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  • FIRST POST
    • Hudenise
    • By Hudenise 28th Jun 17, 9:34 PM
    • 8Posts
    • 5Thanks
    Hudenise
    Should I be covered by article 75 by my credit card
    • #1
    • 28th Jun 17, 9:34 PM
    Should I be covered by article 75 by my credit card 28th Jun 17 at 9:34 PM
    Last year, in August, I rented a car in Sardinia via AtlasChoice. I gave back the car without scratch and all was fine. However in Feb 2017, the Sardinian car rental company charged my credit card for the rental.
    After disputing the charge with my credit card, I learnt that AtlasChoice is now bankrupt and as the Sardinian car rental company was not paid by AtlasChoice, they are charging me.
    What are my rights? Should not be my credit card company cover me for this unfair charge?
Page 1
    • zx81
    • By zx81 28th Jun 17, 9:40 PM
    • 13,683 Posts
    • 14,147 Thanks
    zx81
    • #2
    • 28th Jun 17, 9:40 PM
    • #2
    • 28th Jun 17, 9:40 PM
    Not article 75, no. That refers to when an insurer cancels a policy before a claim is made. I suspect you mean section 75, which relates to credit cards.

    If the charge is unfair, you dispute it with the car rental company, and then (if needed) with the card provider, who may instigate a chargeback.

    Section 75 would only apply if a service wasn't provided, not for an erroneous charge.
    • SnowTiger
    • By SnowTiger 28th Jun 17, 9:50 PM
    • 3,053 Posts
    • 2,021 Thanks
    SnowTiger
    • #3
    • 28th Jun 17, 9:50 PM
    • #3
    • 28th Jun 17, 9:50 PM
    Last year, in August, I rented a car in Sardinia via AtlasChoice. I gave back the car without scratch and all was fine. However in Feb 2017, the Sardinian car rental company charged my credit card for the rental.
    After disputing the charge with my credit card, I learnt that AtlasChoice is now bankrupt and as the Sardinian car rental company was not paid by AtlasChoice, they are charging me.
    What are my rights? Should not be my credit card company cover me for this unfair charge?
    Originally posted by Hudenise
    There's an MSE article about AtlasChoice here: http://www.moneysavingexpert.com/news/travel/2016/12/care-hire-firm-atlas-choice-deluged-with-complaints-after-customers-left-stranded-at-airports.

    My first thought is that it's not your concern that AtlasChoice hasn't paid its supplier; and the new charge made by the rental company is an unauthorised transaction.
    • Jambo27
    • By Jambo27 2nd Oct 17, 4:59 PM
    • 2 Posts
    • 0 Thanks
    Jambo27
    • #4
    • 2nd Oct 17, 4:59 PM
    • #4
    • 2nd Oct 17, 4:59 PM
    I have a similar issue with GoldCar in Spain. I got photos and got an employee to sign the paperwork when I took the car to say there was a scratch.

    On returning it they sent me an email saying I did it and they are going to charge me 200EURO. My card was debited 320EURO.

    I contacted them but could not upload the photo of paperwork to their system and asked how I can. I also explained what has happened. They disregarded what I said and ignored my points.

    I made chargeback through HSBC and a month later they send me a letter saying it had been denied saying "we have asked for documentation to support your dispute. Unfortunately this request has been denied".

    I asked them to re-open and made complaint.

    When phoning to see what was happening with complain the agent tells me that it can't be chargedback because of Chip and PIN being used. They have messed me about as much as the car company.
    • zerog
    • By zerog 3rd Oct 17, 1:51 PM
    • 2,288 Posts
    • 764 Thanks
    zerog
    • #5
    • 3rd Oct 17, 1:51 PM
    • #5
    • 3rd Oct 17, 1:51 PM
    ...
    When phoning to see what was happening with complain the agent tells me that it can't be chargedback because of Chip and PIN being used. They have messed me about as much as the car company.
    Originally posted by Jambo27
    Complain to HSBC then take it to the Financial Ombudsman if they don't resolve it to your satisfaction.
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