Unauthorised Transactions

loopholer

I was billed by a hotel for £150, customer not present, no PIN entered. This happened after I'd checked out and paid using the same card by entering the PIN. They had my CV2 number, as they asked for it when I booked. The card company refused to withhold the money and insisted it was my job to resolve the matter with the hotel.

10-phone calls, 3 emails, scanned copies of my statement emailed etc later, I eventually had money refunded to my card. I have asked the manager if he would consider refunding the original bill as means of payment for my time in correcting their mistake, but no offer.

I now intend to send them an itemised bill for my time. Should they not pay this invoice, can I reclaim through small claims court? they have conceeded it was their error, I've kept to my side of the contract, but I'm 5-hours down. Do I need to use any particular law, or just simply bill them for debt recovery? what would be a reasonable hourly rate ?

McKneff

you cant reclaim something that has already been refunded.

a small amount of compensation might be in order re your phone calls but really i think youre trying it on. Trying to find a loophole, loopholer

youve got yuor money back, its not worth stressing about

JayZed

I agree. If you sent them an invoice they certainly wouldn't pay it - they'd be under absolutely no obligation to do so - and you'd get laughed out of the small-claims court.

On the other hand, if you kick up a bit of a fuss they might offer you something like £15 off your next stay as a goodwill gesture, just to stop you pestering them. That's entirely up to them, though.

afghanbill

Loophole or no loophole, thats the trouble with large companys they get away with too much, what if you hadn't noticed it or worse if you were near your limit and end up with black mark etc send them a letter explaining the stress it put you under and take what they offer you never know.....

You may get lucky...

exel1966

What if...........What if.............!!

You got your money refunded ! Maybe the reason why It took so long was the way you went about it ? What did it have to do with the card company ?
The error was made by the hotel so that is where you should have started your enquiry.
I once had a similar problem with a hotel in London, one phone call later to their accounts dept and it was sorted, money refunded ! Like you it was inconvenient, but mistakes happen.
They are under no obligation to give you anything, by all means try, but you'll probably just be wasting more of your ever so valueable time.

loopholer

mse is the home of consumer revenge, come on, where's your enthusiasm for revenge ? I’m not trying anything on here, I am genuinely 5-hours down, the hotel have consumed 5-hours of my time due to their mistake, that’s 5-hours I can’t charge to other jobs I’m currently working on. If I’d left the hotel and forgot to pay, and accidentally supplied the wrong CV2 number, they be using up their time chasing a debt from me, the hotel could pass the debt to a debt collection agency who would charge a debt collection fee. Is there a difference ?

benf90

loopholer wrote: »

mse is the home of consumer revenge, come on, where's your enthusiasm for revenge ? I’m not trying anything on here, I am genuinely 5-hours down, the hotel have consumed 5-hours of my time due to their mistake, that’s 5-hours I can’t charge to other jobs I’m currently working on. If I’d left the hotel and forgot to pay, and accidentally supplied the wrong CV2 number, they be using up their time chasing a debt from me, the hotel could pass the debt to a debt collection agency who would charge a debt collection fee. Is there a difference ?

I've never liked the 'Consumer revenge' tagline. I see it more as being educated to find the best deal for each individuals circumstances, but I guess that isn't quite as catchy.

In answer to the question 'Is there a difference?', yes there is.

One scenario would be a deliberate action to avoid payment, where an agreement for payment exists. The other scenario is a mistake that's occured and has been rectified.

They've already occured extra expenses dealing with their mistake. There's the time spent on it by their staff, who they've had to pay, and they may have also been charged by their card payment provider for processing the refund.

Nobody works 24 hours a day. You're not 'down' 5 hours unless you actually stopped working to sort it out. These things can be sorted out in your own spare time.

CLAPTON

if its part of a hotel chain then maybe try writing to complain to their HQ.

A_fiend_for_life

Best I can see you doing is claiming back for phone calls if you spent a fair bit on them. I wouldn't hold your my breath but you never know. I appreciate it is annoying but the consumers time spent rectifying company mistakes is something that doesn't really get a look at.

bert&ernie

exel1966 wrote: »

...
You got your money refunded ! Maybe the reason why It took so long was the way you went about it ? What did it have to do with the card company ?
...

The transaction wasn't authorised by the cardholder. Depending on the circumstances in which the transaction was made, their may have been automatic chargeback rights. At the very least, they should have a procedure for dealing with disputed transactions - instead they fobbed the OP off.

NickX

bert&ernie wrote: »

At the very least, they should have a procedure for dealing with disputed transactions - instead they fobbed the OP off.

This is correct, under Section 75 of the Consumer Credit Act, the Credit Card Company are jointly liable for this fraudulent transaction and should have dealt with it.

It is completely unacceptable that they refused, and the OP would be within their rights to make a formal complaint.