Enterprise roof damage claim dispute - how to proceed

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Feb 25, 2017
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#1
We rented a car from Enterprise in Jan, we had no experience that time so we did not take close pictures, it was in a dark garage and the staff was impatient there, we pointed out some small scratches around the lower part of the car, but she insisted that only scratches bigger than 2 inches mattered. Later on when we returned the car, it was in a well lighted place, and the staff pointed that there was a small dent on the roof, it was a white car, and we could not see the dent because of the light reflection, I even touched the place, it felt nothing. We talked to the manager, he said they would check if the dent was there before, and then let us go.

A few weeks later, we received the damage claim from Enterprise, we searched online and found this forum, and then we sent an email with the list of requested documents shown here (http://forum.elliott.org/threads/how-to-deal-with-a-car-rental-damage-claim.1514/), we even called the customer service and the reply was the Enterprise damage recovery unit (DRU) would sent us the documents we wanted. Later on, we only received estimated bills, a messy picture showing the roof of the car (from the picture, the roof looks all good), and letters asking for payment (It is $1530!!). It seems like they want to replace the whole roof and airbags.

We contacted the credit card company, and they requested incident report to process our claim, almost at the same time the lady from DRU who is handling our case called us, I told her we needed the incident report (I also sent an email to her and ask her to check the email over the phone), but she didn't reply to me but just emailed back another letter saying we had to pay in 10 days! Obviously she ignored my request and just wanted money. This really get me on nerve. Before I was thinking if she sent us the incident report we would just let the credit company to handle it and saved us troubles, but now we want to dispute and drop this case. So I would like hear any advice from you guys.

Here is what I am going to do:
1. Keep sending emails asking for the long list of requested documents, if not receive, we won't pay.
2. Argue that the estimated bill does not make sense (it replaces the whole roof and airbag).
Is there any other things we can use to protect ourselves? Also, anyone knows what happen if we do not pay in 10 days? Thanks much for your advice!!
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,658
12,680
113
New York
www.promalvacations.com
#2
You move up the executive chain using our contacts weekly stating you have requested items that are necessary to prove you did not cause the damage and that they have not complied and that you will dispute and charges they try to place on you.
 
Likes: jsn55
Feb 25, 2017
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#3
You move up the executive chain using our contacts weekly stating you have requested items that are necessary to prove you did not cause the damage and that they have not complied and that you will dispute and charges they try to place on you.
Hi Neil, Thanks for your quick reply! Two more questions: Do you have any idea how long does this type of dispute process take roughly? and how much chance do people usually have to win such a dispute? Thanks again for you time and advice!
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
12,658
12,680
113
New York
www.promalvacations.com
#5
If you wait our recommended week in between contacts, it would normally take as many weeks as there are executives. As Sas says, it can take much longer.

That advice has been very successful so sit tight and keep going. If you go all the way up the chain and they don't drop it, then we refer it to the writers.
 
Feb 25, 2017
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#7
If you wait our recommended week in between contacts, it would normally take as many weeks as there are executives. As Sas says, it can take much longer.

That advice has been very successful so sit tight and keep going. If you go all the way up the chain and they don't drop it, then we refer it to the writers.
OK, Thanks a lot!!
 
Feb 25, 2017
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#8
If I recall correctly, we had one case where it took 16 weeks, and a fair amount of interaction, for them to drop the case.
Just be patient, persistent and keep asking for the documentation.
One more question: Since Enterprise already put a 10day payment due on me, I googled it online, one said Enterprise would use collection agent if I keep asking for documents without payment. Does this happen to you in your case?
 
Feb 9, 2016
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#9
From what I understand, they end up turning it over to the DRU (Damage Recovery Unit) and the damage recovery unit looks and acts as if it IS collections, in an effort to emotionally blackmail you into thinking you better pay or your credit will take a hit. I am under the impression that, in order to really turn the matter over to collections, where it appears on your credit report, they would need your social security number.

Your contract contains a clause for arbitration, or mediation, in terms of any disputes that arise. Check the contract (or google) and figure out which one it is. You should make politely clear in your correspondence that you are doing everything possibly to remedy this situation and, should you and Enterprise become unable to solve the matter between yourselves, you wish to have the matter turned over to mediation/arbitration. This will alert them that, not only are you paying attention (therefore they cant turn you over to collections simply) but you are opting for a different resolution than collections.

You should also mention that, should they turn you over to (real) collections, you require them to also note that you actively dispute this charge. That ways creditors that see this understand that it isn't a bill you are ignoring, and that there is ongoing activity surrounding the situation.

If they did turn it over to real collections, they would have issues explaining how they got your social, etc. anyways.
 

johnbaker

Verified Member
Oct 2, 2014
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#10
@Jonathan Ho Make sure that you send them back something in writing that states that you dispute that you owe them any money and are invoking all of your rights under the Fair Debt Collection Act (https://www.consumer.ftc.gov/articles/0149-debt-collection).

You might also add that you consider that matter closed until such time as they provide the requested documents. If they proceed, they will be required to present said documents as part of any legal case. (At least that's what Joe used to say)
 
Feb 25, 2017
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#11
From what I understand, they end up turning it over to the DRU (Damage Recovery Unit) and the damage recovery unit looks and acts as if it IS collections, in an effort to emotionally blackmail you into thinking you better pay or your credit will take a hit. I am under the impression that, in order to really turn the matter over to collections, where it appears on your credit report, they would need your social security number.

Your contract contains a clause for arbitration, or mediation, in terms of any disputes that arise. Check the contract (or google) and figure out which one it is. You should make politely clear in your correspondence that you are doing everything possibly to remedy this situation and, should you and Enterprise become unable to solve the matter between yourselves, you wish to have the matter turned over to mediation/arbitration. This will alert them that, not only are you paying attention (therefore they cant turn you over to collections simply) but you are opting for a different resolution than collections.

You should also mention that, should they turn you over to (real) collections, you require them to also note that you actively dispute this charge. That ways creditors that see this understand that it isn't a bill you are ignoring, and that there is ongoing activity surrounding the situation.

If they did turn it over to real collections, they would have issues explaining how they got your social, etc. anyways.
Thanks for sharing the experience!!
 
Feb 25, 2017
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#12
@Jonathan Ho Make sure that you send them back something in writing that states that you dispute that you owe them any money and are invoking all of your rights under the Fair Debt Collection Act (https://www.consumer.ftc.gov/articles/0149-debt-collection).

You might also add that you consider that matter closed until such time as they provide the requested documents. If they proceed, they will be required to present said documents as part of any legal case. (At least that's what Joe used to say)
Thanks for the reply!

I've emailed to the several Enterprise contacts, and just called DRU, and they said they could not provide the requested documents listed in (http://forum.elliott.org/threads/how-to-deal-with-a-car-rental-damage-claim.1514/). Sounds like even if they had them, they won't give them to you. And they promised to check previous records to see whether the damage was there before. I just don't understand why they not doing that before they sent out the damage claim.
 
Feb 9, 2016
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#13
Thanks for the reply!

I've emailed to the several Enterprise contacts, and just called DRU, and they said they could not provide the requested documents listed in (http://forum.elliott.org/threads/how-to-deal-with-a-car-rental-damage-claim.1514/). Sounds like even if they had them, they won't give them to you. And they promised to check previous records to see whether the damage was there before. I just don't understand why they not doing that before they sent out the damage claim.
They will have to pony up all those documents when you go to mediation.

You should be emailing the dru, not calling.

As a matter of fact, email that person you just spoke with and follow up and clarify the conversation "I asked you for this list of documents and you stated you refuse to provide them for me, correct?"

the reason they don't check them beforehand is because they are trying to make you pay for something you didn't do. THAT admission, that they didn't review documentation to ensure the damage wasn't pre existing, would have been GREAT to get in writing.

Put that note as well in your follow up conversation clarification email.

Be sure to stick to email! You are going to need a paper trail.
 
Likes: jsn55
Feb 25, 2017
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#14
They will have to pony up all those documents when you go to mediation.

You should be emailing the dru, not calling.

As a matter of fact, email that person you just spoke with and follow up and clarify the conversation "I asked you for this list of documents and you stated you refuse to provide them for me, correct?"

the reason they don't check them beforehand is because they are trying to make you pay for something you didn't do. THAT admission, that they didn't review documentation to ensure the damage wasn't pre existing, would have been GREAT to get in writing.

Put that note as well in your follow up conversation clarification email.

Be sure to stick to email! You are going to need a paper trail.
Thanks! But DRU never replied emails, they call you instead, that is annoying.
 
Jan 8, 2015
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#15
Thanks! But DRU never replied emails, they call you instead, that is annoying.
When they call you just let them know that you will speak to them by email or written letter only and that you are giving them notice that they are not to call you. If need be, let them know that you are recording the conversation. (especially if you lie in a state that requires such notification) They will get the hint.
 
Likes: jsn55
Jan 8, 2015
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#17
ummmm. I don't think you should "lie" in any state. LOL
In many states you can record a call with one party consent. It isn't a lie to not inform them and it isn't a lie to inform them that you are recording. I don't know of any smart phones these days that don't have an app available for recording calls.
 

JVillegirl541

Verified Member
Nov 21, 2014
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#19
Hang up the phone!!!!! You need and email chain of proof you tried to move heaven and earth to resolve this. By phone it becomes your word against theirs.