was to negotiate with them (which I did from 4.5 days down to a half day loss of use, and forget the $100 "service charge".) A Colorado appellate court decision affirmed their right to charge for loss of use, and revealed that both Purco as well as the local Hertz franchise equally split any funds in excess of the amount needed for the actual repairs- in other words, it is a another means of generating income.

The Purco manager wanted me to withdraw the complaints, but why should I? I have it on my phone message that he has accepted the settlement that I sent him.

Just because I signed a contract stating that I was responsible for repairs, how can they prove that the damage did not occur in their lot after the return of the car?

Any other suggestions?
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Reply:

"I will not withdraw my complaints. Because you extorted money out of me, and I decided to roll over and take your punishment without a fight does not mean that you did nothing wrong. You have wronged me out of a half day of use.

"It is unfortunate that I hired a crappy lawyer that convinced me to pay anything at all, but my lack of judgment in hiring a lawyer that doesn't understand contract law should not have any bearing on the fact that you have stolen money from my pocket.

"My complaints will be withdrawn when you make me whole."
 
AcroBoy said:
The Purco manager wanted me to withdraw the complaints, but why should I?
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Don't drop it. You didn't do the damage and they're scamming you. Leave
the complaint active. Don't look for much from the BBB if Hertz is a member.
They usually take the side of their members as I've found out on a couple
occasions.

RT
 
Jim, it sounds like you scored big here. They want you to drop the complaints. Thats good. What you want to drop the complaints is for them to refund the settlement money you sent them and call it even. Speak with your attorney regarding this matter.
 
AdamZ said:
Jim, it sounds like you scored big here. They want you to drop the complaints. Thats good. What you want to drop the complaints is for them to refund the settlement money you sent them and call it even. Speak with your attorney regarding this matter.
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And include your attorneys fee of 200 dollars to settle up on their scam. :incazzato::incazzato::idea:

Ben.
 
SkyHog said:
Reply:

"I will not withdraw my complaints. Because you extorted money out of me, and I decided to roll over and take your punishment without a fight does not mean that you did nothing wrong. You have wronged me out of a half day of use.

"It is unfortunate that I hired a crappy lawyer that convinced me to pay anything at all, but my lack of judgment in hiring a lawyer that doesn't understand contract law should not have any bearing on the fact that you have stolen money from my pocket.

"My complaints will be withdrawn when you make me whole."
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:idea: Perhaps we should set up a POA Law School scholarship fund for Nick!
 
My understanding is that if they cash the check, it is evidence that they accepted the settlement (and will not damage my credit score, which is the most important item). I would have told them to pound sand except that they threatened to lower my credit rating if I didn't pay. Once this happens, I can squawk and complain as much as I want, but then the damage would be done.

It is interesting that they communicate by phone, rather than put things in writing or in email messages. The lawyer advised me to pay the $550.00 (down from nearly $1,000 they claimed), after I negotiated a lower settlement. He did not charge, but I owe him a cocktail at the club.

The final statement in their phone message is that "we're not going to lower the fees or anything like that".

How about if they agreed to refund my charges plus legal fees, I would withdraw the complaints?

How can I copy the message on my phone electronically before it auto erases? It is an old Motorola Razr.
 
Jim, what possible incentive do you have to withdraw the complaint other than to get your settlement money back? None that I can see.
 
Agreed. I had planned to send them another certified letter stating the same. I just wanted to be sure that somehow they can't cash the certified check I sent them, and still choose to damage my credit score, without some form of documentation.
 
In other words, even if I disputed their claims, they can still note this on the record while screwing my credit rating. I was wondering whether this was a violation of the Fair Credit Reporting Act....
 
AcroBoy said:
Surprisingly, I got a note from the SD AG, stating they were initiating an investigation. Then, today I got a call from the manager of Purco, (which I didn't pick up), asking how they wanted to proceed. On the advice of my attorney, I had previously sent Purco a check for the repairs plus a half day loss of use, which they had received and accepted.

They were asking me to drop the complaints against them.

Both the BBB as well as the South Dakota AG followed up on the complaints, and now Purco has to respond.

My points are:
I did not damage the car.
I was not offered an opportunity to inspect the car regarding the claimed damage.
The car was returned to their lot- it could have been damaged just as easily by one of their workers.
I was not offered two quotes for repairs.

Yet, my attorney pointed out that the least expensive way of resolving the issue was to negotiate with them (which I did from 4.5 days down to a half day loss of use, and forget the $100 "service charge".) A Colorado appellate court decision affirmed their right to charge for loss of use, and revealed that both Purco as well as the local Hertz franchise equally split any funds in excess of the amount needed for the actual repairs- in other words, it is a another means of generating income.

The Purco manager wanted me to withdraw the complaints, but why should I? I have it on my phone message that he has accepted the settlement that I sent him.

Just because I signed a contract stating that I was responsible for repairs, how can they prove that the damage did not occur in their lot after the return of the car?

Any other suggestions?
Click to expand...

Jim, did you get my e-mail? Summarized, I don't think that Colorado appellate decision is something you need to be terribly concerned over.

Also, you're correct as to the effect of them cashing your check - that's evidence that they accepted the deal. In some places, it would probably be conclusive evidence.

For their request that you withdraw the complaint, I'm with what everyone else is saying. It's the result of the company's own actions, they're stuck with the consequences.
 
Never did get the email, but thanks. Will send them another certified letter saying I also have contacted our local Fox affiliate and some of my associates at the FBI, and have provided them the records along with all of the names and dates of conversations with Purco. I would be glad to withdraw all of my complaints if they sent me a complete refund.
 
AcroBoy said:
Never did get the email, but thanks. Will send them another certified letter saying I also have contacted our local Fox affiliate and some of my associates at the FBI, and have provided them the records along with all of the names and dates of conversations with Purco. I would be glad to withdraw all of my complaints if they sent me a complete refund.
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I'll try to send it again - maybe check your junk e-mail? Sorry it didn't go through....
 
Can you send a PM via POA? I checked my email accounts but found nothing. Thanks for the help!
 
AcroBoy said:
Never did get the email, but thanks. Will send them another certified letter saying I also have contacted our local Fox affiliate and some of my associates at the FBI, and have provided them the records along with all of the names and dates of conversations with Purco. I would be glad to withdraw all of my complaints if they sent me a complete refund.
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I'd ask quadruple and a letter of apology and exoneration, or just don't bother and sue them all when the the results from the complaint come through.
 
Henning said:
I'd ask quadruple and a letter of apology and exoneration, or just don't bother and sue them all when the the results from the complaint come through.
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I concur with Henning..............

Let the investigation play out and then sue all of the guilty parties.

Hopefully they have cashed your check as that will make it felony fraud, and besides a payout to you ,they should get some ' behind the bars free food' . :D:D:thumbsup:

Can you say Bubba ??????

Ben.
 
Hi Jim N and all,
Earlier this month I rented a car from Hertz in Rapid City for less than two days. I was in my car almost all the time and made sure to park it safely and away from vulnerable parking spaces. I returned my car to their lot, which is open to public. I did not notice any damage. Few days later I receive a letter similar to what Jim mentioned in his first post followed by a call asking me "what happened?" I clearly mentioned that I did not sustain any damage to the car. After they forwarded the picture I was shocked, it took me 3-4 minutes staring at the picture looking for the damage. I finally found it, a small 3-4 inch diameter dent on the trunk and no paint was scraped off. I called them back and told them there was no way I was responsible for that damage it was hard to even spot and I never used the trunk. They sent me a letter rejecting my dispute of the claim and asking me to pay over a thousand dollars (including loss of 5 rental days) for something that can be fixed in less than a couple of hours with a tool you could get from any department store.

I decided to search online and found horrifying things about hertz and purco and how they are taking advantage of lots of people who did not sign for the insurance stuff. I am clueless as to how to proceed but honestly I do not want to pay for something I am not responsible for let alone for a fraudulent company. How should I proceed?

Jim, your advice is appreciated. Please PM me if you get a chance.

Thanks
 
It is a new and nasty world out there... I have not had a claim for 'damages' on the cars I rented, but I am learning from these discussions...
My new modus operandi will be to take pictures of the car from all angles before leaving the lot, and again take mucho pictures after returning to the lot...
Also take a picture of the odometer when leaving and another after returning - and absolutely a receipt for gas with the odometer reading written on it and held up in front of the odometer...
I carry a good camera so 'blurry' is not a problem for my pictures...
It is a shame we have come to this...

I do not totally blame the rental companies as they are constantly being ripped off by people who beat the crap out of their cars..

OTOH, the local franchises are abominable... I rented a car that I was assured had just had a 36 point inspection... Yes it had just been washed but it was dirty inside with food wrappers on the floor... Less than 20 miles down the road the oil light came on and flashed as I went around a tight curve... I pulled in to the next parking lot and checked the oil... There was not a drop on the stick... I had to walk to the Kroger store across the street and buy 4 quarts to put in to be able to drive their 36 point inspection car...
 
Send a complaint to the SD AG, which you can do online, Hertz corporate, and the BBB. It is a scam. Ask the SD AG about other cases similar in nature. Read the thread. I have some contacts in the FBI through my job in th Air Force, and have contacted them. You can and should negotiate.

Hertz corporate said it is a franchise in RAP, so not their responsibility, which is BS, since the Hertz name is on the counter.

They did cash my check, so I am waiting for the investigation to play out.nI also called our local Fox affiliate to investigate, and gave them all the names.

Again, it is a scam they play on out of state renters. There was an appellate decision in Colorado that revealed that Purco and the franchise split all profits beyond the actual costs of "repairs", so it clearly is a profit making scam.
 
AcroBoy said:
Send a complaint to the SD AG, which you can do online, Hertz corporate, and the BBB. It is a scam. Ask the SD AG about other cases similar in nature. Read the thread. I have some contacts in the FBI through my job in th Air Force, and have contacted them. You can and should negotiate.

Hertz corporate said it is a franchise in RAP, so not their responsibility, which is BS, since the Hertz name is on the counter.

They did cash my check, so I am waiting for the investigation to play out.nI also called our local Fox affiliate to investigate, and gave them all the names.

Again, it is a scam they play on out of state renters. There was an appellate decision in Colorado that revealed that Purco and the franchise split all profits beyond the actual costs of "repairs", so it clearly is a profit making scam.
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That cashed check is their ticket to jail on a felony fraud charge, and extortion, and ..................

Push this issue as far as you can..

Ben
 
AcroBoy said:
Hertz corporate said it is a franchise in RAP, so not their responsibility, which is BS, since the Hertz name is on the counter.
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Legally, they're right. They don't bear legal responsibility for a franchisee.

That said, headlines like the title of this thread, regardless of legal responsibility, tarnish their brand, which in reality is the entire value of the Hertz company...so a threatened PR war could well have them exert some influence on their franchisee.
 
I told them that I did not cause the damage and it might have been before or after I returned it since their hertz parking lot is public and unmonitored. I also explained that the dent is a lot less costly and did not require over a thousand dollars and more than a week of lost rental. They took 150 dollars off like they were negotiating, I told them it doesn't make sense and that I will still file complaints and possibly take this legally. They essentially told me to bring it on and that the supporting documents are all there, they will also "respond to all claims."
 
You got the first call. I would wait until the second call, say you had the photos evaluated at a body shop, and offer them 100 for repairs, and half a day's loss of use. The woman there said" this isn't let's make a deal". My wife said, in that case, you do what you need to do, and so will we. When they called again, I offered them: damage repair, one day loss, and no service charge. Ultimate check they got was for damage, half a day rent, and no service charge, which they cashed right away. I was clear in the letter that it was a settlement, but I still denied damaging the car or being responsible for any damage claims. They asked me to drop the complaints at the BBB and SD AG, which I said I would be glad to do upon receipt of a check for the full amount. Jamie, the Purco manager, tried to call me back, but I chose not to answer. I preferred to communicate in writing only, which of course they do not like to do. All of my communications with them were in writing, and sent by certified mail with a return receipt. Good luck. You should have more success negotiating on their second call.
 
Dr. O said:
It is a new and nasty world out there... I have not had a claim for 'damages' on the cars I rented, but I am learning from these discussions...
My new modus operandi will be to take pictures of the car from all angles before leaving the lot, and again take mucho pictures after returning to the lot...
Also take a picture of the odometer when leaving and another after returning - and absolutely a receipt for gas with the odometer reading written on it and held up in front of the odometer...
I carry a good camera so 'blurry' is not a problem for my pictures...
It is a shame we have come to this...

I do not totally blame the rental companies as they are constantly being ripped off by people who beat the crap out of their cars..

OTOH, the local franchises are abominable... I rented a car that I was assured had just had a 36 point inspection... Yes it had just been washed but it was dirty inside with food wrappers on the floor... Less than 20 miles down the road the oil light came on and flashed as I went around a tight curve... I pulled in to the next parking lot and checked the oil... There was not a drop on the stick... I had to walk to the Kroger store across the street and buy 4 quarts to put in to be able to drive their 36 point inspection car...
Click to expand...

The pictures idea is a good one; include the VIN # in your picture set, lest they swap in a beat up model of the same color you rented.
 
I just filed complaints at the BBB and SD AG. I am also looking for an attorney, I would rather pay ten times that amount for an attorney then pay them a single penny for damage I have not caused. They are taking advantage of people. Just curious, what happens if I decide NOT to pay their fee at all? Can they mess up my credit score?
 
AcroBoy said:
You got the first call. I would wait until the second call, say you had the photos evaluated at a body shop, and offer them 100 for repairs, and half a day's loss of use. The woman there said" this isn't let's make a deal". My wife said, in that case, you do what you need to do, and so will we. When they called again, I offered them: damage repair, one day loss, and no service charge. Ultimate check they got was for damage, half a day rent, and no service charge, which they cashed right away. I was clear in the letter that it was a settlement, but I still denied damaging the car or being responsible for any damage claims. They asked me to drop the complaints at the BBB and SD AG, which I said I would be glad to do upon receipt of a check for the full amount. Jamie, the Purco manager, tried to call me back, but I chose not to answer. I preferred to communicate in writing only, which of course they do not like to do. All of my communications with them were in writing, and sent by certified mail with a return receipt. Good luck. You should have more success negotiating on their second call.
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Don't follow this advice. If you didn't cause the damage, fight it all The way. The more people that bend over and pay, the worse it gets for everyone.

For gods sake, someone grow a pair and say "no."
 
They are a collection agency, and can damage your credit rating, without recourse. An attorney will cost more than they are asking for the damages, which is the beauty of their scam.
 
AcroBoy said:
They are a collection agency, and can damage your credit rating, without recourse. An attorney will cost more than they are asking for the damages, which is the beauty of their scam.
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That's not entirely true. When a scam of this magnitude gets exposed and the collection agency is shown to be a willing participant ,all parties can be charged with the RICO act and all damages and legal fees you incur are recoverable. And if the AG determines Hertz is/was made aware of a criminal and ongoing extortion scheme and they don't do anything at the corporate level then they too will be a named party.......

For instance...
Say my name is "bubba" Wright and I sell unsafe eggs to my friend and close business partner, "willie" Albertsons. And it is proved Willie knew the eggs were unsafe and sold them anyway to help "bubba" unload his inventory. Chances are high "willie" is going to have a cell mate named "Bubba"..... :hairraise::fcross::D

I am just saying....

Ben.
 
For grins I just Googled "Hertz false damage claims". Came up with almost 92k hits.
Can anyone say class action?
 
Yes, I would like to fight this. However, my attorney advised me to pay something (ended up being half of what they wanted), since the damage to the credit rating can be significant. He cited a personal experience where a CC company claimed two charges on a card that he had canceled, and although he disputed the charges, it dropped his credit score from 790 to 650. Again, this is the beauty of their scam- it costs more to fight than to pay. However, it still is a scam.
 
If they falsely damage customers' credit scores, can they be successfully sued for libel?
 
AcroBoy said:
Hertz corporate said it is a franchise in RAP, so not their responsibility, which is BS, since the Hertz name is on the counter.
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That is sad, corporate responsibility at Hertz has dropped a long way in 30 years.
 
Henning said:
That is sad, corporate responsibility at Hertz has dropped a long way in 30 years.
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Agree- This thread will cause me to use another car rental than Hertz, although they all probably do this.
 
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