Section 75 Nightmare !

Stingerman

Hi,

I rented a car for my sister in law's wedding last year in Athens through a broker online and paid by paypal.

We arrived in Athens and picked up the car - the agent took my Egg card details as a "security".

I returned the car at the end of the trip and we walked round the car which she agreed was fine and ripped the slip up and gave to me which I binned at the airport.

I returned home to find that 700 Euros was taken from the card. I called the company who fobbed me off three times so I contacted Egg. After nearly 8 months Egg have refused to refund under Section 75. I did not authorise this transaction at all and need advice as to what to do now!

Can anyone help?

Thanks

jonesMUFCforever

Pay up unless you want to go to court in Greece - if you have no proof that the car was returned undamaged you have no claim under s75.
You could raise a formal complaint against Egg and eventually take the complaint to the FOS but you still have no guarantee of success.

welshmoneylover

Stingerman wrote: »

Hi,

I rented a car for my sister in law's wedding last year in Athens through a broker online and paid by paypal.

We arrived in Athens and picked up the car - the agent took my Egg card details as a "security".

I returned the car at the end of the trip and we walked round the car which she agreed was fine and ripped the slip up and gave to me which I binned at the airport.

I returned home to find that 700 Euros was taken from the card. I called the company who fobbed me off three times so I contacted Egg. After nearly 8 months Egg have refused to refund under Section 75. I did not authorise this transaction at all and need advice as to what to do now!

Can anyone help?

Thanks

What slip did you rip up? Was it the one confirming the car was fine when you dropped it off? If so, you could be screwed mate, best to always take pics with your phone too.

PNPSUKNET

no evidence = bill its like our friends as drive assist

Stingerman

The rental agent ripped up the slip and gave me the pieces!

I cant believe this as they took the money off the card with no authorisation !
I'll make a complaint to Egg if this is the best course of action?

ILW

You in effect gave them authorisation when you gave them your card details.

YorkshireBoy

Stingerman wrote: »

I'll make a complaint to Egg if this is the best course of action?

Is it really a section 75 issue though?

I think I'd have been inclined to go the 'chargeback' route myself. However, I believe there's a 120 day limit for that so you may not be able to use that now.

For future reference, the moment you have an 'issue' with a financial institution you should invoke their complaints procedure (max 8 weeks to resolution/FOS referral). Had you done this 8 months ago you'd have had a FOS adjudication by now

gnaril

Will give a little insight as i deal with disputes and Section 75 claims.

POTENTIALLY there could have been a chargeback available on this disputed charge for car rental damages. I will get onto that in a minute You did authorise them to bill your card when you entered into a rental agreement so get that idea right out your head. Its standard on EVERY rental agreement.

You have no claim under Section 75 from what you have advised, you have no confirmation that the car was returned in good order and therfore the charge should not be on your account. FOS or not you aint winning your case even if you pursue it down this angle. ALso not sure how this addendum charge was billed if it was thru paypal aswell. i doubt it but if it was paypal your screwed instantly.

Without knowing everything as your post is quite short.

Potentially could have chargedback the transaction under reason code 4859 rs7 unauthorised addendum charge. This would have resulted in the merchants aquiring bank having to provide EGG with documenentation to substanciate the charge. Also potential pre-compliance rights against the merchant as they may/may not have been able to provide the required documentation to substanciate the damage/report/invoice etc for repair.

This is likely your best angle because if the bank didnt use the chargeback scheme for you providing you contacted them or provided them with the required info in time then FOS have ruled in the past that the complaint should suceed due to the bank not pursueing the chargeback avenue even thought potentially it would have little chance of sucess.

Gotta love how everyone on here is straight onto complain and go to FOS when they mostly aint got a leg to stand on. Take the advice above or dont thats my take on it anyways.


All the best.

Stingerman

Thanks,

I have complained to them as the evidence provided by the car hire company to substantiate the claim conflicts with an email that I have as the state the claim was for "different damage" to the car.

I'm not sure if it will be enought but I'm going to try as I am pulling my hair out!

lisyloo

I know this won't help you, but advice to others

1) Keep the paperwork showing the car was returned intact (yes I know it's hard in a foreign language).
2) Take photos, inside and out when you return the car
3) check the car before you pick it up and note and scratches - also take a picture
4) consider using a reputable english company for the booking
5) consider other transport options if there is a choice