Chargeback Reversal

monkeyt

Seems I am pretty much screwed then?
In my eyes, there was certainly "misrepresentation". When I booked the car, CarDelMar told me it was all-inclusive, that´s why I booked it.. It cost 344.50€ payable in advance, if I had known that the car hire provider was going to charge me a further 556.39£ then obviously I would have never booked the car, how ridiculous that the AVIS/Budget "extra fees" are so much more than even the "fully inclusive car hire". 
Based on the facts may be AQUA should be (at the least) charging back the original CarDelMar payment of 344.50€ as they basically provided me with nothing. If one of the payments is legit then the other isn't, in my opinion. I´ve basically been charged twice (and more than twice as the second payment was much more than the first).

monkeyt

born_again said:

FOS fee is fixed ( and no it can be passed to you if you lose). There is no legal side to it. FOS look at the evidence from the bank & you. Then make a decision. Remember if the bank has done anything wrong procedural wise. Its a shoe in win.

Is there anything I should look for procedural wise? I want to ensure I give everything I can to the FOS...
Is there maybe a procedure list I can look at somewhere?

What about the fact that AQUA did not tell me they were going to debit my account again because the Merchant disagreed with the chargeback... Aqua say they sent me a letter but they did not, they also said that all letters regarding the account will be in my online account manager app, which again, they are not.

born_again

monkeyt said:

Seems I am pretty much screwed then?
In my eyes, there was certainly "misrepresentation". When I booked the car, CarDelMar told me it was all-inclusive, that´s why I booked it.. It cost 344.50€ payable in advance, if I had known that the car hire provider was going to charge me a further 556.39£ then obviously I would have never booked the car, how ridiculous that the AVIS/Budget "extra fees" are so much more than even the "fully inclusive car hire". 
Based on the facts may be AQUA should be (at the least) charging back the original CarDelMar payment of 344.50€ as they basically provided me with nothing. If one of the payments is legit then the other isn't, in my opinion. I´ve basically been charged twice (and more than twice as the second payment was much more than the first).

They did the chargeback and it was rejected by the retailer. As is their right under the card regulations.
Problem with many of these is while it's stated as "All Inclusive" by the website's. When you get to pick up the car, they want to sell their own excess ins. Which is often what the charge is or for things like child seats or upgrades as the car booked is not available (Mmm)
The crux is knowing just what they said this charge is for. If they did not provide a reason, then it should have been rejected by Aqua.
TBH, in these type of situations we always just send out the doc's received to customers and let them come back to us. As in most cases they realise what the charge is for.
All you can do is set out your case on the, what you feel is a unfair charge. FOS will then look at it and make a judgement. 
While it has taken a long time to get where you are now. It looks like (from what you have posted) that Aqua have done all they can.

But keep at it and let FOS make a decision.

monkeyt

Since my last post I made a last ditch attempt with Aqua to try and resolve this without the FOS. Unfortunately  (although not surprisingly), even though 8 weeks have passed since that, Aqua have failed to reply so I made the complaint to the FOS (as I want to ensure I am within 6months of the last Aqua letter...). I have submitted to the FOS and now wait.

Is there anything I should be specific to detail with the FOS, like any procedure that Aqua have flouted for instance, or with the FOS pick up on anything like that without being told?

That´s assuming I am able to state more of a case at some time, if they ask for more information? I´ve already given the FOS as many details as I can, including 10 scans of evidence originally given to Aqua - I think procedurally Aqua have acted incorrectly, for one by not informing me of the charge-back reversal which they made without my prior knowledge, I´m sure there are other things they´ve not done properly too (like not replying at all to a formal complaint, as another example).

Maybe there is a list of formal procedures somewhere, that they have to follow, I can check against this list?

Thanks all. Hopefully it goes my way, i´ll update whatever the case, I hope this thread can be a help to others if they are in similar situations with credit card companies.

born_again

monkeyt said:

Maybe there is a list of formal procedures somewhere, that they have to follow, I can check against this list?

Each bank works to their own procedures.

All you can do, and it sounds like you have is to just lay out the facts. FOS will contact Aqua for their side of the story and what exactly they did, or did not do.

Good luck.

monkeyt

born_again said:

monkeyt said:

Maybe there is a list of formal procedures somewhere, that they have to follow, I can check against this list?

Each bank works to their own procedures.

All you can do, and it sounds like you have is to just lay out the facts. FOS will contact Aqua for their side of the story and what exactly they did, or did not do.

Good luck.

OK. Thank you for confirming. 

eskbanker

born_again said:

monkeyt said:

Maybe there is a list of formal procedures somewhere, that they have to follow, I can check against this list?

Each bank works to their own procedures.

All you can do, and it sounds like you have is to just lay out the facts. FOS will contact Aqua for their side of the story and what exactly they did, or did not do.

Good luck.

Although banks will have their own detailed procedures, there are various standards that they have to meet, so if OP is minded to go looking for breaches then there are documented practices that Aqua are required to comply with.

I'm thinking here of the likes of the FCA's regulations about complaint handling at https://www.handbook.fca.org.uk/handbook/DISP/1/6.html (and other pages at https://www.handbook.fca.org.uk/handbook/DISP/) but there will doubtless be Mastercard scheme rules outlined in documents like https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

monkeyt

Oh, that´s great, thanks so much...

penners324

Surely your contract for car is with Car Del Mar and not Budget? I would be raising the second payment as a fraudulent transaction with credit card provider.

monkeyt

penners324 said:

Surely your contract for car is with Car Del Mar and not Budget? I would be raising the second payment as a fraudulent transaction with credit card provider.

Hello,
Exactly, that´s how I see it too. The original charge by CarDelMar stands and was not contested, I contested the second payment by Budget as unauthorised.