Car hire deposit row in Spain

LAST UPDATED: 31 Dec, 2012 @ 07:46
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Car hire deposit row in Spain

EXCLUSIVE by James Bryce

A BRITISH holidaymaker is suing a car hire company after claiming to have had his deposit withheld for damage he did not cause.

Policeman David Evans, 50, from Manchester, rented a vehicle from Costa del Sol-based Brian’s Rent a Car during a week-long holiday in Fuengirola.

But despite claiming to have returned the car in the same condition, Evans says he has had his €300 deposit withheld and a further €122 taken from his card since returning to England.

“The company claimed the seat had been damaged by the arm rest being wrenched out of the seat and thrown into the footwell of the car, which is nonsense,” Evans told the Olive Press.

“It was already broken when I picked up the car.

“Then when they finally contacted me at home they were quite abusive. I can’t believe they can behave in this manner.”

Evans continued: “If this stops other people getting in the same situation then I’ll be happy.”

But Brian’s Rent a Car boss David Ballard denies the accusations, insisting the seat was not damaged when Evans took the car.

“We would not rent out a vehicle that was in a bad condition,” Ballard insisted.

“We did everything we could to contact the client straight away after the vehicle had been returned and we would never keep a deposit without proof of damage.

Evans however, is not the only client to complain.

Several others have accused the company, based in Benalmadena, of withholding money for damage they claim not to have caused.

One Gavin Johnson, from Manilva, claims his deposit was withheld despite the firm cancelling the booking at late notice.

Johnson had a deposit of €250 withheld due to a dispute over alleged damage (a scratch on the paintwork), after Ballard insisted Johnson had left it too late to complain.

The case went to arbitration through Spanish consumer watchdog OMIC, who ruled the case can only be dealt with through the courts.

Johnson is due to meet with Spanish police this week to discuss the issue.

Meanwhile, Stefan Hermes had his deposit taken and not returned despite never having taken delivery of a car.

It came after the firm cancelled the booking at the last minute.

“There are several disputes we have had with clients and they are all liars,” Ballard added. “We would never con a client in a million years.”

99 COMMENTS

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  1. Mr Evans you ignore the truth and spend your life with fictitious postings to support your claim because it costs you nothing and we can not sue you.
    We have 120 cars with many assets and yet you will not take us to court to prove your case and justify the lies you post. We have the photos and accounts to prove our case.
    People like you that damage hire cars and refuse to pay the costs involved put small companies out of business in your case you claimed back the deposit by telling lies to your credit card company so in fact we lost the cost of repairing the seat your damaged.
    The posts you had illegally put on trip adviser were all removed because they found they all had your IP address .
    Please take us to court to prove you are not playing games and telling lies.

  2. Mr Evans most of the posts from Tripadviser are from you or your friends under false names.
    The new Berlinger you and your father damaged has all the proof we need with the contract you signed showing no damage and the photos when you returned the car damaged.
    You claim to be a police man and you signed the contract to verify there was no damage at the point you took the car and then claimed the driver seat was broken before you took the car and signed the contract.
    You change your story at each stage of the dispute.
    Please email us your address in England and your police identity no.

  3. Mr Ballard. I won my claim against your company and compensation !
    Therefore why would I take a case to court that I have already won ?
    You have my e-mail address, home address and contact telephone number on the contract and booking documentation. No legal documents or evidence of any kind have ever been sent to me or my address, that is a total lie, but only one of many .
    You state you have served court papers to my address relating to my hire 2 years ago ? As my hire with you was in sept 2012 so how can that be ?
    Be a good idea to check your facts before posting as it is making your company look a little silly isn’t it.
    I am only one of the very many upset customers you have unlawfully taken money from.
    As you are aware I have reported your actions to the Malaga cyber crime police. As have others, so it would be helpful for you to post you company address, any decent company would agree to that, WHY NOT YOU ?
    I have not been blocked from trip advisor on my IP address,there are comments on there about your company from me and many many other people who have had the misfortune of dealing with you.
    The Royal Bank of Scotland reviewed the contract and came to the conclusion we were in the right . You refused to provide evidence to them,
    So in conclusion everyone can see your unreasonable behaviour and refusal to print your address as some kind of refusal to engage customers reasonably to discuss their problems with your company leading to my view that you are a small company with little or no assets because otherwise people would be able to write to you instead of just being screamed at down the mobile you use.
    Mr David Evans

  4. The deposit was refunded to you by your credit card company because you told them you did not sign the card which was a lie, we are still proceeding with our claim against them and have sent the signed slip and contract to them.
    Another pack of lies from them.
    The contract has your fathers address ,please confirm it is yours.
    The people reading your sick story can only see the type of man you are and our clients feel sorry for you

  5. Mr Ballard, you are well aware of how to contact me , the problem remains you can not be contacted and you still refuse to print your office address !
    You lost your claim against us because you told lies and could not back it up with any evidence.
    The statements you have made on public forums ( most removed because of foul and abusive language ) are nothing compared to the texts you sent in an attempt to frighten and bully pensioners into paying for damage they did not cause, you are a disgrace, your actions show you are a small company with little to loose , no reputable company would behave as you have.
    I will support anyone who has a problem with your company knowing how you treat your customers, you tarnished reputation is well deserved.
    Mr D Evans

  6. Mr Ballard,
    You know how to contact me, you have all the details you need, mobile, email . Landline number and address, so stop creating smoke and mirrors and print your New office address so others who have complaints can get in touch with you.
    You lost your claim with me but there are many others you refuse to speak to and you won’t provide any evidence, you just withhold deposits unlawfully.
    No reputable company would behave as you do, your tarnished reputation is well deserved, I hope others reading about your company avoid you at all costs
    As others have said on this thread your well known in the area as a rip off merchant, you are doing nothing to change that view in my opinion.
    Mr D Evans

  7. Mr Evans: Move on, sort it it through the LAWS of Spain and end it. Comments on the OP do not affect a business as the audience is too small. Man up and get on with your life. Bad businesses exist everywhere, you’re coming across as petulant and childish. As with Murphy’s law, sometimes you get a bad deal in life but the key is to move past it as soon as possible. The numbers in this case are pathetic, it’s your ego that’s damaged and you can’t let go. I just hope Mrs Evans doesn’t have to listen to the perceived injustice on a daily basis.

  8. Hi Michael,
    Yes I agree, you do have a point, the problem is that if everyone just rolls over then people who take advantage like Briansrentacar and Mr Ballard win hands down every time. It’s a nice little earner isn’t it.
    Bad businesses do exist everywhere I agree but not many who consistently behave like Briansrentacar.
    In relation to the comments that the olive press audience is too small to make a difference, well you are reading it !
    The numbers you describe as pathetic were over 400 euros may sound pathetic to you but not to my pensioner parents.
    So as with Anna, if you have nothing useful to say, better saying nothing.
    Mr Evans.

  9. Mr Evans if you signed a contract showing no damage and then claimed the damage was existing when you returned the car there is no court in the world ill support you and if you are involved with the Police you should have known better.
    End of subject

  10. Obviously the two posts from Michael and sylvia are both linked and probably initiated by Mr Ballard. No worries the story is out there now and people can make thier own decisions if the rent from Mr Ballard or not. My advise is still the same. Avoid at all costs.

  11. I am a solicitor and deal with hundreds of car hire disputes.
    Briansrentacar is no different to any other car hire company in that they charge for damage and or associated costs relating to the hire contract.
    I am disgusted that the olive press ran your story without proving the facts from both sides and any other claimant regarding deposit disputes.
    Mr Evans you signed a contract providing a security deposit to cover the terms of the hire.
    Briansrentacar say they have your signed contract showing the disputed damage was not shown by you at the time of hire. You do not dispute the damage your claim is it was present on the vehicle when you hired.
    You are legally and morally obliged to pay the cost involved.
    Secondly you proudly boast you have claimed back from your credit card,

    credit card companies do not and can arbitrate in disputes, they merely act on your instructions.
    All car hire contracts have an arbitration clause in the case of disputes giving the court the arbitration jurisdiction , normally Spanish if the contract is in Spain, your action to claim back to your credit card is in breach of your contract and therefore fraudulent.
    The Olive Press run the story on the basis of several claims regarding deposits but have no evidence from any court verifying the claims.
    Most hire companies have approx 3 percent contract disputes and Briansrentacar are no different to other companies but have been singled out on your insistence to the Olive Press which is truly wrong.
    The other people condemning your daily posts on the Internet are correct you only show yourself to be a very vindictive person with no correct proof.
    Thomas Chambers

  12. Hi David,
    it’s important that you have put all the info online that others can see and so stop themselves from getting screwed as well.

    Bad reviews on forums are very effective in costing bent businesses a lot of money. I’m active on many audio forums and consistent negative comments have closed down quite a few cowboy operations.

    Just who is this Michael character, do we know – man up – you mean be a coward and back off, we all know from history what that mentality creates – David Evans is’nt going to do that – it’s you who needs to ‘man up’.

  13. Mr Chambers. If you have a problem with what the olive press printed then it may be a good idea to speak to them. You do not have the fact to hand unless you are acting on behalf or briansrentacar. And if that is the case it is not ethical to comment publicly on a case you may be involved in.

  14. Hi Mr Crawford,
    You are correct I don’t want to see others disadvantaged by Brians rent a car, my main concerns are the tactics they employ to try and bully people into just accepting what they say with no evidence what so ever.
    I am aware of 20 complainants, yes that’s correct Twenty, on several forums, who have the same issues as me, only one other has managed to retrieve their deposit.
    That by my calculations is 18 customers at 300 euros each, 5400 euros.
    I have no idea who Michael is or Sylvia who posted within an hour of each other but I do find that suspicious . And also the solicitor who offers opinion without facts, all very strange.
    I have no interest in causing Brians rent a car to close down and would invite them to contact me on the telephone number they have should Mr Ballard wish to discuss this matter with me personally.
    Mr Evans.

  15. There is the contract signed by Mr. Evans showing the driver Seat was not damaged at the time they took delivery of the car.
    There aré the photos of the driver Seat broken on the day the car was returned.
    There aré the repair bills.
    There aré recorded telephone calls minutes after the car was returned to the friend in Spain who had originally arranged the hire.
    He knew the Seat had been broken by Mr Evans.
    There is Mr Evans statement he has claimed back the contractual deposit from his crédit card.
    There are the contract conditions signed by Mr Evans stating in the case of a dispute the Spanish court will have juridication and no other party
    We have. all the evidence required and should anybody want a copy please email us.
    Mr Evans chooses to ignore the law and spends most days posting his illegal point of view.
    He had the choice to protected his father with CDW insurance in case the car was damaged and should feel obliged to pay the cost of repair.
    We do have a percentage of clients that do not take out CDW insurance and then try to avoid paying the repair cost but no more than other car hire companies.

  16. Mr Ballard,
    You have been advised before about offering contractual documents to third parties containing private details via email to anyone who wants them.
    Your foolish comments don’t seem to have any limits !
    It’s a direct breach of the data protection act .
    Any decent company would know that.
    I would be obliged if you would print you office address as I will then serve your company with legal data protection documents so you can fully understand the consequences of your proposed actions.
    Regards
    Mr David Evans.

  17. Well having had time to consider all the rubbish Mr Ballard has posted to date the facts remain.
    A company reluctant to put into print where they trade from ? Very strange !
    A company that refuse to abide by their own contract in relation to Spanish courts to prove a case!
    18 Customers still out of pocket to the tune of 300 euros each 5400 euros in total.
    Mr Ballard step up to the plate. PRINT YOUR ADDRESS.
    Or at least ring me . You have my mobile landline and email.
    Mr David Evans,

  18. People are correct in their comments to us that you are a sick man with nothing better in his life than to spend his time on the internet posting his version of a car hire dispute and showing yourself to look stupid.
    You are very poor example if you are involved with the police in England with your fraudulent actions by claiming back from your credit card company in breach of the contract you signed which shows everybody your dishonest character.
    There are always car hire disputes with every company where costs are involved with damage to cars hired where the CDW insurance is not paid, we contract over 200 cars pèr month
    and by law of average there is damage to cars. Most clients accept the liability and pay the cost but others do not and come up with stories like yourself that they did not cause the damage or that it existed when they took the car.
    In all cases ,including yours, we can prove the liability is on the client to pay with the contract signed confirming any existing damage and the photo and factura on return if there is damage.
    The Olive Press printed your story and several others all from hearsay, they did not ask us for evidence and they included photos of David Ballard without his permission this would never be allowed in England without a judgement in court.
    We have received emails of support and if anybody wants to see the evidence which proves your fraud they can email us.
    Stop repeating your lies on the internet and get on with your life.

  19. Still more rambling from Mr Ballard and still no company address printed.
    All your customers who you claim support you don’t seem to post anymore do they Mr Ballard ? Is that because they all use the same IP address as yours ?
    Seems you like to blame everyone for your poor reputation , when in fact the only person responsible for the bad press you get on a regular basis is YOU ! The bad press doesn’t just come from me, your well aware of that on tripadvisor and malaga web.
    You claim I am a liar, all your customers are liars, the olive press are liars, James Bryce tells lies, the olive press print photos of you without your permission that is wrong. Your list of complaints is endless and ridiculous.
    You lost your case with the credit card company because you failed to provide any evidence to them, and you have still never provided any to me. The reason for that is simple. Monica from Briansrentacar checked your vehicle when I delivered it back to you at Malaga airport, she agreed it was all in order in exactly the same poor condition you delivered it to me the week before. Or is she telling lies ?
    My opinion is that you don’t hire 200 cars per month, that would indicate that you were a reasonably sized company with a decent reputation and everyone reading your ramblings can clearly see that is not the case.
    As stated numerous times PRINT YOU ADDRESS PLEASE.

    Mr Evans

  20. There are many computers in our offices I have not posted recently it is a waste of my time, my staff and our cliets think you are mentally sick.
    You really are a disturbed man.
    For the last time let me tell you the truth in this matter and this is from me not my staff,and I can prove every fact.
    All internet forums are open to people expressing their experience with a product, unfortunately people can post several times from different emails to discredit the company such as you have done on tripadviser.
    We do have disputes where cars are damaged and people try avoid liability such as you have done but we always provide he proof.
    You silly little man stop twisting the comments, I did not call Olive press or James Bryce a liar, they have merely reprinted your and other peoples stories without any research to verify if it is true, all of which is hearsay.If you went to court you would lose your case, we have the contract signed showing no damage and the photo on return with the arm broken off the driver chair.
    Again there was no case with the credit card company, you can not claim back you security deposit without a Spanish court judgement in the conditions of contract you signed.
    You breached the conditions of contract and told your credit card company the deposit payment had not been authorized or signed.
    Monica does not and can not check the car in departures drop off zone, she told you that when she took the keys from you.There is not sufficient light and 2 minutes limit by the police.The credit card company has not spoken to Monica or us so how would they know anything about the matter.
    Your opinion is tainted as is your mind with the way you play with the facts,you are in breach of the contract you signed an openly brag on your internet with your daily posting .
    I will print our address if you print yours this forum is not the place to advertise your place of work.
    If any body wants our address or copies of the documents they can email our office.

  21. I sincerely hope David Evans isn’t in the police service as he seems to have no sense of perspective. Imagine if he was ever armed. Hopefully he’s just in their accounts department! I don’t know the company involved or the individuals who work there and I never rent cars here in Spain anyway. What I feel after reading all this, is that the Olive Press need to be more careful in reporting on businesses and complaints against them, because if this turns out not to be true they may have contributed to the ruin of a local business – which is the last thing our economy here needs!

  22. Mr Ballard I am not going to engage you in the use of inappropriate name calling that is offensive to many people .
    It shows you in a very poor light, can’t imagine any of the reputable companies using the names you have used above, it’s quite disgraceful.
    I have absolutely no idea what Jan is talking about ” imagine if I were armed” and then claims I need perspective ! Good grief.
    Don’t think that I need comment further after the previous two comments above which are clearly linked.
    Mr Ballard is doing a very good job himself in destroying Briansrentacar and it’s poor reputation.
    Regards
    Mr Evans.

  23. Mr Evans the story is finished, you have saved the world from using Briansrentacar and clearly shown what a .

    poor example of a man you really are with no morals and no respect regarding law or truth or contracts.
    We at Briansrentacar will survive the 400 euro you have stole.
    Olive Press have scandalized your story now lets all get on with living our lives everybody is tired of hearing your daily posts repeating your rubbish.

  24. Mr B.
    If I’ve saved one customer from being cheated out of their deposit then my daily posts as you put it have been worth while.
    The daily posts have been matched in equal measure by your daily ramblings and constant failure to print your address for the 18 customers who’s deposits you still hold.
    What I have shown is that I won’t just accept your lies and pay costs for damage to your sub standard vehicles.
    I have taken the correct actions to stop you from unlawfully removing monies from my parents account,
    I have complied with the law and morally it’s you who should be ashamed of your bullying tactics.
    The olive press did not just print my story as well you know from all the different comments in this thread from your many upset customers.
    One thing we do agree on is that our buisness is finished.
    Unless of course you comply with sec 14 of your contract and let the courts decide !
    Mr Evans

  25. This Man Evans and his father should be banned from the Internet and the Olive Press for allowing these two to post all this rubbish about a car hire deposit.
    First he says he delivered the car in the same condition then he says he is clear of liability because the girl driver collected the car without seeing the damage.
    Then he admits claiming back his deposit in breach of the contract and says his credit card company held a hearing which he won, but the car hire company was not contacted to provide evidence.
    Obviously this car was damaged by the Evans or they would have the original contract showing the damage when they took the car.
    What a sad situation for the CarHire company I feel sorry for them.

  26. The only thing you have achieved by your hundreds of posts is to verify our version of the story and prove you have no morals or regard for the truth or law.
    Had you returned the car in the same condition or paid for the car seat you broke this dispute would not exit.
    The Olive Press printed hearsay stories not one has been proven and yes sadly there are others such as yourself that do not want to pay the costs involved in car hire damage.
    You are a joke of a man to quote contract conditions when you brag you have breached the contract by fraudulently claiming back you security deposit.
    The only cheat in this dispute is yourself and that is clear for all to read from your story.
    The Olive Press must regret running with your story.

  27. The Olive Press stands by its original story which was not purely based on hearsay as claimed by Brian’s Rent a Car. For the record the last two comments from ‘Dave’ of Brian’s Rent a car and ‘Brent Long’ were received from the same (Orange Espana) IP address.

  28. Brent you are clearly don’t know the facts do you ? And are yet another first time poster backing Briansrentacar and have been asked to post in support of them. Quite sad and pathetic really.
    Mr Ballard you can take the olive press to court if you feel they are unfairly treating your company,
    You can also take me to court if you believe you can prove your case.
    No doubt you will post again Mr B, as you are like a petulant child who must have the last word.
    All very sad really.
    Just print your trading address, it’s not an unusual request.
    Most buisness have to pay for the publicity in a well respected publication.
    Mr Evans.

  29. Mr Ballard.
    As we your customers all know you don’t reply to e-mails. And when you do they are usually loaded with threats and abuse so that is quite pointless.
    Print your address for all to see, then anybody who need to contact you directly can do.
    The Olive press did contact you regarding this article and your response was printed. You call us all LIARS.
    Would you like to comment on the fact that you have now been discovered posting comments in different names from the same IP Address ?
    Ironically you claim that it is me who resorts to that kind of misleading and dishonest behaviour.
    You really should apologise to all the Olivepress readers now you have been found out.
    Do the decent thing.
    Print your address then this matter along with the many other complaints you attract don’t have to be played out on a public forum.
    I will not be posting further on this matter. I have no need to.
    I won my case and you have been shown in a true light now.
    Regards
    Mr D G Evans

  30. Evans you have no reality of he truth.
    The Olive Press called me on my cell phone as I was driving to the office and asked me about Gavin Johnson and yourself regarding deposits not refunded, I told the reporter Johnson and yourself had returned car damaged and this wast the reason the deposit was held. He told me you both said the cars were returned undamaged and to this I said you were both lying I had contracts and photo evidence to prove my case.
    He told me he was proceeding with the story the next day, no question of us providing the proof.
    I have no idea why Brent Long posted from our office block on the same wifi, he did not post from my computer and the webmaster will know this. I am sure he provided his email and webmaster can contact him.
    You are brag again you claimed back your security deposit in breach of the contract you signed.
    Then you won your case because the girl driver did not see the broken driver seat when you gave her the car keys outside departures. our credit card company has no evidence (similar Olive Press ) because they did not contact us or the girl for evidence.
    You and the Olive Press should be ashamed of your self to admit this breach of contract and the very fact your credit card company did not arbitrate the case, merely claimed back your money because you told them you did not sign the slip.
    This is typical of the the Olive Press, where several complaints sighted by them none of which have judgements against us and not one was discussed with us to allow us to provide the evidence we have in each case.
    Mr Evans please contact us by email and we will deal with you privately and provide our office details, on this forum there are unstable people and we will not print here our address, but we keep telling you this but you have not emailed us yet

  31. Hi Webmaster,
    So sorry I posted in the Briansrentacar offices using their Wifi and now Evans is accusing them of posting my comments.
    Webmaster has my email details and can ask for my address ,telephone and passport number to verify my post.
    Typical of all this rubbish re complaints not verified and Evans saying everybody who disagrees must be employed by Brian’s.
    Olive Press should be ashamed to support this pathetic story and the others unjustified claims.
    Contact me if you need verification or any other details, I am only a customer but have great experiences of Briansrentacar and I have seen the Evans hire contract and return photos proving he damaged the chair.
    Sad all his air time on Internet has never been verified by Olive Press.

  32. Congratulations to Mr Evans on getting his money back from this highly disreputable company. My wife and I are also victims (I think no. 28 on Mr Evans’ tally!) and I am looking at several avenues to both retrieve my illegally held deposit and suggest ways to the appropriate Spanish authorities to get these people off the streets.

  33. Here we are at the end of 2015 and still Ballard is taking his unfortunate customers for a ride !
    Looking on trip advisor there are several other customers with deposits retained and claims of damaged vehicles !
    When will the Spanish authorities shut this fly by night cowboy outfit once and for All
    Dave Evans

  34. Hope the 2016 posts are true and Brians Rent A Car are finally out of business , Google have listed them as a closed business .
    Yet still “Brian” makes claims they are still trading!
    His colourful expletives still flowing, I would suggest that the comments have been made by one David Ballard AKA Paul Richardson or whatever name he feels like using on a given day !
    It’s not good for decent law abiding traders trying to earn a decent reputation when people like Mr Ballard drag down the area.
    Brians rent a car have a well earned reputation as being “one car hire company to avoid”
    Mr David Evans

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