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O/T Does anyone have any experience in Limo hire cancellation? Section 75

Short of the story is that we cancelled a LIMO that we booked in November at the end of December. We cancelled the LIMO via email as that is what the website requested and they had no address contact details listed on there website.

The female driver (who appears to also be the driver/Secretary/Owner) turned up at would have been her first pickup yesterday at 6pm. Mother in law calls me to say a LIMO has turned up. She goes out to tell the LIMO that it has been cancelled as mentioned because the event is local 3 miles away and not the original 65 mile around trip we had originally planned.

Lady says she never got the email, never says anything more and just drives off in a huff. The lady was informed about the change of plans (3 mile local drive) which she acknowledged but not the cancellation.

We had already paid a deposit of £50 with a balance of £210 due on cash to the driver on the night. We were quite prepared to loose the deposit.

I get home from our event at 11:30pm to find a pending sum of £210.00 made at 7:15pm on my credit card and a NARKY email from the female driver saying we never cancelled via email and she has charged me £210.00

She had our house line, and mobile number and spoke to my mother in law but at no time did she mention that because she failed to acknowledge the email for cancellation. That when she turned in error she would be charging us the £210.00 as well. So for an hour 15 minutes of her work she has charged us £260.00. Had I known I would jumped in that LIMO for 3 miles, made the driver sit around till 10:30 pm and then drove me home rather than take a TAXI.

I phoned up virgin credit card and they can not cancel the pending authorisation because its down to contracts between ourselves.

They say when the pending authorisation becomes a full payment taken (7 days) then I can write in under Chapter 75 but there is no forms as such to fill in but just to write in.

I did some goggling last night and the credit card terminal seems to be registered to a tanning saloon approximately 0.25 miles from the whois records of the websites domain.

We had no contracts, no receipt for the first credit card payment, no confirmation of vehicle, insurance conformation or REG of limo etc.

All the logos on her website about being registered with a national body for limo hire seem to be dumb founded as its the same webmaster for this national body as her own website.

Help?

Can I take the company to the small claims court for actual provable time (6pm to the 7:15 they charged my card and sent an email) or morally not informing anyone of her intentions? or Trading Standards.

Virgin will not cancel the pending authorisation and it was only made 14hrs before I called them !

Matthew
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Comments

  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    If you didn't get any acknowledgment of the cancellation you could assume it did not arrive!
  • Credit crunch times. Need to con as much out of your ex customers as possible.

    I have cancelled my card incase she planned to go on a shopping trip with my card.
  • Tozer
    Tozer Posts: 3,518 Forumite
    mattdpage wrote: »
    Credit crunch times. Need to con as much out of your ex customers as possible.

    I have cancelled my card incase she planned to go on a shopping trip with my card.

    Sounds like an over-reaction on your part.

    Do you have proof that you sent the email?

    Also, were there any terms and conditions?
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Do you have any proof you sent the e-mail?

    What were the terms?

    If you have no proof of the e-mail give up now. If you do get the terms and read them. It could be that the terms allow for this.
  • gnaril
    gnaril Posts: 278 Forumite
    I will tell you right now.

    You have no documentation from your previous posting.

    You will have no lucky trying a claim under section 75.

    Its down to you to prove misrepresentation- you have no documentation no terms and conditions, nothing showing you could cancel and penalties as such also confirmation email is sent is not confirmation it is recieved.

    Sorry mate but you have been billed tecnically for a "no show".

    Cant see you getting a way out.

    And no the bank cant cancel an authorisation on your account, the second it comes thru its either ACCEPT or Decline or referred. Once decision is made its done.

    Good luck maybe further contact with the merchant trying to iron all this out might work.
  • It would seem the lack of acknowledgement and paperwork on there part is by all extents a deception or lack of professionalism.

    I am not winding anyone up the LIMO was cancelled.
  • Norant
    Norant Posts: 435 Forumite
    mattdpage wrote: »

    I am not winding anyone up the LIMO was cancelled.


    Matt we kind of know this is no wind up,however you may just have to put this one down to experience and next time book a taxi.

    If the location has changed the driver will probably charge you nothing,or you may hand over a couple of pounds as a sorry and thankyou.

    Limos.......:rolleyes: i ask you,they are nothing but pretensious money making machines.
    Forum spellcheckers are the pitts.
  • barvid
    barvid Posts: 405 Forumite
    Just because you sent the cancellation email doesn't mean they received it. With so much money at stake, why would you not send another email to check, or ring them up? If I were trying to cancel a £260 order I wouldn't be happy just firing a message off into the ether, I would make sure I got a reply so I knew my money was safe.
  • gordikin
    gordikin Posts: 4,422 Forumite
    edited 21 January 2010 at 2:40AM
    mattdpage wrote: »
    It would seem the lack of acknowledgement and paperwork on there part is by all extents a deception or lack of professionalism.

    I am not winding anyone up the LIMO was cancelled.

    Can you 100% prove they received your cancellation? No, I thought not. Emails are not always received! You did not confirm cancellation and to be blunt the limo did actually turn up. You are enroute to a bad credit rating!...deal with it now or it could hurt you very badly in the future with regards to loans, mortgages...basically anything financially related!
  • They asked for cancellation by email as they would not accept a non written cancellation.

    Not sure what you mean't about a bad credit rating, the limo driver drove straight home from the first pickup (from my mother in law) which was at 6pm and at 7:15pm charged my credit card using her credit card terminal.

    There is NO outstanding payment she has succeeded in charging my credit card.

    Hence she can NOT take me to the small claims court, cause a CCJ or ask for a bailiff.

    Hence I need to prove that she did not inform us that she was going to charge the card when she had the opportunity or we would have used the service.

    Something along the lines of unfair contracts, not providing documentation or telling us that we would be charged anyway when she turned up at my mothers and therefore let us use the LIMO for a 3 mile journey.

    If she had been helpful and informed us, then I would have made the lady driver say around until 11pm and not get home until after midnight, rather than get home at 715pm, charge my card and then laugh all evenings with her cats.

    Matthew
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