Chargeback Reversal

born_again

eddddy said:

lr1277 said:

I don't know about Aqua but my credit card company has something like a 100 or 180 day limit on S75 transactions.  Again I can't remember if this counter started at the transaction date or the date whatever was meant to be supplied. But if the time limit rule applies then it looks like the S75 claim might be out of time.

Also I expect with the name S75, this is from the clause in the relevant law. So it may not just be my credit card company that has this time limit. Perhaps the OP should ask Aqua about time limits on S75 claims.

s75 (Section 75 of the Consumer Credit Act) makes the credit card company jointly liable for 'Breach of Contract' (or 'misrepresentation'). 

The law relating to contracts in England/Wales allows you up to 6 years to make a claim for 'Breach of Contract', so that 6 year limit applies to s75 claims as well.

But in this case, the car was hired in Switzerland, so the OP needs to check if the contract is governed by Swiss law or the law of England/Wales.

If it's governed by Swiss law, the OP would need to show that there was a 'breach of contract' under Swiss law (and different time limits etc might apply).

Makes no difference where they payment is made or company is based.
Also from experience S75 & car hire is destined to failure due to the lovely cover all T/C car hire co's have.
It could be possible that Hire co have picked the wrong person to bill (by name) or that they have found damage afterward (very common)
It may be worthwhile the OP also going via this ite
https://www.ecrcs.eu
As they can make a binding decision on the car hire co.

monkeyt

born_again said:

monkeyt said:

Is it worth using the "resolver.co.uk" website? 
Is there anything I should 100% make sure I mention in any further letters to Aqua?

Why?
Op is already dealing with card company & has a complaint outstanding. Why involve a 3rd party?

I just thought that Resolver may help it as they are completely ignoring my own attempts at the complaint. Is Resolver a stronger route, that was my basis for the question.
Thanks to all. I am getting a clearer picture and now will send another formal complaint to Aqua.

born_again

monkeyt said:

born_again said:

monkeyt said:

Is it worth using the "resolver.co.uk" website? 
Is there anything I should 100% make sure I mention in any further letters to Aqua?

Why?
Op is already dealing with card company & has a complaint outstanding. Why involve a 3rd party?

I just thought that Resolver may help it as they are completely ignoring my own attempts at the complaint. Is Resolver a stronger route, that was my basis for the question.
Thanks to all. I am getting a clearer picture and now will send another formal complaint to Aqua.

Your card provider CAN NOT ignore a complaint. FOS would have them over a barrel for that. Even if you phone and mention the word "Complaint" they have to log it. Or it is a breech of regulations.
If they are doing that then contact FOS and inform them.
I have heard of resolver being banded around. But you are far better dealing with it yourself, than a 3rd party.

monkeyt

Obviously I already have a complaint in progress but is there anything I should certainly include in my new letter to them? Certain terminology or insistence?

born_again

monkeyt said:

Obviously I already have a complaint in progress but is there anything I should certainly include in my new letter to them? Certain terminology or insistence?

I would wait and see waht they come back with. As I said previously. They will have received documents from Hire co with the reason why they have rejected. (could be they can't read them)
When they contact you, if you are not happy give them the info to chew on again.

Streaky_Bacon

born_again said:

I have heard of resolver being banded around. But you are far better dealing with it yourself, than a 3rd party.

I've personally had some success with Resolver with both a s75 and a chargeback and have found it quite useful. I've never had to escalate to the FOS but my understanding is that the FOS will accept an escalation through Resolver with all the case attached, which might be useful.

I would say with the chargeback I actually initiated it over the phone, but when they didn't get back to me, I sent a Resolver case with all of the documents attached, and when I did finally speak with somebody they found all the documents attached to the case.

My only hesitation with Resolver is putting potentially financially sensitive information in the hands of a 3rd party. In both of my CC cases that wasn't an issue.

born_again said:

I would wait and see waht they come back with. As I said previously. They will have received documents from Hire co with the reason why they have rejected. (could be they can't read them)
When they contact you, if you are not happy give them the info to chew on again.

They are supposed to only reverse a chargeback if the merchant provides sufficiently compelling evidence to dispute the chargeback.

They shouldn't be upholding the merchant's defence if they can't even read it.

Life__Goes__On

"

monkeyt said:

Obviously I already have a complaint in progress but is there anything I should certainly include in my new letter to them? Certain terminology or insistence?

I would try this
https://www.which.co.uk/consumer-rights/letter/letter-of-deadlock-request-before-going-to-the-ombudsman

Streaky_Bacon

Life__Goes__On said:

I would try this
https://www.which.co.uk/consumer-rights/letter/letter-of-deadlock-request-before-going-to-the-ombudsman

One thing to consider is that the OP doesn't need a deadlock letter or final response, because it seems that it has been over 8 weeks since the last communication.

If the OP does send a letter it may just stretch things out even more.

I would say better to escalate now, rather than have it drag on any longer, at least then the FOS process is underway.

monkeyt

jonesMUFCforever said:

Life Goes On - why S75?
The insurer is claiming damage to the car so this is a dispute -IMO S75 does not come into it.
The OP should continue with his complaint and if necessary go to the ombudsman. It would cost £550 to go to a full decision with the ombudsman or it will cost them £556 to settle without prejudice. So they will settle in the end as it will cost them either way - unless of course the hire company come up with proof of the damage to the car. 

I´d like to follow up and fully understand what is said here... If it's going to cost them 550£ as a minimum (and even more if they lose, as I assume the costs will be the same plus the amount they have to give me back) that it would be in their interests to just settle it outright before it even gets to the FOS. I just want to be sure that you mean that if it goes to FOS then they incur fees whatever the end decision, is it a fixed 550, is that for legal fees or what? 
Cheers all!! 

Life__Goes__On

Streaky_Bacon said:

One thing to consider is that the OP doesn't need a deadlock letter or final response, because it seems that it has been over 8 weeks since the last communication.

If the OP does send a letter it may just stretch things out even more.

I would say better to escalate now, rather than have it drag on any longer, at least then the FOS process is underway.

I can see both sides
A LoD might focus their attention.
or straight to Ombudsman  might work better.