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Visa con in Tenerife. *Help required*

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pa_broon74
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PostPosted: 15:14 - 29 Apr 2009    Post subject: Visa con in Tenerife. *Help required* Reply with quote

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.

Thumbs Up

* Messages telling me how stupid he was don't come under this heading. He's 65, a luddite and recently nearly died. Ta.
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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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PostPosted: 15:18 - 29 Apr 2009    Post subject: Reply with quote

I assume he contacted Visa already ?
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pa_broon74
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PostPosted: 15:25 - 29 Apr 2009    Post subject: Reply with quote

Mr.Everready wrote:
I assume he contacted Visa already ?


Yeah.

The thing is, he's so ill just now he's just not up to a prolonged telephone harangue. Given the circumstances, what are his rights, what is best to say on the phone to the Visa people.

It looks to me like he's been over charged (deliberately or otherwise.) They wrote 833 for the camera which could be right (maybe. Confused ) They've then written 88 euro's then over wrote that with 978 euro's for the memory card and photo frame.

Ta.
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Mr.Everready
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PostPosted: 15:32 - 29 Apr 2009    Post subject: Reply with quote

I'd agree that they've scammed him on the frame, €88 sounds right for it with the cards.
What price come up when you search for the HD camcorder ?
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pa_broon74
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PostPosted: 15:46 - 29 Apr 2009    Post subject: Reply with quote

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. Rolling Eyes

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... Wink

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Mrs Kickstart
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PostPosted: 17:47 - 29 Apr 2009    Post subject: Reply with quote

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
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njd27
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PostPosted: 18:12 - 29 Apr 2009    Post subject: Reply with quote

If it happened to break VISA is liable for the refund...

https://forums.moneysavingexpert.com/showthread.html?p=1857937
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growler
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PostPosted: 19:29 - 29 Apr 2009    Post subject: Reply with quote

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
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colin1
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PostPosted: 19:55 - 29 Apr 2009    Post subject: Reply with quote

I dont think its illegal if he agreed to the price.

Its a salesman's job to get as much money for something as possible. If a customer wants to pay more than the market rate, that's his choice.

Immoral possibly.

Illegal, I doubt it.

A fool and their money are soon parted.
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iooi
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PostPosted: 20:05 - 29 Apr 2009    Post subject: Reply with quote

Mrs Kickstart wrote:
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.


Nothing visa can do.... He agreed to the purchase end of, the true value of the goods has nothing to do with it. If you feel he has been ripped off, then you need to take it up with the local trading standards/police.

As to visa dealing with you...
Most card providers will only deal with the card holder. For them to speak to you, you would need at the least a 3rd party mandate or power of attourney.

As to breaking the goods, visa regs state for that they must be returned to the retailer and you have to give them chance to fix them.... The return postage will be at your expense, unless you can claim via the retailer.
And don't try lost in post, because if they are then its tough... End off story as far as visa goes.
Make sure its via a method that has tracking to say its been delivered.


Hope he is on the mend Karma
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pa_broon74
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PostPosted: 20:23 - 29 Apr 2009    Post subject: Reply with quote

I feel bad for him...

He had a shit holiday, came back with a bug which was the straw that broke the camels back in terms of his liver... He's been diddled pretty badly (to the tune of 1811 euro's.) He's also just found out since he turned 65 and his government pension's kicked in, he's now having to pay tax on his paltry £5k pa private pension.

I have no idea how pensions work, I need to check it out.

I think we might be able to do something regarding the Visa stuff under Sect 75 of the consumer credit act.

Cheers
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iooi
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PostPosted: 20:50 - 29 Apr 2009    Post subject: Reply with quote

pa_broon74 wrote:
II think we might be able to do something regarding the Visa stuff under Sect 75 of the consumer credit act.

Cheers


I very much doub't it as it is more about breech of contract than anything else.
The goods are not faulty, they are not broken. They are simply over priced, it would appear. Not something Visa or Mastercard have any control over.

The card provider did not force him to buy the goods....

The sad fact is a retailer can charge whatever they feel they can get away with.

Just saying as it looks to me, would rather you know the realaites now, than get your hopes up only to find out months down the line that, it was a waste of time.

As to his pension have a look Here Tax Allowances for over 65
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pa_broon74
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PostPosted: 23:10 - 29 Apr 2009    Post subject: Reply with quote

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.


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.**
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iooi
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PostPosted: 06:01 - 30 Apr 2009    Post subject: Reply with quote

Quote:
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.


Unless you can find a recommended price by the manufacturer for the products, then the above is a non starter. Even then you may have a uphill struggle as even then a retailer is free to charge what he thinks he can get away with.
Is that a misrepresentation of the goods....


That cover more the specs where it says it will do Y but can only do X
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pa_broon74
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PostPosted: 23:40 - 30 Apr 2009    Post subject: Reply with quote

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...

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s44678
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PostPosted: 23:47 - 30 Apr 2009    Post subject: Reply with quote

How much is a budget flight to tenerife? £150? If all else fails you could go and take it back. Take the hit on the 150 but at least you can get the rest back. Ba5tards.
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The Disapproving Brit
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PostPosted: 00:14 - 01 May 2009    Post subject: Reply with quote

njd27 wrote:
If it happened to break VISA is liable for the refund...

https://forums.moneysavingexpert.com/showthread.html?p=1857937


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.
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iooi
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PostPosted: 05:57 - 01 May 2009    Post subject: Reply with quote

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.
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pa_broon74
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PostPosted: 16:02 - 01 May 2009    Post subject: Reply with quote

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. Laughing

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.

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iooi
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PostPosted: 21:14 - 01 May 2009    Post subject: Reply with quote

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.

Thumbs Up


Fair do's.. Didn't know itchy did this for a living, as i do. Laughing

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 Karma
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Stoo
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PostPosted: 22:59 - 01 May 2009    Post subject: Reply with quote

I would be "testing" the goods vigourously until I found a fault with them. A lot of the stuff sold in the Canaries isn't top quality so should be easy to find a fault of sorts. I reckon a fault claim is more certain than the fraud one though you could mention the dodgyness then say "to add insult etc" it's faulty; your call.

Sorry your old man isn't well. Same boat here. Though he might not be able to have a protracted conversation with VISA it should be OK for him to go through security and pass the call onto you to speak to them.

Good luck

:not related:

Me and a few mates were in Gran Canaria years ago and me and my mate ended in a strip joint. Had a few complementary drinks then he dissappeared with two stippers for a lapdance; I was skint so I left. Roll on next day and none of his cards worked; roll on a month and 3 of his cards had been hit for £500 each. He got out one but Egg faxed him a copy of his card, signature, passport and student card that he signed in the strip joint!
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damz
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PostPosted: 23:06 - 02 May 2009    Post subject: Reply with quote

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.....
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iooi
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PostPosted: 09:49 - 03 May 2009    Post subject: Reply with quote

Damz wrote:
* 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.


A Visa debit card has the same protection as a Visa credit card, except for the CCA part.....

Quote:
you could always claim your card was stolen and the signature was forged.....


Would be a very silly thing to do, especially if the OP's father has used the card since.....
Lieing is never a good idea, as in cases like this it, would be easy to prove. It could come back and be very painfull. As the card provider could simply say you have lied and breeched the trust, as such they could close the account and request full payment..

Other than that some good advice while shopping abroard Thumbs Up
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pa_broon74
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PostPosted: 16:13 - 04 May 2009    Post subject: Reply with quote

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:

Arrow 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.'

Arrow Another different printed receipt for 833E time stamped 15:14

Arrow 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. Mad )

Its too much money to let go though, I haven't even checked if the stupid photo frame thing works... Rolling Eyes I'm seeing a solicitor on Wednesday I know who's very sharp, hopefully he'll be able to help out.

Cheers folks.

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PostPosted: 20:39 - 04 May 2009    Post subject: Reply with quote

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 Thumbs Up
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