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MSE News: Some credit card users STILL being charged despite ban

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  • d123
    d123 Posts: 8,718 Forumite
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    I am trying to get a flat in London and noticed that on the invoice they will charge 2% for credit cards. This amount covers one month's rent, six month's deposit and agency fees so is quite sizeable. Is charging for credit cards illegal under these new laws? Note the estate agent is a company, it is not direct with the Landlord.

    Start by reporting the company to the Trading Standards local to them.
    ====
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    Is charging for credit cards illegal under these new laws?
    Given the title of the thread, what's your best guess?
  • Chrysalis
    Chrysalis Posts: 4,528 Forumite
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    Given the title of the thread, what's your best guess?

    I think the question is reasonable, so many laws have loopholes which the agent may have found one to exploit.
  • glider3560
    glider3560 Posts: 4,115 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I use a car park owned by Guildford Borough Council. There is one parking meter accepting cash only. To pay by card, you have to call RingGo, who charge a 19p "convenience" fee.

    Given the only way to pay by card is to pay a "convenience fee", would this count as a card payment surcharge and therefore be subject to the regulations?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    glider3560 wrote: »
    I use a car park owned by Guildford Borough Council. There is one parking meter accepting cash only. To pay by card, you have to call RingGo, who charge a 19p "convenience" fee.

    Given the only way to pay by card is to pay a "convenience fee", would this count as a card payment surcharge and therefore be subject to the regulations?

    This is interesting and could be a useful loophole for merchants. I suspect that RingGo are acting as agents and on balance the arrangement breaches the regulations. But what if they weren't? What if are selling a you the space instead of Guildford, so effectively you have a choice of suppliers?

    I raised this possibility earlier. You can imagine holiday companies operating through two retailers: "Sunny Holidays Cash Ltd" and "Sunny Holidays Credit Cards Ltd" where each only take one method of payment and the CC outlet charges 3% more. This did happen before with CC acceptance in order to avoid VAT.
  • Tried to book flights with Opodo. As soon as I entered my mastercard details the price went up. When I clicked on 'price breakdown' they even had the nerve to state paying by mastercard was free.

    Clearly it wasn't. It looks like they offer a 'discount' if you don't use a credit card. But that to me means they are still charging you depending on payment method. I thought the law was very clear on this.

    It's illegal. Who can I report this to?
  • eskbanker
    eskbanker Posts: 35,922 Forumite
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    tastyfish wrote: »
    Tried to book flights with Opodo. As soon as I entered my mastercard details the price went up. When I clicked on 'price breakdown' they even had the nerve to state paying by mastercard was free.

    Clearly it wasn't. It looks like they offer a 'discount' if you don't use a credit card. But that to me means they are still charging you depending on payment method. I thought the law was very clear on this.

    It's illegal. Who can I report this to?
    Trading Standards.

    It's not necessarily a card surcharge as such though, there have been numerous previous reports of price increases after the initial fare display, such as:

    https://forums.moneysavingexpert.com/discussion/5262645/opodo-extra-charge
  • eskbanker wrote: »
    Trading Standards.

    It's not necessarily a card surcharge as such though, there have been numerous previous reports of price increases after the initial fare display, such as:

    https://forums.moneysavingexpert.com/discussion/5262645/opodo-extra-charge

    It is a card surcharge.

    They are charging "free" to use a credit card, and offer a £xx.xx discount to use Debit Card, which constitutes a card surcharge.

    A discount for paying by Debit Card constitutes a card surcharge on a Credit Card, thus, Opodo are breaking the law.
  • eskbanker
    eskbanker Posts: 35,922 Forumite
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    It is a card surcharge.

    They are charging "free" to use a credit card, and offer a £xx.xx discount to use Debit Card, which constitutes a card surcharge.

    A discount for paying by Debit Card constitutes a card surcharge on a Credit Card, thus, Opodo are breaking the law.
    Yes, I agree that offering a discount on non-CC payments is equivalent to a surcharge on CC payments!

    The poster referred to 'discount' (in quotes) which implied to me that it wasn't an explicit discount as such, so as I read it, the scenario is that referred to in the other threads, i.e. price increases applied at the point of committing, which aren't necessarily indicative of card surcharges as such.

    But if your middle statement is factual (i.e. that it can clearly be demonstrated that paying with different payment types results in different prices) then yes, that would undoubtedly be unlawful....
  • callum9999
    callum9999 Posts: 4,419 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    eskbanker wrote: »
    Yes, I agree that offering a discount on non-CC payments is equivalent to a surcharge on CC payments!

    The poster referred to 'discount' (in quotes) which implied to me that it wasn't an explicit discount as such, so as I read it, the scenario is that referred to in the other threads, i.e. price increases applied at the point of committing, which aren't necessarily indicative of card surcharges as such.

    But if your middle statement is factual (i.e. that it can clearly be demonstrated that paying with different payment types results in different prices) then yes, that would undoubtedly be unlawful....

    Most of these slightly more obscure online travel agents do this. It's not specifically debit card vs credit card, it's generally one single type of card. I'd imagine they'd therefore argue it's a promotion and not a card charge.
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