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VISA card protection

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gprit

I am trying to help a friend who  is German (but not very 'clued up').  He paid for a holiday through an agency by Visa Card (issued by Targo Bank). Unfortunately, the agency is now insolvent and the money has not been passed to the end owner.
    Now, in the UK he would be protected under the Consumer Credit Act s 75, and the issuing bank would be required to dispute/reclaim the transaction and re-credit the account (it is within 120 days).   Is there similar protection in Germany that I can quote to the issuing bank - who have yet to respond?
   Incidentally I am originally from UK (not USA) but that was not given as an option in originating country....

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beppi

He should immediately contact the card-issuing bank and initiate a dispute for the charge.
The company (here: travel agency) then will have to prove that the bought goods or services were delivered. If not, they must refund it (which can take a few months).
But if insolvent, they might be unable to do so and the debt will just become part of the bancruptcy estate, which means after a very long wait (years!) he might get a small portion of it back, if any.
To clarify the details and best course of action, he should consult a lawyer with the contract and all the paperwork he got.

gprit

Thanks for the reply.....but paying Lawyers is likely to result in a bill greater than the €884 paid!   The issuing bank has been contacted but no reply.   Again, in the UK in these circumstances the issuing bank would have to re-credit the account immediately as they are jointly liable under Consumer Credit Act s75.

Is there such protection in Germany?

beppi

He needs to contact the card-issuing bank and/or a lawyer to find out what the legal situation is.
Having a well-meaning friends ask others on an Internet forum will probably not help, I am afraid.

As far as I understand the situation, he paid and did not receive the goods or services, so he is entitled to get the money back (plus potentially additional expenses and damages). The two ways to achieve that are a chargeback through the bank, and the legal way through a lawyer.
But if the agency is insolvent, nobody else will pick up the issue and give your friend the money (why would they???).

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