# Rental Car Damage Dispute — Pre-existing Scratch
Date: 19 October 2026
Legal context: England and Wales - fictional worked example; overseas acceptance must be checked where relevant
Parties and reference: Customer: Daniel Ward, 11 Example Gardens, Oxford. To complaints team, Example Car Hire Ltd, 5 Example Rental Way, Oxford. Rental EXAMPLE-RENT-1002, vehicle EXAMPLE-CAR-7, collection 2 October and return 5 October 2026.
## 1. Charge and position disputed
Your 9 October notice attributes a rear-bumper scratch to my rental and charges £480 repair plus £60 administration, total £540. I dispute causing this damage. My original photographs taken at 09:18 on 2 October before leaving your Oxford site show the same scratch beside the left rear reflector. The collection form marked no damage, but the photograph evidence must be assessed rather than treating an unmarked form as conclusive. I enclose copies and will preserve the original files and metadata.
## 2. Inspection and cost evidence sought
Please provide the signed collection and return condition reports, time-stamped before-and-after images, the inspection time, when the vehicle was next moved or hired, and the contractual basis for each charge. Explain why you say the scratch is new and provide the repair assessment or invoice and justification for the administration fee. An agreed excess is not automatically proof of damage or a fixed sum payable regardless of actual contractual loss. I do not assert that repair work must always have been completed before any properly evidenced lawful charge can be made.
## 3. Deposit accounting and refund sought
The original card preauthorisation was £600. Your statement and my card record show £540 captured on 12 October and the remaining £60 released, with no continuing hold. I therefore seek reversal or refund of £540, not an additional £600 deposit refund. Please withdraw the damage allegation or explain contrary evidence and correct your ledger. If another hold or charge exists, identify it separately with its date and amount; the undisputed rental price is not part of this claim. Refund through the original payment method once agreed.
## 4. Response, consumer rights and ADR
Please respond by 2 November 2026, a requested complaint date, with the evidence and proposed remedy. Relevant Consumer Rights Act 2015 requirements include reasonable care and skill and fair, transparent terms; they do not automatically invalidate every damage charge. If you maintain your decision, give a final written position and details of any ADR scheme covering this company and dispute, including membership and participation requirements. A BVRLA or other scheme is available only if its eligibility rules are met, not because every hire business belongs.
## 5. Card dispute and preserved rights
I may contact my card provider promptly about a chargeback and ask whether section 75 of the Consumer Credit Act 1974 applies to the underlying transaction. These routes have different eligibility, evidence and time limits; neither is guaranteed and an incidental damage amount alone does not establish section 75 eligibility. I will disclose any recovery to avoid double payment. This letter does not suspend card or court deadlines. Signed Daniel Ward, 19 October 2026; daniel.ward@example.com. Please communicate securely and do not request full card credentials by email.