Undercharged at a restaurant

Hot-Dog_2

If a restaurant realises after you have left that they have undercharged you, legally can they charge you the difference on a credit card without authorisation a day later?

:think:

_Andy_

Why shouldnt they do that? You did eat the meal, did you not expect to pay for it in full?

geri1965_2

I think the OP is looking for a legal answer not a moral one.

izools

They are allowed to charge the amount stated on the tab on to your card if you underpaid, yes.

They have up to six years in which to do this.

The only complication would have been if several people split the bill and only one was charged extra a few days later to cover the shortfall.

Blitz01

Hot-Dog wrote: »

If a restaurant realises after you have left that they have undercharged you, legally can they charge you the difference on a credit card without authorisation a day later?

:think:

Depends what the bill stated i suppose.
If the bill was for the wrong amount aswell, then i wouldn't have thought so.

If it was right though, and the person taking the money/card entered it wrongly then i would've thought yes.

Voyager2002

It would be polite for them to call you first and invite you in to settle the outstanding amount. Obviously the credit card details enable them to trace you, and failure to pay could possibly constitute theft and so be a criminal offence.

dazza.mk

izools wrote: »

They are allowed to charge the amount stated on the tab on to your card if you underpaid, yes.

They have up to six years in which to do this.

The only complication would have been if several people split the bill and only one was charged extra a few days later to cover the shortfall.

I'd say that you owed them the amount shown on the tab, which they could legally chase you for, but they wouldn't have authorisation to just charge it to a credit card.

lisyloo

I'd say the same as Dazza.
You owe them the money and they have 6 years to claim it from you, but they do not have authorisation to debit your card "willy nilly".
You authorised a specific amount only.

I am not sure how they can take extra from your card if you entered a PIN number, but perhaps there is some method I'm not aware of.

izools

lisyloo wrote: »

but perhaps there is some method I'm not aware of.

They can put it through as a "Cardholder not Present" transaction using the details from the previous receipt.

If this subsequent amount was not directly authorised by the cardholder it can be disputed by the bank and I doubt the restraunt would win the argument with the bank, especially if the cardholder has spoken to the venue since and arrange an alternate method of payment - or even just promised an alternate method of payment but no paid yet.

Dabooka

Voyager2002 wrote: »

It would be polite for them to call you first and invite you in to settle the outstanding amount. Obviously the credit card details enable them to trace you, and failure to pay could possibly constitute theft and so be a criminal offence.

Could constitute theft? Are you sure? :think:

timbo58

No it can't constitute theft per se as for that you have to prove 'intent' to permanently deprive.
Unless they could prove you used some sort of 'act, ommission or other mechanism' to avoid the full payment being made and then made off without payiong the correct amount, it is impossible there is 'intent'.
But, yes IMHO they can and should charge for the amount outstanding although they should have the courtesy to ask/warn you that a mistake had been made and what they intended to do 1st.