when budget called me about 3 months ago before i got the dealer involved... i asked the service manager if i could see my complete file... he pulled out a thick manila folder... i went through the entire file and no budget car agreement was found (i didn't tell him what i was up to). i then asked the service manager if he knew where the budget rental contract was... and he stated, if one was signed by the dealer it would be in the file... no where to be found.

i wonder if the budget agent/rep was too busy that morning and dealt with the dealer on a regular basis... then promised to get the agreement to the dealer later in the day, etc... and it never happened?? who knows why no agreement can be provided... unless as i believe... one does not exist.

 

If this statement (made by the Budget rep) were true, I'd ask him just exactly where does it say (on your contract) that your responsibility for the rental car you were given is retroactive?

 

Than, that's to your advantage.

 

~ to all that have replied thus far... many many thanks...


please continue to make any suggestions... i can't begin to tell you how frustrating this matter is...

 

If I remember my Business Law from College and by no means am I a lawyer, contracts have to be specific. There has to be a "meeting of the minds" "the Agreement" & "Consideration". Since the keys were just handed to you there was no "meeting of the minds" you did not sign anything so there is no "Agreement" and you did not agree to pay for anything and did not pay for anything, so there was no "consideration" given. I believe like others here have stated, the dealer who is the customer at this point and the rental rep dropped the ball and are trying to bag you for it. You cannot / should not be held responsible for something that you never acknowledged or were asked to be responsible for.

 

True. Andrew, I'm no lawyer either, but I do have a Master's degree in Criminology - which required a lot of law study. Since you signed nothing and essentially agreed to nothing - you are not responsible. Had you signed a contractual agreement, you may have been. However, since you did not, the fault lies with the dealer.

 

There is the key, right there in bold Andrew. You were not offered the opportunity to accept or decline the coverage. It is THEIR obligation to present the choice to you, thereby making you responsible for the consequences of your choice. Unless they can prove that you declined the coverage (they can't), then they are S.O.L.
Plus, they say that "our contract clearly states". Well, what contract is that? The one that you did not sign? The one that you were never given a copy of?
There is no way they can win this.

 

just a quick update...

budget rental car has made no further contact since i inquired/requested a copy of the rental car agreement/binding contract (that doesn't exist). they stated if they could locate it... it would be faxed to me... no fax ever arrived.

in addition... last week a certified letter has been sent via my attorney to budget rental car... putting them on notice in regard to sending me to collections and jeopardizing my credit rating, lack of contract, etc.

will keep all up-to-date. thanks again for everyone's input.

cheers,
andrew

 

Nope, I haven't contribute any input yet.

Andrew, sorry to hear about this and more sorry that it has been some while period of time before I read this.
Reading from the start, "Budget" was just pointing you to the direction they want you to go. But the fact is, the direction are pointing back at them.
Documents and documentation are vital especially in business which they have none to hold against you and that's their weakest link.
But of course, am telling you what you already knew.

No point telling you to be strong since you ARE strong. So...stay strong.

Now, I'll accept your thank you.

You are welcome.

 

andrew,

I suspect the letter from your attorney will be enough to dissuade them from hounding you any further. I had a problem with an insurance agent who notified me that he would have to switch me to a higher insurance because the law and I couldn't agree on the posted speeds and that the rate would be 4X of what I was currently paying so told them to pull my policies. I was done with them and would find another insurance company. Well six months latter I get a letter from the insurance company saying they were turning me over to a collection agency so I went to a lawyer and had him send them a similar letter; the problem went a way without any mark on my credit report.

 

Would it be possible to take Budget to court and if they damaged your credit in any way?

 

Andrew - Thanks for the update, I would hope that you are in the clear at this point. Good to talk to you and look forward to meeting you in person in July.

Pat

 

~ no response from budget thus far... since the letter was sent via my attorney... (fingers crossed/knock on wood/etc).

 

Good luck, but I you can put a fork in this on now. I doubt Budget will take it any further. I think their last letter to you was just a last effort try to see if you would pay.