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Old 01-10-2016, 05:14 PM   #1 (permalink)
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Rental damage fee

I rented a man lift from a national chain to get the siding and roof done on a building I put up.
It is one of those tow behind ones that you pull with a pickup, it is equipped with surge brakes.

When I got it home the thing stank like burning brakes, I figured they probably didn't maintain it very well, and the hitch had seized up.
I used it for 2 weeks around the building site, then towed it back to the rental place, when I got there I had the same issue, the brakes were hot, and stank.
I told the guy that looked it over what I suspected was wrong with it, he said it happens all the time, got my final invoice, and went about on my way.

A week later I get an invoice in the mail for $1500 for repair fees for the brakes. (No way a set of brakes cost this much, they are trying to screw me )

They claim that I left the emergency brake on the trailer set, which I had no clue the thing was even equipped with. The yard guy hooked it up to my truck, and checked it out, and never pointed anything like that out. I am also pretty certain that it was the surge brakes, it towed fine until I had an emergency stop, then I could tell they were dragging.

They wont budge on it, and are going to charge my credit card.
My question is what happens if I just cancel my card, and tell them to fuck off? Would something like this ever hit my credit report? They have a copy of my DL, and my credit card on file.
I do rent quite a bit of stuff for use around a few farms, I never plan on renting from these guys again because of this incident alone.
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Old 01-10-2016, 05:19 PM   #2 (permalink)
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Call and report the credit card stolen. Tell rental place to fuck off.

And repeat after me. Take me to court.

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Old 01-10-2016, 05:21 PM   #3 (permalink)
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Can't you just dispute the charge with the credit card company? You make your case to your credit card company as to why it is a bullshit charge. If they agree with you they won't pay it.
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Old 01-10-2016, 05:22 PM   #4 (permalink)
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Not reporting it right away is probably going to be the biggest hurdle you'll have to overcome. You can dispute the charge with your credit card company, but if they want to push it, you'll probably end up getting sued.

What's the language in the rental contract say about damage? Was there optional insurance available or included with a basic rental?

I'd question how often these brakes have been billed for repair to a customer and then never replaced...

Last couple times I've rented a tow behind lift/bucket setup for tree trimming work, both units have had seperate parking brakes, as they're not intended to be depend on the tow vehicle for support while in use.


Edit: These places also don't maintain their shit worth a damn. If you point out something broken after you get back, then you broke it. I have gotten into the habit of not reporting a damn thing when I take stuff back unless it's obvious the damage could not have been caused by me (or if i actually did break it). Their "system" should include regular inspection and repair of all equipment. I guarantee they aren't checking every nut and bolt, fluid level, and bearing on it between every customer.

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Old 01-10-2016, 05:22 PM   #5 (permalink)
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They will be much more willing to negotiate after they don't have direct access to your money.
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Old 01-10-2016, 05:22 PM   #6 (permalink)
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Can't you just dispute the charge with the credit card company? You make your case to your credit card company as to why it is a bullshit charge. If they agree with you they won't pay it.
They havent charged me yet. Just trying to be proactive before they do
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Old 01-10-2016, 05:24 PM   #7 (permalink)
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Can't you just dispute the charge with the credit card company? You make your case to your credit card company as to why it is a bullshit charge. If they agree with you they won't pay it.
Why the fawk would you even let the charge happen in he first place.

Cancel the credit card now. Don't argue shit.
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Old 01-10-2016, 05:37 PM   #8 (permalink)
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Not reporting it right away is probably going to be the biggest hurdle you'll have to overcome. You can dispute the charge with your credit card company, but if they want to push it, you'll probably end up getting sued.

What's the language in the rental contract say about damage? Was there optional insurance available or included with a basic rental?

I'd question how often these brakes have been billed for repair to a customer and then never replaced...

Last couple times I've rented a tow behind lift/bucket setup for tree trimming work, both units have had seperate parking brakes, as they're not intended to be depend on the tow vehicle for support while in use.


Edit: These places also don't maintain their shit worth a damn. If you point out something broken after you get back, then you broke it. I have gotten into the habit of not reporting a damn thing when I take stuff back unless it's obvious the damage could not have been caused by me (or if i actually did break it). Their "system" should include regular inspection and repair of all equipment. I guarantee they aren't checking every nut and bolt, fluid level, and bearing on it between every customer.
I agree with them not maintaining shit, none of the lights on the trailer worked and the batteries in the thing were shot. It was hard not to point out the brakes as they stank so bad.

I didn't buy their insurance because we have our own insurance on the farm that covers rentals, the deductible is higher than what this damage is.
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Old 01-10-2016, 05:44 PM   #9 (permalink)
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First time you rented one? The ones we have used have a parking brake lever right by the coupler.
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Old 01-10-2016, 05:50 PM   #10 (permalink)
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First time you rented one? The ones we have used have a parking brake lever right by the coupler.
Yep, never rented a tow behind one.
I remember the lever, but never touched it. If the guy that hooked me up left it on, then thats the way I drug it around for 2 weeks.
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Old 01-10-2016, 05:54 PM   #11 (permalink)
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Yep, never rented a tow behind one.
I remember the lever, but never touched it. If the guy that hooked me up left it on, then thats the way I drug it around for 2 weeks.
So, was it on or not?
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Old 01-10-2016, 05:58 PM   #12 (permalink)
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So, was it on or not?
I don't think so, if it was I would have expected to feel it.
The only times I felt the brakes was after coming to a quick stop while driving home, typical non-maintained grabby surge brake feel. After a few stops I am pretty sure they didnt release and started dragging.

It was a ~50 mile round trip between the rental place and where I used it.
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Old 01-10-2016, 06:14 PM   #13 (permalink)
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I can't imagine canceling a credit card due to an dispute with a rental yard. Is that how people normally do business?

If you are legit and the brake was not working properly or a parking brake was not marked, I would dispute it with my credit card company if the rental yard would not budge.
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Old 01-10-2016, 06:19 PM   #14 (permalink)
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I can't imagine canceling a credit card due to an dispute with a rental yard. Is that how people normally do business?

If you are legit and the brake was not working properly or a parking brake was not marked, I would dispute it with my credit card company if the rental yard would not budge.
If I was in the wrong, then so be it, I will pay up.
However they seem to be gouging me, $1500 for a brake job on a single axle trailer? Come on...

Also they checked the unit out and hooked it to my truck and sent me on my way, I never touched the lever, if the brake was on, that's the way they sent it out the door with me.

If the brake was set I think I would have felt it. The fact that I didnt leads me to believe the parking brake was shot if it was actually set when I took off. The brake smell came from the surge brakes, as I felt them sticking.
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Old 01-10-2016, 06:41 PM   #15 (permalink)
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I agree the price is high, but you had an issue at least 2 weeks prior and didn't call it in? I've worked for big and small equipment yards and if you had called earlier, no issue, mechanic sent out and fixed. I've eaten a lot of customer damage over the years. You didn't report it and kept using it. On you.


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Old 01-10-2016, 06:54 PM   #16 (permalink)
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I'd question how often these brakes have been billed for repair to a customer and then never replaced...
.

That's how you make money in the rental business.
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Old 01-10-2016, 07:12 PM   #17 (permalink)
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I can't imagine canceling a credit card due to an dispute with a rental yard. Is that how people normally do business?

If you are legit and the brake was not working properly or a parking brake was not marked, I would dispute it with my credit card company if the rental yard would not budge.
You report the card lost and get a new card. Why would you deal with the credit card company? Even if the credit card company agrees with you they rental company can still sue you.

Eliminate a headache and report the card lost. Then talk with the rental company. You will be surprised how willing they are to talk when they don't have direct access to your money any more.

Last edited by Why J?; 01-10-2016 at 07:13 PM.
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Old 01-10-2016, 07:24 PM   #18 (permalink)
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You report the card lost and get a new card. Why would you deal with the credit card company? Even if the credit card company agrees with you they rental company can still sue you.

Eliminate a headache and report the card lost. Then talk with the rental company. You will be surprised how willing they are to talk when they don't have direct access to your money any more.
Lying/scamming is always the solution...

Probably one of the most retarded things I've read on this forum.
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Old 01-10-2016, 07:33 PM   #19 (permalink)
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Why didn't you contact them when you felt the brakes lock up?
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Old 01-10-2016, 07:49 PM   #20 (permalink)
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I think you'd have a hard time fighting it - can you prove that the damage wasn't from leaving the parking brake on? I'm willing to bet that if you read the fine print in the rental contract there's a clause that makes any damage caused by operator misuse your responsibility, and the rental yard has a valid argument that leaving the parking brake on caused brake damage which would be operator misuse. Not saying that's what the op did, but that's the legal argument, and if I was a judge hearing the case I'd likely say the rental co has a good case - "user signed contract for damaged, accepted unit as functioning, and brought it back with fawked brakes" vs "well I don't think I left the brake on, but I don't know and it somehow randomly broke while I was towing it that maybe made the brakes stick despite this seeming unlikely and I kept towing it cause I figured it was messed up to begin with"..... Pretty sure you're fawked unless you can prove somehow it wasn't your fault.

Don't think canceling/disputing credit cards will help either - they have a contract with your signature, seems easy enough to get a judgement and give it collections.

I do agree that $1500 for brakes is excessive, but we also don't know if there was damage to the axle, bearings, tires, spindle, etc, and it's reasonable for them to get labor cost as well. I think $3-500 would be more realistic, but we also don't know what the justification used is.

I'd say the op ought to contact the company and see what can be done - make your case but be prepared to suck it up and pay some - you're legally liable for damages while it was in your possession. Even if it was a brake system mess up and not the parking brake, you still were responsible for the damage caused by not stopping to fix/report the problem. Would you have just kept on hauling a$$ if it was your own trailer and you though the brakes were sticking? Man up and take responsibility for your actions.
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Old 01-10-2016, 08:10 PM   #21 (permalink)
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I didn't buy their insurance because we have our own insurance on the farm that covers rentals, the deductible is higher than what this damage is.
Hows that working out for you?


You gambled with a bad back up plan and lost.

Whether home boy left it locked in, you didnt pay attention to it, or it fucked up along the way. You choose not to pay the $40+/- for the issurance, signed on the line that said you didnt buy the insurance, took responsibility for the equipment, signed on the line that said you understood how to use it, and planned to use youre insurance if needed.

It had an issue, you ignored it, contiued to use it possibly incorrectly, and now you have to pay for it.
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Old 01-10-2016, 08:12 PM   #22 (permalink)
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You can bitch because the yard guy hooked it up like that.

Make sure the rental yard insurance yes/no portion on the contract is ticked off. If they didn't mark the insurance as being declined that will help you argue it was never denied or that they never told you in the first place.

Get a third party estimate on what is/was broken and what is/was fixed and estimates to do the work.

Pay up! sounds like you drove around with it fucked...should have called the rental shop asap when you got home and smelled burnt brakes

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They will sue you and win. Especially if you cancel your CC...makes you look like a shyster
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Old 01-10-2016, 08:14 PM   #23 (permalink)
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If they connected it and left the brake on they own the damages, if that's what caused it. I would call them and tell them that they hooked it up and you did nothing to it. Explain the smell and the guy saying it was normal.
Tell them you will go to court over it if they don't back off. Do not cancel your card because of it, wait for them to charge it, file a dispute. It's also very cheap to have a lawyer send them a letter informing them of what I already said.
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Old 01-10-2016, 09:10 PM   #24 (permalink)
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Go max out your credit card, plus 20%. That way there's no room for the rental business to charge your card. It's what all the cool cats are doing.

Will cost you a bit in interest throughout the year tho.
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Old 01-10-2016, 09:17 PM   #25 (permalink)
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Call and report the credit card stolen. Tell rental place to fuck off.

And repeat after me. Take me to court.
Scumbag

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Originally Posted by Why J? View Post
They will be much more willing to negotiate after they don't have direct access to your money.
Scumbag II

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Why the fawk would you even let the charge happen in he first place.

Cancel the credit card now. Don't argue shit.
Scumbag III

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You report the card lost and get a new card. Why would you deal with the credit card company? Even if the credit card company agrees with you they rental company can still sue you.

Eliminate a headache and report the card lost. Then talk with the rental company. You will be surprised how willing they are to talk when they don't have direct access to your money any more.
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Why didn't you contact them when you felt the brakes lock up?
There's this./\

To OP, $1500 is a number pulled out of the clear blue sky. Anyone that's ever done brakes on a trailer knows this is not justified. As others have said, dispute the charge on the CC and then try to renegotiate with them. Check the contract over for any details that might screw you in a dispute.
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