Advice on a shop retaining a card.

Croberts195

I'm looking for some advice before writing a letter of complaint! Last night some friends and I were at a bar in central London and she ordered a round of drinks after checking that they accepted debit cards, which they did. They gave us the drinks, but when they went to put her card through their machine had lost it's connection and couldn't process the transaction. She waited patiently at the bar while they tried a further 3 times over a 15 minute period (during which time the drinks were handed out and partially drunk) before a supervisor came over and told us (very rudely, which is what we're complaining about) that she would have to pay by cash or return the drinks. Fair enough, but the drinks were already partially drunk and he then refused to give her back her card so that she could go to the cash machine to get any money.
Eventually I noticed the situation and simply paid cash for her, but I would like to clarify whether a retailer has the right to retain her card in those circumstances? And what the position would have been if I hadn't been able to pay for her. Could they have kept her card? I stress again there was nothing wrong with her card or account, it was their machine which was not working.
Thanks for any help offered!

vikingaero

I imagine that the only time that a retailer can keep hold of the card is on the authority of the card issuer - for instance if the card transaction becomes a telephone authorisation and the card issuer tells the retailer to retain the card for a fraudulent transaction.

The card is the property of the bank and the retailer in holding it as lien because their machine does not work is being petulant - non payment is a civil matter and this is not theft because attempts were being made to pay.

Croberts195

Thank you for your help!

FattyBettyBoo

This happened to me and my sister once. We went to a reasonably respectable pub for lunch. Ordered food and drinks, ate/drank them, then went to pay by credit card. They couldn't get their card machine to work and admitted it was the machine as they had been having problems with it. We were out on a walk when we had decided to go in for lunch and as such I had only shoved my CC in my pocket and had no purse with me, neither did my sister. We were there for about 30 minutes and the manager kept saying that my sister had to stay there while I withdrew cash from my CC - I don't think so!! We kept saying that we would walk home and drop the money in later and they kept saying that my sister or I had to wait until the balance had been settled. In the end we walked out and when we returned later to settle, informed them that we had filed a formal complaint with their parent company (it was a small chain).

We ended up with £30 worth of vouchers, but used them in a different branch!!

alistair.long

I would do things diffrently.

I would ask for my card back as their machine cannot take the money and tell them I will bring some money later, or they can have the half drunk drinks and no cash.

If they be funny I would let them keep the debit card, go outside and report the card lost or stolen.

Esqui

Tell them if they wait a few hours, they can have the drinks back

hcb42

totally unreasonable!

We had this once in a restaurant, and just told them we would pay next day. LEft our address and phone no.

DCFC79

Lol was there much point in asking for half drunk drinks back, they couldnt exactly resell them as they would be flat etc.

pinkshoes

The correct thing do to would be to leave your name, address and a phone number so that they could bill you at a later date.

They should NOT keep your card! If the pub were a chain one, I'd be writing to complain!

arcon5

Actually the correct and best thing to do is what op did do -- get somebody else to pay and owe them the money. But keeping the card is outrageous!

halibut2209

arcon5 wrote: »

Actually the correct and best thing to do is what op did do

It might be the best thing, but I'm not sure about the correct thing. It's not the OPs fault that their equipment was faulty. The OP was inconvenienced, and the bar should do whatever they can to reduce that incovenience, not increase it.