Section 75 and a car hire company

senor_pea

I have come across from pepipoo as I think this may be a more appropriate place to ask about Section 75.

Basically I am disputing a transaction on my credit card from a car hire company.

In a nutshell...
I entered into an rental agreement which cost over £100. Some weeks after the rental had finished I received an invoice from the hire company stating that they had received a Penalty Charge Notice and had charged my pre-authorised credit card £85.25 (PCN + admin costs). On asking for evidence I found it was no more than a unenforceable invoice from a private parking company and there is no mention of the renter's liability to pay these in the terms of the rental agreement. I therefore disputed this transaction with my credit card company as it breached the terms of the rental agreement.
Further details of the background can be found on pepipoo searching for topic 55259 on the google search at the top of the page.

I received the decision from the credit card company today regarding the disputed payment. They sent me the 'evidence' that they had received from hire company... which no surprise was the same piece of 'evidence' that I sent them in the first place, the invoice from the private parking company.

On calling them, I was told that they are satisfied that the hire company had supplied enough evidence to support this transaction and have closed the case. I explained that the hire company had breached the terms of the rental agreement. They said that their responsibly fell under Section 75 of the Consumer Credit Act 1974, and that it does not apply as the transaction was less than £100. This is despite the fact that the original rental agreement, containing the terms that I quoted, was over £100. They said that as I was not disputing the transaction for the rental agreement, it was sound. The actual amount I wanted to claim back was less than £100 and it was therefore not covered by Section 75.

Is this correct?

I know that I have a separate argument to take up with the hire company and I am more than ready to do so. But would like clarify the credit card company's position regarding it's liability under the terms of the rental agreement. Any advice appreciated.

dazza.mk

senor_pea wrote: »

I have come across from pepipoo as I think this may be a more appropriate place to ask about Section 75.

Basically I am disputing a transaction on my credit card from a car hire company.

In a nutshell...
I entered into an rental agreement which cost over £100. Some weeks after the rental had finished I received an invoice from the hire company stating that they had received a Penalty Charge Notice and had charged my pre-authorised credit card £85.25 (PCN + admin costs). On asking for evidence I found it was no more than a unenforceable invoice from a private parking company and there is no mention of the renter's liability to pay these in the terms of the rental agreement. I therefore disputed this transaction with my credit card company as it breached the terms of the rental agreement.
Further details of the background can be found on pepipoo searching for topic 55259 on the google search at the top of the page.

I received the decision from the credit card company today regarding the disputed payment. They sent me the 'evidence' that they had received from hire company... which no surprise was the same piece of 'evidence' that I sent them in the first place, the invoice from the private parking company.

On calling them, I was told that they are satisfied that the hire company had supplied enough evidence to support this transaction and have closed the case. I explained that the hire company had breached the terms of the rental agreement. They said that their responsibly fell under Section 75 of the Consumer Credit Act 1974, and that it does not apply as the transaction was less than £100. This is despite the fact that the original rental agreement, containing the terms that I quoted, was over £100. They said that as I was not disputing the transaction for the rental agreement, it was sound. The actual amount I wanted to claim back was less than £100 and it was therefore not covered by Section 75.

Is this correct?

I know that I have a separate argument to take up with the hire company and I am more than ready to do so. But would like clarify the credit card company's position regarding it's liability under the terms of the rental agreement. Any advice appreciated.

Hmmm tricky one, I guess I'd argue that you could not have been charged for the Parking notice separately through your credit card without the rental agreement, as such they can't treat it as a separate item as such any Section 75 liability would apply.

gnaril

ok lets get things sorted first.

You paid for car hire over £100 and you recieved that car hire. NO claim under Section 75.

You recieved a bill for under £100 in relation to car parking charges. NO claim under section 75.

When you sign your contract with the car hire company they advise you that they will bill your card for any damage/fees etc. They have done so. There is no breach of contract or misrepresentation and as such you have no claim under Section 75.

Your dispute is simply a matter between you and the merchant involved. The issue with the "unenforceable" car parking fine is something you will need to fight out yourself.

I work with disputes/Section 75. There isnt anything your bank can do in relation to this. There is certainly no chargeback rights in relation to the transaction as you have been supplied evidence of the charge they have levied to your account.


Its as simple as this- The merchant are saying one thing - you need to pay the fine. You are saying that it is unenforceable you need to sort it out - Alternatively take it to small claims court.

All the best