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Undercharged but money later taken?

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Comments

  • Valli
    Valli Posts: 25,581 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mind you - I would have phoned and been into branch by now demanding an immediate appointment with the manager:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:
    I think you're taking this quite calmly:T
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    I think you do still owe the £9 (well did until they took it)

    You agreed to pay £54

    In error you paid £45. That doesn't override the agreement to pay £54.

    Whilst the means of collecting it were probably wrong it doesn't affect the debt.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    I am not sure on whether this is legal or not but I wanted to add that you do not have to have the 3 digit code for making a 'cardholder not present' transaction. The shop gets charged a higer rate of bank commission for accepting a payment that is unsecure.

    I am not sure whether it is legal or not, I run a business where I process card transactions but if I entered the wrong amount I'd chalk it up to experience.

    The other more serious issue here is that retailers who process card transactions are not supposed to hold your card details, there are very strict laws on this with fines of over £10,000, so I would certainly question it with the bank. When I process a card from the details the customer has left the details are wiped from my SSL server. I asked why this was as it made things difficult if a customer returned items for a refund but they told me it was the law that card details could not be held.

    I would ask the question and see what they say. I guess they were just tallying up their tills after finding a deficit, they might not even realise they have done something wrong, so it needs pointing out that they are not allowed to do this unless you have signed to say further amounts can be debited at a later date.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    dzug1 wrote: »
    I think you do still owe the £9 (well did until they took it)

    You agreed to pay £54

    In error you paid £45. That doesn't override the agreement to pay £54.

    Whilst the means of collecting it were probably wrong it doesn't affect the debt.

    You haven't read this thread at all have you :confused:

    The debt is not the issue here ( The OP states that they have no issues in paying it ) - it's the way it was claimed that's in question.
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • Greatgimp
    Greatgimp Posts: 1,056 Forumite
    Part of the Furniture 500 Posts Academoney Grad Name Dropper
    This is a good post - there are principles at stake here - can a shop take any amount later, or even on a different date without your authorisation?
  • 98jdougl
    98jdougl Posts: 1,154 Forumite
    we had a case at my shop where one of the girls entered 25p rather than £25 on the machine but it's basically a cas of us getting in trouble lol and the customer benefitting from it. Human error happens we have jusst got to double check amounts and sign merchant copies of receipts in the future so we know if it happens repeatedly.
    We never thought about getting the rest of the money back from the customer as i am pretty sure it would be illegal! if we had overcharged someone they wouldnt' walk into the store and take money out of the till, they would contact us and we would give them back the difference etc etc

    what i have noticed however is that merchant copies of receipts have the full card number and exp date on them so it is possible to ring it through the machine as customer not there i guess (these are the only numbers you need to do this as i had to do it when our terminal was acting up- CVV isnt required) and sign yourself? that shouldn't be allowed really...

    i'm going to be quiet now because i'm just kinda rambling
  • Valli
    Valli Posts: 25,581 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So following on from what some posters have recently added it appears that a shop must not retain cardholder details by law.

    OP we really do need clarification on this as it appears the Data Protection Act and/or the Banking Code have been broken.

    You HAVE discovered something interesting.

    If you do not get clarification from your bank perhaps citizens advice.

    Incidentally if my bank make an error they pay a 'service charge' (last time I had one it was £15). I would class paying out unauthorised funds as an error.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • splishsplash
    splishsplash Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I am not sure on whether this is legal or not but I wanted to add that you do not have to have the 3 digit code for making a 'cardholder not present' transaction. The shop gets charged a higer rate of bank commission for accepting a payment that is unsecure.

    I am not sure whether it is legal or not, I run a business where I process card transactions but if I entered the wrong amount I'd chalk it up to experience.

    The other more serious issue here is that retailers who process card transactions are not supposed to hold your card details, there are very strict laws on this with fines of over £10,000, so I would certainly question it with the bank. When I process a card from the details the customer has left the details are wiped from my SSL server. I asked why this was as it made things difficult if a customer returned items for a refund but they told me it was the law that card details could not be held.

    I would ask the question and see what they say. I guess they were just tallying up their tills after finding a deficit, they might not even realise they have done something wrong, so it needs pointing out that they are not allowed to do this unless you have signed to say further amounts can be debited at a later date.

    I also run a business where I process card transactions, but I am required to hold paper records of each transaction for a minimum of two years:confused: . That is my copy of the transaction, complete with customer card details, name and expiry date. I wonder if it depends who your service provider is? In any event, I would never access card details to take an unauthorised amount later.
    I'm an adult and I can eat whatever I want whenever I want and I wish someone would take this power from me.
    -Mike Primavera
    .
  • I am not sure on whether this is legal or not but I wanted to add that you do not have to have the 3 digit code for making a 'cardholder not present' transaction. The shop gets charged a higer rate of bank commission for accepting a payment that is unsecure.

    I am not sure whether it is legal or not, I run a business where I process card transactions but if I entered the wrong amount I'd chalk it up to experience.

    The other more serious issue here is that retailers who process card transactions are not supposed to hold your card details, there are very strict laws on this with fines of over £10,000, so I would certainly question it with the bank. When I process a card from the details the customer has left the details are wiped from my SSL server. I asked why this was as it made things difficult if a customer returned items for a refund but they told me it was the law that card details could not be held.

    I would ask the question and see what they say. I guess they were just tallying up their tills after finding a deficit, they might not even realise they have done something wrong, so it needs pointing out that they are not allowed to do this unless you have signed to say further amounts can be debited at a later date.

    Thank you for your clarrification as a vendor. It is good to know how these systems work.
  • Greatgimp
    Greatgimp Posts: 1,056 Forumite
    Part of the Furniture 500 Posts Academoney Grad Name Dropper
    Valli wrote: »
    ...

    Incidentally if my bank make an error they pay a 'service charge' (last time I had one it was £15). I would class paying out unauthorised funds as an error.
    You may be doing the bank a massive favour by classing it as an 'error'.
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