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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 15:14 - 29 Apr 2009 Post subject: Visa con in Tenerife. *Help required* |
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Folks.
Ok, first of, I did a search and nothing useful came up so I'm posting now.
My dad came back from tenerife 4 or 5 weeks ago, he was in a shit state, turns out he suffered acute liver failure. Anyway, he's now back home and recuperating slowly.
While away he bought me a digital camera and photo frame and to say he's been diddled is to understate the case considerably. I know photo frames can be had for around £40 but the camera is harder to price, its a Yashica (I know, but my dad doesn't) Hi Def digital camcorder with SD card slot and other bits and bobs. At best; I'd say £200.
Anyway, he paid by visa and has been done to the tune of 1811 euros. There are two visa printed receipts and a written receipt with the shop stamp on, (details available on request.)
He paid by Visa and has obviously been horribly over charged. Looks like 833E for the camera and 978E for the photo frame and 3 spare 1gig SD mem cards.
Crucially, on the reciept there is stamp saying "All confirmed; prices and products" My dad has signed this.
He's not technologically enabled in any way. He's the kind of guy who still marvels at mini radios, the internet is completely alien to him. He knows he bought a camera but thinks the photoframe is some sort of net book...
Anyway, I'll be trawling the internet looking for info but if any of you bright people have anything useful* to add, I'd be grateful.
To summarise:
Dad
Tenerife
Conned
Visa
1811 Euros
Thanks in advance.
* Messages telling me how stupid he was don't come under this heading. He's 65, a luddite and recently nearly died. Ta. ____________________ Didn't catch anything.
Last edited by pa_broon74 on 16:41 - 29 Apr 2009; edited 1 time in total |
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| Mr.Everready |
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 Mr.Everready World Chat Champion

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| pa_broon74 |
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 pa_broon74 World Chat Champion

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| Mr.Everready |
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 Mr.Everready World Chat Champion

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 15:46 - 29 Apr 2009 Post subject: |
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I haven't been able to find a price, I'm at work just now and I think the model no. they've written on the receipt refers to the frame, not the camera.
I'll check the camera when I get home. Being honest, I can't see it being 833 euros. The guy probably saw an easy mark and thought "i'll just go for it."
The camera isn't on the Yashica Website, one similar to it is but it doesn't do HD or have the motion sensor thingy on it. I looked around and sure enough, this kind of con goes on in Tenerife around CC Veronicas.
Apparently they sell you a camera then stick a lesser model in a bag for you. He did get a rather charmig red mini rucsac thing for it, but the camera does seem to match the on-CD manual that came with it.
I think he's just been horribly over charged. I don't have to go on over there and open a can of whoop-ass on 'em...
 ____________________ Didn't catch anything. |
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| Mrs Kickstart |
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 Mrs Kickstart Brolly Dolly
Joined: 06 Apr 2004 Karma :  
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 Posted: 17:47 - 29 Apr 2009 Post subject: |
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Hi
If you has signed a reciept with the price he was charged on it I dont think there is a lot you can do.
I doubt visa will help as it was a valid transaction and going to trading standards/police over there is likley to be long winded.
Regarding visa he could give you permission to deal with it on his behalf.
However no doubt he was trying to buy you a nice present so may be you need to just keep quiet about it and not make him feel bad for being done when there is nothing you can do about it.
My parent when to spain a few years back with strict instruction not to buy a timeshare, they came back with a timeshare.....
Regards
Charlotte ____________________ Help fight the safety camera partnerships -- www.pepipoo.com |
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| njd27 |
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 njd27 Trackday Trickster
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 Posted: 18:12 - 29 Apr 2009 Post subject: |
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| growler |
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 growler Traffic Copper

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| colin1 |
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 colin1 Captain Safety
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| iooi |
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 iooi Super Spammer

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| pa_broon74 |
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 pa_broon74 World Chat Champion

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| iooi |
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 iooi Super Spammer

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 23:10 - 29 Apr 2009 Post subject: |
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| Quote: | 75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. |
Purely for information purposes, this is the meat of section 75 of the consumer credit act.
Exclusions:
| Quote: | (3) Sub-section (1) does not apply to a claim:
(a) under a non-commercial agreement, or
(b) so far as the claim relates to a single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000.
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Section 75 of the consumer credit act supercedes any in house rules visa have. Arguably there was a misrepresentation of the goods, specifically; the value there-of.
I have a friend who is a lawyer, I'll need to check in with him.
Ta.
Edit **Looks like his Government pension has tipped him into the lower tax band. I don't mind saying, that is tight as hell. He has a 9k Gov pen plus 5k pri pen. 20% on the diff beyond 9k (or there abouts) cunningly including anything above the state pension level. Gordon Brown has much to answer for.** ____________________ Didn't catch anything. |
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| iooi |
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 iooi Super Spammer

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 23:40 - 30 Apr 2009 Post subject: |
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I would agree if it was a little over the odds. But 1000 euro's for a digital photo frame is clearly a misrepresentation of its true value.
That part of the transaction was run through the machine with the card not apparently present. (No pin required.)
For information, the point of Section 75 is that it extends UK standards in terms of purchasing (when goods are paid for with a credit card) to any where else in the world.
So, the sale of goods act for example and all your statutory rights are still valid even if you bought the item in a souk in Egypt.
And finally, as far as I can figure. If you buy something and its misold, (ie, the spec isn't as described,) this is covered by breach of contract under the sale of goods act. However, if its an over charge, then its covered by the consumer protection act 1987 part three... (I tried to read it, but its in legalese on wikipedia.) Basically, if the say its 50p then charge a pound, its an offence (or fraud.) Section 75 kicks in at that point...
As far as I can figure anyway...
 ____________________ Didn't catch anything. |
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| s44678 |
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| The Disapproving Brit |
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 The Disapproving Brit World Chat Champion

Joined: 10 Sep 2008 Karma :     
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 Posted: 00:14 - 01 May 2009 Post subject: |
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This is probably your best bet. If you have contact details for the company, call them and tell them the camera is broken. If you don't, contact VISA and tell them the same thing - they're just as liable as the person who sold it you your dad. They're also far less likely to get into a debate about it, when they can just issue a chargeback and have done. ____________________ Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13 |
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| iooi |
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 iooi Super Spammer

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| pa_broon74 |
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 pa_broon74 World Chat Champion

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 Posted: 16:02 - 01 May 2009 Post subject: |
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| iooi wrote: | | timbstoke wrote: | They're also far less likely to get into a debate about it, when they can just issue a chargeback and have done. |
There are many regulations that the card providers have to work within, and a charge back cannot simply be done outside of the regs, and without the necessary docs.
Rather than take advise form a internet forum where very few people have actual knowledge, talk to the card provider and see what they say.
If you dad is not upto it, or does not want to, then there is not a lot you can do. Just remember it is his money and his chioce. |
Don't want to start a heated debate, but how can you on the one hand say, 'don't take advice on an internet forum' and then say 'if you're dad isn't up to it, its tough.' You're basically saying don't take advice on an internet forum because its invariably bad, then giving bad advice.
I asked because there are those on here (like Itchy for example) who are switched on when it comes to these things.
If anyone has any idea, I'll look into them in more detail.
 ____________________ Didn't catch anything. |
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| iooi |
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 iooi Super Spammer

Joined: 14 Jan 2007 Karma :    
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 Posted: 21:14 - 01 May 2009 Post subject: |
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| pa_broon74 wrote: | I asked because there are those on here (like Itchy for example) who are switched on when it comes to these things.
If anyone has any idea, I'll look into them in more detail.
 |
Fair do's.. Didn't know itchy did this for a living, as i do.
Its just there is a lot of very bad advice out in internet land, i often have to bring people down to reality. It not nice having to tell people that all that advice they have been given is no good...
Far better to start of with low expectations, than think you will get it back, only to find 6 months later you won't get a penny.
Contact the card provider, but i don't think you will get far, even under a CCA claim.
As you say your father is not a well person and this will only cause him more stress, which he will not need.
One's health is far more important than money.
I wish you luck, and hope your father gets better  ____________________ Just because my bike was A DIVVY, does not mean i am...... |
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| Stoo |
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 Stoo PoshBoy
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| damz |
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 damz World Chat Champion

Joined: 15 Jul 2007 Karma :  
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 Posted: 23:06 - 02 May 2009 Post subject: |
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| Growler wrote: | we unfortunatly had a simular prob in Lanzarote but were able to go back to the store and deal with it which meant kicking the door shut on his mates and doing my best impression of a pycho!
Lots of things I could say about what your dad should have or could have done but I wasn't there!
I hope you get it sorted and your dad recovers ok |
out of curiousity which shop was this? i used to live there and visit regulary. if its puerto del carmen or costa teguise and was one of those shops with everything in glass cabinets and owned by *ahem* asians then you have to be incredibly cautious.
general tips for shops in lanzarote and canary islands
* take it out the box in the shop and check to see if it works before you hand over cash, an honest place will allow this as they dont care about seals being broken if it makes a sale.
* compare the shops, there are so many in such a short distance, on the beachfront of puerto theres at least one every 15metres. some will charge a lot.
* bigger is better, the bigger the shop the better it is likely to be, the bigger business's are under more pressure from the authorities not to rip off tourists and are generally named and shamed if they do wrong. the smaller shops dont have names so naming and shaming doesnt work.
*go to arreciffe, generally speaking in lanzarote the best place is arreciffe to buy stuff, might be a bit more expensive but the places are far better quality and much nicer. this is generally for electrical goods as that is what i buy most when im over there. for booze the tourist area's are best as they got some leathal stuff there.
* ALWAYS pay by cash, only by card if its a stupid ammount of money and then make sure its the correct ammount. try and use a credit card are you have more support, if its your own money your bank wont give a shit.
*do your research, know wot your buying and you'l avoid getting ripped off. i found this out when they tried to pass off a japanese gameboy game as a uk one
remember these islands are not restricted by EU rights, even though its own by spain its outside the economic zone.
in this case it might be worth a try contacting the local authorities, they will side with tourists as they are the lifeline of the islands and if they have had other complaints they will likely act quite quickly. if not go over there for a few days, flights are cheap at the moment, you could pop over for the weekend. you could always claim your card was stolen and the signature was forged..... ____________________ Current Bikes RVF400 - 94
Cars: RX7 FD, Eunos Roadster
Former Bikes: FZR 250R 89, ZX7R 98 |
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| iooi |
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 iooi Super Spammer

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| pa_broon74 |
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 pa_broon74 World Chat Champion

Joined: 28 Mar 2006 Karma :     
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 Posted: 16:13 - 04 May 2009 Post subject: |
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Hi.
We've been in touch with Halifax and predictably they're being obtuse. Because my dad apparently authorised each transaction with his PIN, they're saying according to their T&C's, they aren't liable.
Thats not strictly true though as their T%C's don't supercede uk law. If for example there has been a fraud, section 75 still cover it.
I've just been trying to get my head round how its happened.
Now, when I ask him he gets all wooly and confused, he remembers signing the receipt and is invariably sure there was no total on it. He's adamant that he only spent 'about 800 euro's.'
So:
One printed receipt for 978E time stamped 14:37 with the text 'No refund' and 'Operacion con PIN firma no necesaria.' Basically, pin no authorisation 'nonnecessary.'
Another different printed receipt for 833E time stamped 15:14
A written receipt with 833 then 88 which has had the first '8' over written with '97' giving '978' then a total at the bottom for 1811 euro's.
There are some other bits and bobs written on it, (namely the two visa transactions.) Which my slightly scattered brained dad swears weren't there when he signed it.
What confuses me is the times on those printed receipts, I can't work it out. He'd never spend that amount of money anyway, I can understand him taking 30 odd minutes to decide on spending 88 (or 978) euro's but to stay for another 30 odd minutes to spend another 833E?
I reckon the shop are operating a ghost till under the counter, all I can think off about the times is that one of the machines is set incorrectly.
I tried to ask my dad if perhaps they took his card and said they'd made a mistake with the transaction and needed him to put his pin in to cancel it (he'd probably fall for that,) but he can't remember.
I also tried to ascertain how long they had his card for or if he had to give them it twice. He said (with reason) even he'd remember if they had it for 40 odd minutes and that, no, he doesn't remember doing two transaction.
I don't have a credit card, but could they have run it through the machine that first time as a 'card not present' transaction? Halifax are saying his pin went in for both transactions though..
Sorry if I seemed snippy before with your post iooi, its just he's still very ill and not really set up to take this hit financially or physiologically. I take your point about not getting hopes up, (this was underlined after speaking to Halifax. )
Its too much money to let go though, I haven't even checked if the stupid photo frame thing works... I'm seeing a solicitor on Wednesday I know who's very sharp, hopefully he'll be able to help out.
Cheers folks.
 ____________________ Didn't catch anything. |
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 20:39 - 04 May 2009 Post subject: |
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If you want info on the Yashica their UK distributor is Alpha Digital Services. They might be able to provide price info and/or Spanish distributor Dugopa.
However, IMO I wouldn't be surprised if grey import via Hong Kong or some such.
Hope you get it sorted  ____________________ ...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger?  |
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Old Thread Alert!
The last post was made 17 years, 138 days ago. Instead of replying here, would creating a new thread be more useful? |
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