Car rental dispute. Immigration notified?

[Dellie]

So one of my neighbors rented an old Toyota from what seems like a very unproffessional company in Bangkok. He immidiately encountered problems with the car as it was about 8 years old and hadn't been maintained properly. The car broke down and needed repair to the cost of about 25 000baht. He contacted the rental company and was informed all vehicle repairs was the responsibility of the renter. Never heard of this being the case before. A serious company like AVIS etc would just give you a replacement. He was outraged but in the end decided to cover the repair costs. After asking me for advice I took a look at his contract and it clearly stated he could cancel the contract by notifying 1 month in advance and then paying 2 months rent and loosing the deposit. I told him just take the hit and return the car and so he did. Now even bigger problems ensued. The rental company no longer had an office at the location he rented the car and he was informed via email that breaking the contract was illegal and he had to rent the full 12 months on the contract. After some digging he found out the guy who rented him the car had moved back to the US and didn't even live in Thailand anymore. So he parked the car at the former office and sent the owner the key via express mail. Payed the 2 months rent and said we're done. The owner has now emailed him saying he will report my neighbor to the police and will take him to court. My neighbor is now araid that when he returns to Thailand in 4 months he will be detained by immigration and taken to court. From what I've seen of this situation this guy clearly doesn't have a case and I've been tryin to assure my friend he shouldnt worry about it.

So what do you guys think, Is there any way in hell he could run into problems returning to Thailand?

Im pretty sure there shouldn't be a problem. Firstly the owner is not even a Thai national. He is of Burmese descent but a US citizen. I would be suprised if he even has the necessary WP and license to operate a rental company. Secondly would the police even investigate such an outrages report?

Any advice or input would be appreciated.

[NeverSure]

You made a good point. I would email the guy and ask him for a copy of his business license and also his work permit. That would probably shut him up.

With all the scams in Thailand, I can't understand why he didn't rent from Avis or similar. I am so paranoid that in April when I rented a car for a month, I rented it from Avis out of Bangkok, but I made the reservation with Avis in the US using a US Visa card to get all of the US consumer protection laws, and US customer service culture on board. I had no problems, but if I had my complaints would have been in the jurisdiction of the US courts and I could have filed a simple complaint against US Avis in US small claims court. Visa would also have backed me against Avis and back-charged them.

That said, what actually probably would have happened is that Avis US would have taken care of me with no need for hassle to me. It is simply a different culture.

Good luck.

Edited November 24, 2013 by NeverSure

[stevenl]

He can be taken to court, but that process takes quite some time.

Police does nothing, they just make up the report, the renting company has to file an official complaint with the court. 4 months seems to fast for this to be processed, so on arrival I don't think he'll have any problems.

[IMHO]

Without getting into the specifics of the case, yes it's possible to report a foreigner to immigration for unpaid debts. It's seldom done though, and in these cases, immigration will stop them leaving the country, not entering.

[stevenl]

Without getting into the specifics of the case, yes it's possible to report a foreigner to immigration for unpaid debts. It's seldom done though, and in these cases, immigration will stop them leaving the country, not entering.

Can only be done by court order.

[stevenl]

Without getting into the specifics of the case, yes it's possible to report a foreigner to immigration for unpaid debts. It's seldom done though, and in these cases, immigration will stop them leaving the country, not entering.

Can only be done by court order.

Sorry, should read: Can officially only be done by court order.

[Dellie]

Without getting into the specifics of the case, yes it's possible to report a foreigner to immigration for unpaid debts. It's seldom done though, and in these cases, immigration will stop them leaving the country, not entering.

But will the courts actually consider a case where the other party is also a foreigner and as we just found out the company is not even registered in Thailand. So they were operating illegaly in the first place were they not?

[wooloomooloo]

The rental company no longer had an office at the location he rented the car and he was informed via email that breaking the contract was illegal and he had to rent the full 12 months on the contract.

Do you mean that your friend leased the car for a twelve-month term? And, what was the amount of the deposit?

[Dellie]

The rental company no longer had an office at the location he rented the car and he was informed via email that breaking the contract was illegal and he had to rent the full 12 months on the contract.

Do you mean that your friend leased the car for a twelve-month term? And, what was the amount of the deposit?

Yes the contract was for 12 months but like I said it clearly stated it could be canceled anytime with 1 months notice.

[Lancashirelad]

It needs to be established if it was rented or leased, 12 months seems a long time to rent. If rented the rental co. should be liable for repairs. If leased maybe not so.

I doubt that any more will be heard about it. The car owner is just narked that he's not going get his 12 months money.