Transaction dispute

meer53

Robisere wrote: »

Traffic Violations abroad: (this is only my own experience)
Some years ago, 3 days from the end of my posting in BAOR, I was "photographed" exceeding the limit, whilst driving on to the Autobahn from a slip road.

The Offence was eventually communicated to me via an MP who called to my home after I had left the army. I told him that I did not have to pay it and he had no powers to enforce the Military notice he had brought. He left. Some weeks later, a civil policeman arrived to serve a European notice of prosecution. I told him that I had taken legal advice and that the British Goverment would have to provide me with Legal Aid and expenses to travel and reside in Germany whilst the case was brought to court. That was the last I ever heard of it.

How can the laws have changed, to the point at which you can be fined at long distance for a simple traffic offence committed in another country, which you are not even aware you have committed? Surely an offender has a legal right to be made aware of the offence he/she has committed, and the details? Where is the defence against such an alleged offence?

It's the same as being snapped by a speed camera here, you have no idea you've been caught until you receive the fine. Then you have to option to pay it or dispute it. If you were driving the car at the time the photo was taken, whats to dispute ?

Robisere

Meer, you don't get it.

In the event of a speeding (or other) traffic violation in the UK, a Notice of Prosecution is issued. This contains the information necessary for the offender to attend court and submit a defence, should he/she wish to do so. That is the root and branch of justice and the law in England and Wales. You will have the option within that step, to view the evidence, in the case of a speeding offence that will be a photograph or photographs.

If the offender admits to the charge and wishes to enter a Guilty plea, the form within the Notice of Prosecution is used to complete details and send to the Constabulary address, in order to affirm this.

In the case of an alleged similar offence committed abroad and communicated to the alleged offender simply as a charge, without details of the alleged offence, this process is bypassed. I maintain that this is contrary to law. It may in itself be an offence. If it happened to me, you can be damned certain that I would fight it.

dic-w

Every1 seems to have gone off on a tangent here.
Lets forget what the charges are about for the moment, my main question is-

If a company debits your card for a transaction that you never recieved a bill for, are you within your rights to refuse to pay the charge until you at least recieve a bill explaining what the charges are for?

I dont find this an unreasoable request, do you?

Ben8282

1. If the car hire company has responded and the credit card company have re-instated the charge, then the car hire company must have provided your credit card company with some justification. Ask them what the car hire company have said.

2. It is not unknown and has happened to me for a car hire company to (accidentally) bill the credit card used as security at the beginning of the rental when the rental was actually paid by other means (such as cash). The excuse given is accounts department error.

Ben8282

dic-w wrote: »

Every1 seems to have gone off on a tangent here.
Lets forget what the charges are about for the moment, my main question is-

If a company debits your card for a transaction that you never recieved a bill for, are you within your rights to refuse to pay the charge until you at least recieve a bill explaining what the charges are for?

I dont find this an unreasoable request, do you?

In theory yes, but in practice you should follow your credit card issuers disputes procedure. As I said in previous post, if the dispute has been resolved in the car hire company's favour, your credit card company will explain why and provide the justification used by the car hire company.

dic-w

I have contacted my cc and am awaiting both a letter & phone call from the disputes dept. Will wait and see what they say.

Wondering what my rights are say that they send me bill & I still dont agree with it. Should I refuse to pay my cc bil or should I pursue a refund fom Budget?

The stuborn part of me say f**k them both & refuse to pay. The more sensible part of me thinks just pay the bill & pursue Budget.
I dont have a problem paying any money that I genuinely owe, I but I have no reason to believe that I owe Budget anything. I have been going to florida for years & have never had any problems with rentals.

meer53

You have done the right thing by disputing it. As you have now been re debited, it means that your card issuer has been advised by the retailer what the debit is for. Before sending anything to the FOS, contact them to see what the debit relates to. They should really have sent you a copy of whatever the retailer has sent them, how long is it since you were re debited ? If it's only recently, this info might be on it's way to you.

meer53

Robisere wrote: »

Meer, you don't get it.

In the event of a speeding (or other) traffic violation in the UK, a Notice of Prosecution is issued. This contains the information necessary for the offender to attend court and submit a defence, should he/she wish to do so. That is the root and branch of justice and the law in England and Wales. You will have the option within that step, to view the evidence, in the case of a speeding offence that will be a photograph or photographs.

If the offender admits to the charge and wishes to enter a Guilty plea, the form within the Notice of Prosecution is used to complete details and send to the Constabulary address, in order to affirm this.

In the case of an alleged similar offence committed abroad and communicated to the alleged offender simply as a charge, without details of the alleged offence, this process is bypassed. I maintain that this is contrary to law. It may in itself be an offence. If it happened to me, you can be damned certain that I would fight it.

Budget will have received all this documentation already as they are the owner of the vehicle. This should then be passed on to the hirer. Whether Budget have done this, we don't know do we ?

SuperHan

Have you contacted Budget to ask why they have charged you?

Maybe a bill was sent and you just haven't received it yet. Maybe it was in the T&C a bill would only be provided on request. It would make more sense to me to try and rectify the reason for the charge with Budget themselves, especially considering that the CC have determined it a legitimate charge...

dalesrider

dic-w wrote: »

Every1 seems to have gone off on a tangent here.
Lets forget what the charges are about for the moment, my main question is-

If a company debits your card for a transaction that you never recieved a bill for, are you within your rights to refuse to pay the charge until you at least recieve a bill explaining what the charges are for?

I dont find this an unreasoable request, do you?

So who is providing the card. Visa or mastercard???

I can see where you are comming from, but when you sign the T/C on hiring a car. They have it written that you can be billed for charges that are presented afterwards. It maybe in there, that they won't send any bill relating to this. As you are the only person who will have read them here. Only you can answer that question.

So I simply refer you back to my previous post with information on how to take it forward.

Ask your card provider for a copy of the voucher provided.

FOS won't be interested at all in a case like this.