I WILL NEVER AGAIN RENT FROM AVIS OR BUDGET – Part III

(cont. from part 2)

I am going to condense the rest of the story because the intricacies can be mind-boggling.

Since I could not reach him electronically I decided to contact Michael Tucker, Avis Budget’s legal counsel, by writing an actual letter. You know, the kind that involves pen, paper, envelope and a stamp. I explained my story and insisted on payment of what was now $458, including the original $297 plus court costs and my parking expenses at the courthouse. A week later, I received an email from his assistant. This was followed by a phone conversation. That was followed by contact with a paralegal, Ted Kushner, who claimed they had known nothing of my dispute.

“How can that be?” I queried, considering that the company sent a representative to the first trial.

“Why didn’t you have the court send the judgment to our headquarters?” Ted parried.

“Because a California court has no jurisdiction in New Jersey,” I replied. “All legal processes were sent to your agent for service in Sacramento. That’s why you have an agent for service.” Ted responded that he researched my claim and found my complaint(s) to be valid. He promised that Avis Budget would cut me check for the full $458.

“I’ll need to receive it before the next court date,” I warned, “or I will be back in court and you will have more problems with me.” (All quotes in this story are approximate paraphrases as no one in or out of their right mind and claim to come close to exact conversations … ever.)

A few days before the August 18 court date (yes, this had been going on for eight months!) I left messages with both Michael Tucker’s office and Ted Kushner. I warned them that the judge had issued a bench warrant and that they had better send me the check. I received no reply whatsoever.

You have probably guessed it already. Back to court I went. The defendant failed to send a representative but there was no penalty. Why? The nimrod “judge” from the previous court session never issued the bench warrant. This judge, however, said she would.

I was in a tizzy. Actually it was a Toyota. Nevertheless, I was now considering flying to Avis Budget’s Parsippany, New Jersey headquarters to try my hand at terrorism.

The next day a UPS envelope arrived. In it was a letter from Ted Kushner explaining that the issuance of the check had run into some bureaucratic complications and he is sorry for the delay. Enclosed was a check for $458. He could have called two days earlier to tell me this before I went back to court. But n-o-o-o, that would have been efficient, and from my experience I have come to believe that efficiency is not in Avis Budget’s DNA.

Perhaps Avis's clogan should be "We Try Hardly.'

The companies from whom I will never again rent a vehicle. Photo – en.wikipedia.org

Let me add one more bit of proof to that allegation. At the beginning of this story I mentioned Avis had sent me two $25 coupons when I first complained about the rental screw-up. Well, a few days before the last court appearance I decided to use the coupons to rent a full size sedan from an Avis Budget location near my home. Why the hell not? I made an online reservation and received a confirmation. And when I got to the location the next day, guess what. Yep, they had no full size cars, so I had to take an SUV. And when I returned it, there was no one at the counter. After waiting about five minutes I called out. The rental agent appeared from the next room and said, “I’ll be right with you.” I stood there another five minutes. When she reappeared, she was chewing on some food and said, “ I had to finish my lunch.” Really?

Case closed.

And that is why I will never again rent a vehicle from Avis … or Budget.

But wait! This just in. I was reviewing my monthly credit card statement this very afternoon and although the charge for the rental should have been 17 bucks., it was $33.62. I called the rental agency and the very same woman told me it was because I had only put 18 miles on the car and that when customers put on so few miles they usually (my italics) don’t replace the gas. Avis charges $13.99 for each delinquent gallon. When I told her that I returned the car with the same amount of gas as when I took the SUV, she would not budge, saying that I should have shown her the receipt and that I had only 24 hours to make a correction. This, despite the fact that I did not get my credit card statement until a month later.

I gave up on her and called my credit card issuer who promptly credited me for the $16.62 overcharge.

And THAT is while I will never, ever, ever, rent form Avis or Budget again.

 

I WILL NEVER AGAIN RENT A CAR FROM AVIS OR BUDGET – Part II

Part 2

On our first full day in Southern Italy, with no practical vehicle at our disposal, Cheryl and I took a train from Sorrento to Pompeii.

The ruins at Pompeii

Pompeii. Photo by Alago,public domain, commons.wikipedia.org

The following day we had no choice but to take a bus down the treacherous Amalfi Coast with a return stop in Positano. We passed a dozen places where, if we had a car, we would have loved to stop to soak in the views and take photographs. It was not to be.

The narrow, winding road to Amalfi

The treacherous Amalfi Coast Road

Upon our return home to San Jose I asked our travel agent, Barbie, to see about getting our money back for the car we had reserved, or at least the approximately   140 dollars extra we paid for the automatic transmission. She contacted Auto Europe, the company that booked the car with Avis. Auto Europe was unsuccessful in getting our money back. I contacted Avis Budget Group. myself. They sent me two 25-dollar coupons toward a future rental and a denial of responsibility for blowing our reservation .

I contacted American Express, which took a long time to reply, telling me that I should not have accepted the car Avis had offered me, as if we would have otherwise taken three trains and a bus to get to our hotel. I could have given up at that point, but there was a principle involved here. After all, I am the Consumer Guy.

Trying to call Avis Budget Group at its headquarters in New Jersey got me nowhere. Its answering system is totally digital and I had no way of knowing whom I needed to speak with. I looked up its legal department online and found the head honcho is Michael Tucker. I called back again and entered Mr. Tucker’s name but apparently the system did not “know” that he exists, despite his being Avis Budget’s chief legal counsel.

Can you say, “lawsuit”?

So off I went to my local small claims court, paid the filing fee, and had a subpoena served on Avis Budget Group via its agent for service in Sacramento. I should explain this. If a company does not have an administrative office in the state where you are suing it, it must have an agent for service which can accept legal documents such as California’s “Plaintiff’s Claim and ORDER (sic) to Go to Small Claims Court.”

On the trial date Avis Budget’s representative showed in court. His name is bill. He is the airport manager for Burbank Airport, over an hour away from the courthouse. Bill had never heard anything about the case until the day before. He had virtually no defense. The judge awarded me the $297 plus $45 court fee. Avis Budget was notified that it had 30 days to pay up. By this time it was rush hour in L.A. It would take Bill at least an hour and a half to get back to Burbank. Think of it; five hours of the airport manager’s time to defend a case about which he knew nothing and that was indefensible.

But justice was done. I’m kidding. Avis Budget didn’t pay. So back to court I went. The next judge issued an “Order to Produce Statement of Assets and to Appear for Examination.” A new trial date was set at which Avis Budget was to present a list of its California assets. Don’t ask; in theory it would have to show where everything it owns in the state is located and what it’s worth.

Three months had now passed since I filed in December of 2014 and once again Avis Budget dropped the ball (or kicked it into the stands). Back to court I went and once again the defendant was delinquent. The new judge (in small claims court the “judges” are usually lawyers who sit in for real judges but who supposedly know the ropes) said he would issue a bench warrant that would require a representative of the company to show up. This would involve the assistance of a sheriff’s deputy. The judge set a new court date.