From grog@lemis.com Wed Jan 18 15:44:03 2006 Date: Wed, 18 Jan 2006 15:44:03 +1030 From: Greg 'groggy' Lehey To: Denise Fogasavaii Cc: Chris Adams Subject: Re: AVIS rental agreement IT00886991009 On Wednesday, 18 January 2006 at 17:24:56 +1300, Denise Fogasavaii wrote: > Dear Mr Lehey > > Thank you for contacting us in regards to your above rental. Please > accept my sincere apologies for the delay and also for the > inconvenience that this has caused you. > > Please be advised that we have received a response from our > counterparts but I have re-emailed to them to dispute the extra > charge on the excess as they are only willing to refund the amount > of 150.48EUR which you would have received in your account as of > today. You told me that you would forward this information. Given that nobody has stated why these charges were made in the first place. this is a completely inadequate response. The fact that you continue to mention the word "excess" suggests that you have not read the document. > I understand the frustration but we are still disputing the whole > charge of the excess on your behalf as soon as I have more > information I will be in touch directly. THERE WAS NO DAMAGE. Thus no excess is applicable. Please read my letter (which you have attached but apparently not read), and answer EACH OF THE 4 POINTS. In particular, I have an invoice from AVIS Australia for many disputed sums. With this invoice, you have assumed responsibility for justifying the charges. But you have not justified them in the 40 days since I made my complaint, and you state above that you are still unable to do so. You must therefore refund the money until such time as you can do so. I am very dissatisfied with everything that AVIS has done, including this reply, which seems to have been sent without taking trouble to understand the issues. I will now take the following steps: 1. I have notified ANZ credit cards of a dispute in the sum. 2. On the advice of the Bureau of Consumer and Business Affairs, I shall wait for ANZ's response before continuing with further measures. As mentioned in the letter which you attached, I shall invoice the effort that you have caused through your incompetence. 3. I am keeping a log of this sorry affair at http://www.lemis.com/avis.html. A log of today's events will be posted there tomorrow. None of these in any way absolve you of the legal requirement to justify any claims over and beyond the contract which we have. Greg Lehey On Friday, January 13, 2006 5:47 PM, Greg 'groggy' Lehey wrote: This time has been falsified. This message was sent at 15:16:54. > On Friday, 13 January 2006 at 17:08:57 +1300, Chris Adams wrote: >> Good afternoon Mr Lehey >> >> Please accept my apologies for not supplying the attachments as >> advised. I have now attached a copy of the original invoice as well as >> the WORD document showing the changes since their amendment to the >> charges. > > Thank you. From the attached PDF of the invoice, I note: > > 1. It is issued by AVIS Australia. You have therefore assumed > responsibility for these charges which, as you state, you are > unable to explain. You therefore have no legal grounds to refuse > an immediate refund. Please refund all sums except for the agreed > Euro 112.82 (in other words, the sum of Eur 562.16, less any sum > you have already refunded). If you can explain them at a later > date, you may pursue legal remedies. > > 2. The invoice is for two days; I only had the car for one day. The > invoice claims a return at 07:59 on 2 December, at which point I > was in Perugia. I assume that this is the result of your staff not > being present during agreed opening hours at two different > locations; presumably they only found the car on the following > day. This is not my responsibility, and I am not prepared to pay > for it. > > 3. The invoice includes significant charges for "accident repairs". > Given that the vehicle was returned in the same condition in which > I received it, and that you have not been able to describe any > damage, it is dubious whether in fact any damage was done. In any > case, given the breach of contract on your part (absence of your > personnel from the return point), it is up to you to prove any > damage. > > 4. The invoice also includes an airport surcharge. I am not prepared > to pay this either: as already stated, I had to go to the airport > because there was no reply from the agreed drop-off point. > >> The contact email address for the Customer Service Department in Italy >> is as follows. >> >> itcsdept@avis-autonoleggio.it > > I didn't ask for an email address; you have confirmed that this does not get > any results. I had wanted a physical address for delivering legal > documents. But since the invoice has been issued by AVIS Australia, this is > not longer necessary. I hold AVIS Australia responsible. > >> As I am now on Annual Leave, I have copied Denise Fogasavaii (my Lead >> Agent) into this email as she will continue pursuing this matter on >> your behalf. > > Denise, I intend to take legal action immediately. I shall also dispute the > credit card deduction with my bank and investigate criminal charges against > AVIS for fraud. If you refund the disputed amount within the next couple of > days, you may be able to avert significant costs. It should be clear that > there is no way that AVIS can justify these charges. > > Starting immediately, I shall also claim compensation for the time that it > has cost me to investigate this problem. I will charge my consulting rate > as stated at http://wwww.lemis.com/grog/ for all further trouble that you > cause me. > > Greg Lehey > -- > Finger grog@lemis.com for PGP public key. > See complete headers for address and phone numbers.