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lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience:  Attorney with over 35 years of business experience.
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I used my Mastercard Debit card to put a deposit on a Hertz

Customer Question

I used my Mastercard Debit card to put a deposit on a Hertz rental car for a month's car rental. Hertz pre-approved $200 on the card. One week later the bank called me to let me know the debit card number had been comprimised, so they were cancellling my debit card and re-issuing me a new card with a different number that was linked to my same checking account. Since the old card had been cancelled, I was assured by the bank that nobody could charge anything to that old card. Two weeks later I turned in the Hertz rental car and there was a dispute over the amount I owed them. They wanted to charge me $2700, but I told them I only owed them $700. I told them I would call their corporate office to discuss the bill before paying them. The following day they charged $2700 to the debit card that had been cancelled and my bank payed them. The bank said they were oboligated to pay Hertz because Hertz had pre-approved $200 on the card. I argued that they were oblogated to pay the $200, but NOT $2700. I filed a chargeback and the money was put back in my account temporarily. Ten days later the money was taken back out of my account and given to Hertz. Am I correct that all that the bank should have paid was the $200 that was pre-approved before the card was cancelled?  Is there a higher authority above the bank that will make the bank refund me the money they were not suppose to pay from my cancelled debit card?
Submitted: 2 years ago.
Category: Business Law
Expert:  lwpat replied 2 years ago.
Your argument is with Hertz, not with the bank. You do need to follow the correct procedures to contest a charge to your card, whatever they are since it varies depending on your contract with the bank. You should also change banks and be sure you understand their policies as to debit cards. The contest to the charge has to be in writing and you need to send it to the correct address by certified mail.

Next you will need to file a small claims lawsuit against Hertz to have the court decide. That is the only way you are going to be able to get it resolved. Even if the bank finds in your favor, Hertz will still come after you.

http://www.bexar.org/jp/jp2/Small_Claims/small_claims.htm

Your county probably has similar online information or you can get the forms at your local court.
Customer: replied 2 years ago.

If I am reading your answer correctly, you are saying the mere fact that Hertz pre-approved $200 on the card before it was cancelled, allows them to charge an infinate amount of money to that card after it is cancelled? Is that correct?

Expert:  lwpat replied 2 years ago.
That is not what I am saying. What I am saying is that the banks ability to do so depends on the contract between you and the bank but that is actually not relevant since your argument is actually with Hertz.
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience: Attorney with over 35 years of business experience.
lwpat and 3 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

Actually the contract I have with the bank is all that is relevant, because they were in control of my money. Hertz pre-approved $200, so that is all they should have been paid unless my contract with the bank states otherwise. You did not tell me if there is a banking authority I may contact if it turns out the bank sent funds that they were not authorized to send.

 

I am going to go ahead and approve the payment for your answer so you know I am keeping my end of the agreement for your answer. However, I would appreciate it if you would finish answering my question as to whether there is a higher authority/government office that I can speak with if it turns out the bank made an error with my money.

Expert:  lwpat replied 2 years ago.
You can file a complaint against Hertz and also the bank with the attorney general

https://www.oag.state.tx.us/consumer/complain.shtml


If the bank is under their supervision you can complain to


http://www.dob.texas.gov/bnt/ccbank.htm

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