Legal Advice? Pls?

[Leon.T]

Need some help and advise here if anyone has been in a similar situation. Well, I went with 3 of my other friends to Newquay Docklands (not naming the place I ate at if u wanna know pm me) for my girlfriend’s 21st birthday and we had seafood and some other dishes that ended up with $336 for the bill. Now, my friend had a discount voucher 10% off the meal and we gave it to the waiter, she quickly went to the manager and came back saying that it’s ok to use it. I then gave her my credit card and she took it, gave it to the manager and once his done the transaction, the waiter came back with the receipt and another piece of paper to sign. I signed it and all of us walked out. Once we got to the car, my girlfriend had a look at the bill and found out that I’ve paid for someone’s bill for $134.64. I quickly drove to an ATM and looked at my balance and saw that my account has been withdrawn $134.64. So all of us were happy with the meal. The next morning I woke up, used internet banking and found out that my account had 2 withdrawals the next day. 1st one was $134.64 and another withdrawal of $306. Well I told my family and friends about it and I quickly called the bank about it and the bank told me to wait 2-3 days until the withdrawal from my account is cleared then I can do something about it. Well the next day it seems like they reversed the payment of $134.64. Is this legal that are allowed to withdraw my account twice for only 1 signature? And is there anything I can do about this?

Also, forgot to mention that I had major stomach and constant diarrhea for 2 days after eating from the place and took 10 minutes to get 4 glasses of water. I would NEVER EVER go to that restaurant again.

[Abo Bob]

So you got your money back then? If so you are square and there's nothing you can do.

As for food poisoning - it's too hard to prove. About all you can do is ring the health department or something like that and if they have other complaints about the same place they will investigate.

[Leon.T]

yer I guess nothing can be done then cos I was the only one that got food poisoning (god damn scallops, only I ate that). Just wanna bitch about this thats all.

[saff_cossie]

So you are not out of pocket in anyway? Probably works the same way a credit card over the phone. They dont need your signature for that. Not ideal but at least they refunded the money and I dont see anything wrong with it legally.

[R31Nismoid]

your even, thats that.

i wouldnt even be caring

[Paradizzle]

You should have put some of that 'constant scallop diarrhea' in a bag and sent it to them, complementary no charge of course.

[Leon.T]

You should have put some of that 'constant scallop diarrhea' in a bag and sent it to them, complementary no charge of course.

<{POST_SNAPBACK}>

I should huh. The bag would carry around 2ltres of diarrhea I rekon. lol.

[Jetdat]

credit transactions can be disputed if you believe you did not participate in it...and you have a good chance of winning if the card wasnt swiped thru the machine and/or receipt isnt signed...card schemes will always be biased towards their members in these types of disputes...

this is why merchants who accept internet/mail/phone payments take a huge risk, as all liability lies with them...

in your case there is no dispute as merchant having realised the mistake corrected the error by performing a credit transaction which is within the rules and regulations of all card schemes.

[Ronin 09]

I don't see what your beef is... why do you need legal advice?

Let me get this straight.

1. You went to dinner

2. You ate ~$300 of food

3. They made a mistake, and initially charged you ~130

4. When they discovered the mistake, they correctly charged your account the ~$300 and refunded the ~$130

5. You now want to jew them for the ~$300 as well even though you ate it.

Getting the craps notwithstanding, do you see anything morally wrong about this on your part??

Put yourselves in their shoes - as a business, you sale an item to a customer. After running the card, and the customer leaves, you realise that instead of charging him $1000, you've stuffed up and charged him $100. Would you, as the proprietor, feel it is acceptable to amend the charges, or leave it? It's interesting when the shoe is on the other foot. It may sound harsh, but don't be a tight arse.

[xRHETTx]

I don't see what your beef is... why do you need legal advice?

Let me get this straight.

1. You went to dinner

2. You ate ~$300 of food

3. They made a mistake, and initially charged you ~130

4. When they discovered the mistake, they correctly charged your account the ~$300 and refunded the ~$130

5. You now want to jew them for the ~$300 as well even though you ate it.

Getting the craps notwithstanding, do you see anything morally wrong about this on your part??

Put yourselves in their shoes - as a business, you sale an item to a customer.  After running the card, and the customer leaves, you realise that instead of charging him $1000, you've stuffed up and charged him $100.  Would you, as the proprietor, feel it is acceptable to amend the charges, or leave it?  It's interesting when the shoe is on the other foot.  It may sound harsh, but don't be a tight arse.

<{POST_SNAPBACK}>

I think he means that they over charged him $130, then the next day they refunded the money to him.

This happens at my work quite often, if you are overcharged they will just refund you the money.

Also, if you arent charged enough, if we notice we will just put it through on your credit card anyway. I work at a hotel and heaps of people leave and forget to pay for a breakfast or a few drinks etc, so you just charge them, even if they arent there to sign the receipt.

So you are saying you want to sue them for nothing? You have your money, are you claiming for pain and suffering or something?

[Mean_R34]

I'm with Ronin on that one.

How can get get shitty (haha, pardon the pun) when you were happy to pay 1/3 of the price without saying anything, then when things turned around & you break even you jump up & down.

I know they can refund, but not sure of legality of chrging without a sig.

I went to a Japanese Tepanyaki Restaurant in Sth Melb once with a group of friends. The bill came to over $700. We checked it over & were charged about $100 extra. Maybe it was a mistake & maybe it was a case of (oh well, there's 12 people, so they won't even notice).

Ever since then I ALWAYS go thru the items on the bill before I pay.

[Leon.T]

hold on guys. First I did not say that I wanted to be a Jew about the money. Secondly I am asking wether doing 2 direct debits from my credit card is illegal without my signiture for authorisation I didn't say I want to sue them. , but Thirdly I am pissed off that i've had diarrhea for 2 days from that seafood that I've payed $180 for and I'm only asking for a opinion or advice.

[INASNT]

hold on guys. First I did not say that I wanted to be a Jew about the money. Secondly I am asking wether doing 2 direct debits from my credit card is illegal without my signiture for authorisation I didn't say I want to sue them. , but Thirdly I am pissed off that i've had diarrhea for 2 days from that seafood that I've payed $180 for and I'm only asking for a opinion or advice.

<{POST_SNAPBACK}>

Yes they can make more than 1 transaction on ur credit card if they made a mistake. Heck they could have charged you another $300 extra if they wanted, then u would have to dispute it at the bank and they would have to provide ur sigature authorising the payment.

What you eat comes out eventually, urs just came out rather quick, so stop being such a sook

[_IrIsH_]

I would be quiet chuffed that they fixed the mistake rather quickly.

but its good that you are at least alert to such things occuring.

most people wouldnt even know if they got charged the extra price.

[Leon.T]

Yes they can make more than 1 transaction on ur credit card if they made a mistake. Heck they could have charged you another $300 extra if they wanted, then u would have to dispute it at the bank and they would have to provide ur sigature authorising the payment.

What you eat comes out eventually, urs just came out rather quick, so stop being such a sook 

<{POST_SNAPBACK}>

too quick actually. I feel sorry for the toilets in Princess (pool place). I blocked the toilet there lol.