Undercharged, now he's taken difference?

ted66

Hi,
Last week I purchased a pair of shoes for £49.99. They were running shoes and since i had tried them on (tried on treadmill etc.) I gave them back to the shop owner and he put them in the box.
His phone rang and he passed the box to the lad behind the counter and walked away. He rang them up for £49.99, i paid by card.
So yesterday I checked my statement and it says 'Payment £49.99 - PIN used', and underneath that 'Payment £45.00 - Signature used' both to the same place.
I rang him up and he said he had put the shoes in the wrong box and they were actually £94.99 and he apparently told me this, i checked the receipt and yes, the shoes are a different make to the ones on the receipt, so he did put them in the wrong box. The shoes are already covered in mud and to be honest i wouldn't have paid £94.99 for them, but I doubt he'd take them back.
He refused a refund on the grounds that ' i owed him it', so I rang my card company to ask if this was legal, they blocked my card and have sent me a new one, and a form to fill out about it.
Surely he cannot charge me the difference for his own mistake, especially in that way, i understand maybe he could contact me and demand the difference, but he must have surely used my card details from the merchant receipt to put through an unauthorised transaction.
After that it is not my intention to let him have the £45 he took with no permission.
I just want to know, where do i stand?? Thanks for any replies!:)

CKhalvashi

ted66 wrote: »

Hi,
Last week I purchased a pair of shoes for £49.99. They were running shoes and since i had tried them on (tried on treadmill etc.) I gave them back to the shop owner and he put them in the box.
His phone rang and he passed the box to the lad behind the counter and walked away. He rang them up for £49.99, i paid by card.
So yesterday I checked my statement and it says 'Payment £49.99 - PIN used', and underneath that 'Payment £45.00 - Signature used' both to the same place.
I rang him up and he said he had put the shoes in the wrong box and they were actually £94.99 and he apparently told me this, i checked the receipt and yes, the shoes are a different make to the ones on the receipt, so he did put them in the wrong box. The shoes are already covered in mud and to be honest i wouldn't have paid £94.99 for them, but I doubt he'd take them back.
He refused a refund on the grounds that ' i owed him it', so I rang my card company to ask if this was legal, they blocked my card and have sent me a new one, and a form to fill out about it.
Surely he cannot charge me the difference for his own mistake, especially in that way, i understand maybe he could contact me and demand the difference, but he must have surely used my card details from the merchant receipt to put through an unauthorised transaction.
After that it is not my intention to let him have the £45 he took with no permission.
I just want to know, where do i stand?? Thanks for any replies!:)

CC company need to do a Cardholder not Present chargeback on the matter.

CK

ted66

Thanks, you think I will have no issues being refunded?

Plxply

I imagine they put it through as a normal signature transaction with a swipe, when you insert your card into the terminal it gives it all the information it needs to do a magnetic stripe transaction too in the future. As it's impossible to sign over the internet I imagine they put it through as a magnetic stripe and said you signed.

Regardless if you need to pay the difference OP the shop has committed fraud and you're fully within your rights to call your card company immediately and tell them that the second transaction is fraudulent. You only authorised the first payment and they lied to their acquirer about the second one having a signature to verify the transaction.

You should have absolutely no problems with getting a refund from the card company, not only does putting a signature transaction through leave them with liability their merchant acquirer will ask them for the signed authorisation slip which they will not have. To be perfectly honest I would get a new card issued immediately and if needed I would walk into the shop and pay the rest in cash. I would never let a company that operates in this manner have access to my card information.

Bravehearted_2

And even threaten to report this to the police.

The cheek.

CKhalvashi

ted66 wrote: »

Thanks, you think I will have no issues being refunded?

In theory, no

In law, no

However banks seems to be in a world of their own.

Follow the above advice, too. IMO, shop have lied and made no effort to contact beforehand.

I missed a '0' off of an invoice a few years back and left it for the same of keeping an account client (who's still with us), even though on a 5-figure sum, it left a deficit at the end of the month. The shop should have done the same.

CK