# Rental Contract



## spanishhopeful (Jan 28, 2011)

Hey Guys

I need a little bit of advice. I dont want to go into too many details just incase but I will give you the jist of things.

We signed a contract for a rental of a car. Now in all email communications it states that the rental we wanted was for 3 months. When we signed the contract there was one date on the contract then the person took the contract and checked everything out folded the contract up and gave us the copy. We then went to pay the last month of the rental and they are now saying that it was for 6 months. When we then checked our copy of the contract the date has visibly been changed and another date has been added in. This must have been done when he was checking the contract.

What I need to know is that if we send in writing that we want to terminate the contract I can see this company saying we will need to pay the extra 3 months rental. 

I have been looking around the internet and a few people have had similar problems with this company. 

Could you advise if anything where we should start to look to try and resolve this. I have spoken with the company and they said it doesnt matter what the emails say it is what is on the contract that matters. 

Hopefully someone can point me in the right direction as I need to get this sorted.

Thanks in advance

SH


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## thrax (Nov 13, 2008)

I can only think that you might need the services of a good lawyer. Perhaps a letter from a law firm might make the company think it isn't worth the fight and maybe agree to disagree and terminate the contract for the original period of three months.


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## spanishhopeful (Jan 28, 2011)

Yeah I thought that might be the case. Anyone know a good lawyer in fuengirola?

Thanks

SH


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## djfwells (Sep 28, 2009)

Were you not given a carbonated copy of the original signed agreement that would clearly show any ammendments to the date ?


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## spanishhopeful (Jan 28, 2011)

djfwells said:


> Were you not given a carbonated copy of the original signed agreement that would clearly show any ammendments to the date ?


Yeah we got the carbon copy and the date has clearly been changed from when we signed it to when he gave us it back but we didnt notice it till now.


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## djfwells (Sep 28, 2009)

spanishhopeful said:


> Yeah we got the carbon copy and the date has clearly been changed from when we signed it to when he gave us it back but we didnt notice it till now.


... So you are saying that you signed the contract, he then took it away and changed the date, then seperated the master from the caron copy and handed it to you without your noticing ? - With that being the case it would be dificult to prove anything and just your word against his


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## thrax (Nov 13, 2008)

Unless it is clear it has been altered; in English law, which might not be the case here, any alteration to any part of a contract, unless initialled by both parties, makes that contract null and void.


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## thrax (Nov 13, 2008)

And now I think abnout it I recall that our rental renewal contract had to have an alteration and the landlord insisted that we both signed next to the alteration. So that might be something to explore as clearly neither party initialled the alteration, assuming it is clear that the date has been altered.


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## Beachcomber (May 10, 2009)

The first step is to fill in a complaint form (hoja de reclamaciones) and then a visit to your local OMIC office.

Make the lawyer the very last resort. He will probably charge you more that the extra rental you are being asked to pay and end up getting nowhere.


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## Pesky Wesky (May 10, 2009)

Beachcomber said:


> The first step is to fill in a complaint form (hoja de reclamaciones) and then a visit to your local OMIC office.
> 
> Make the lawyer the very last resort. He will probably charge you more that the extra rental you are being asked to pay and end up getting nowhere.


That's true


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