Section 75 denied

flyer

Hi all. long story short, I rented a car in Spain but when I went to collect it I was told I couldn't take it as I did not have an International Driving Permit. I was told the only way I could take it was by purchasing their very expensive insurance at 160 Euros for 5 days. How an insurance policy overrules a requirement for an IDP God only knows. Anyway, I was stuck there with wife kids and suitcases in 38 degree heat so felt I had no choice but to buy the policy.

I have since established that having an IDP is NOT a legal requirement for renting a car in Spain so a made a Section 75 claim to Tesco. They have denied it saying 

• Unfortunately, your claim does not meet the requirements to be reviewed under Section 75 of The Consumer Credit Act 1974.This means we're unable to progress this dispute on your behalf at this time.
• Please note we need to be able to show a clear breach by the merchant to what has been agreed to, to be able to present to Mastercard as a claim

• You do however have further rights as a UK consumer and would urge you to take advice from trading standards, or Citizen advice Burau for your situation.

I have appealed to Tesco as I felt coerced into buying a policy I did not want but they have not responded.

Would welcome your thoughts.

ItsComingRome

So the S75 claim is for the policy?

Who was the rental company?

I don't think you have a claim either.  If the rental company insist you either have an IDP or you take out their insurance policy, that is their prerogative.

eskbanker

Did you book directly with the car hire company (which one btw?) or through an agent of some sort?  Do the Ts & Cs make any reference to IDPs?  Which country's laws govern the purchase?

flyer

I booked the car through a broker, Doyouspain.com, but got it from DelPaso, well known for ripping people off. There was no reference to IDP and I'm guessing it's Spanish law.

ItsComingRome

flyer said:

I booked the car through a broker, Doyouspain.com, but got it from DelPaso, well known for ripping people off. There was no reference to IDP and I'm guessing it's Spanish law.

I think you'll struggle.

No DCS chain (used an agent?)

The other problem as I see it is that they didn't breach the terms of the original contract (which as I see doesn't mention IDP's) they just asked you to show an IDP or pay for the insurance.  You'd have been better refusing and then charging it back or going for S75 for failing to provide you with the car hire as per the T&Cs as they seemingly had no basis to do so (and assuming they did indeed refuse to rent you the car.)

Essentially, as you didn't let them breach the contract, you have no S75 claim.

born_again

Chargeback would fail as they would simply say car was available. 

They could also add customer did not have correct documents.

flyer

ItsComingRome said:

flyer said:

I booked the car through a broker, Doyouspain.com, but got it from DelPaso, well known for ripping people off. There was no reference to IDP and I'm guessing it's Spanish law.

  You'd have been better refusing and then charging it back or going for S75 for failing to provide you with the car hire as per the T&Cs as they seemingly had no basis to do so (and assuming they did indeed refuse to rent you the car.)

Essentially, as you didn't let them breach the contract, you have no S75 claim.

The point is i was stuck on an Industrial Estate with no option but to accept. Surely that's coercion?

flyer

born_again said:

Chargeback would fail as they would simply say car was available. 

They could also add customer did not have correct documents.

I did say there is no requirement for an IDP

Sandtree

You used an agent, S75 claim will likely fail because there is no direct Debtor, Creditor, Supplier relationship but its unclear what you have attempted to claim via the S75... just the cost of the extra insurance?

The issue with the insurance is also going to be is it €160 for a single policy and so above the £100 requirement or 5 lots of €32 in which case the "per item" is below the limit... a lot depends on how its presented on the invoice.

From the sounds of it IDP is not a legal but a contractual relationship hence being asked to pay for the enhanced insurance.

First step would be to ask for clarity on why it doesnt meet the requirement for S75

flyer

Sandtree said:

First step would be to ask for clarity on why it doesnt meet the requirement for S75

I've asked for that

ItsComingRome

flyer said:

ItsComingRome said:

flyer said:

I booked the car through a broker, Doyouspain.com, but got it from DelPaso, well known for ripping people off. There was no reference to IDP and I'm guessing it's Spanish law.

  You'd have been better refusing and then charging it back or going for S75 for failing to provide you with the car hire as per the T&Cs as they seemingly had no basis to do so (and assuming they did indeed refuse to rent you the car.)

Essentially, as you didn't let them breach the contract, you have no S75 claim.

The point is i was stuck on an Industrial Estate with no option but to accept. Surely that's coercion?

I'm fully aware that you were likely going to be put in a bit of a spot, regardless of whether you were on an industrial estate or not.  Even if it were coercion (it's not, you were not forced or threatened) S75 doesn't cover that anyway.