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Charged wrong amount on credit card, impossible to correct?

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A little puzzled/stuck here, was wondering if I could ask the forum for advice.
  1. Was abroad (Poland), went to a club, left and paid my bill using chip and pin on an MBNA issued credit card, got just a terminal receipt.
  2. About 30 minutes later I was putting my receipts away and saw it was 10x more than it should have been.
  3. Assumed it wasn't going to be a problem, called the card company to just say I want it to be 10x less how do I do it, they said "we need to class this as fraud and cancel your cards" (ok but fair enough).
  4. About 5 days later on a call with them they say there isn't anything else they will do (as it was chip and pin), its my fault and the payment is just going through.

Reading around online it appears that I might be doomed due to the chip and PIN aspects, it just seems odd. If it was the UK it would be easy enough to go for a chat with the club and arrange a refund (I'm still willing to believe that this was a mistake rather than fraud).

Is there anything I can do to force the bar to provide a real receipt to the card company (which should then show the wrong amount), or any alternative avenue to explore here. With the language/distance barrier it is difficult to attempt on my own.

I can afford to eat the amount but it isn't insignificant (over the £100 section 75 limit) and there is something of a principle here, always presumed the credit card company would protect me from something like this.

As far as I can see I can try the following routes:
  1. Section 75: Services not delivered, I get the feeling from the card company that they would say no based on my doing the chip + pin and that I admit I did owe them money (just not that much!)
  2. My credit card T&Cs mention protection in the EEA "before you know the amount that will be charged", again kind of suspect that the chip+pin/actually there would mean I can't use this
  3. UK Small claims court after exhausting the complaints/FSA ombudsman route
  4. Try and do something in Poland, not really sure what

In terms of what I have, I have the wrong receipt and the details of the club (address etc) though the bank mentioned that they could be incorrect.

Thanks for any advice you have!
«1

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 November 2012 at 7:41PM
    ...
    1. About 30 minutes later I was putting my receipts away and saw it was 10x more than it should have been.
    I think coming back and asking the retailer for a refund was the most natural and the only way of correcting the error.

    How is the CC company supposed to arbitrate now?
    The bar doesn't remember anything, but has the transaction authorised by you.
    You can't prove anything.

    What the CC company told you first was rubbish. Complain about misadvising and demand a refund from the CC company on these grounds.
  • WanderingMe
    WanderingMe Posts: 3 Newbie
    edited 16 November 2012 at 6:23PM
    Hi grumbler,

    That's some very good advice and something I was thinking of as well in the background, your opinion is appreciated - thanks. I so wish I'd done that now (gone back) as it would have been so much easier!
  • Assumed it wasn't going to be a problem, called the card company to just say I want it to be 10x less how do I do it

    I can't understand why you'd think it's possible to phone up your credit card company and tell them you'd like a charge reduced by 90%

    If you could do that everyone would be buying cars then telling their card company to reduce the charge to £1!
  • Was abroad (Poland), went to a club, left and paid my bill using chip and pin on an MBNA issued credit card, got just a terminal receipt.

    I presume it was a clip joint and they are doing that sort of thing, if a punter is blind-drunk, as you presumably were.

    How can your Credit Card know how much you had to drink and what the bill should have been? You confirmed the amount due by using your pin. If there had been a difference between the receipt and the charge, than the bank would have had something to act on. Not in this case. End of story, for the bank.

    Report it to the Polish police. These sort of things might happen frequently in that particular club. Maybe the place gets closed down. That might not get you the money back. but at least it gives you some satisfaction.
  • end of the day its your word against theirs,imho you will have no choice other than to take the hit,i`m puzzled how you think a uk scc would help
    out of interest how much are we talking about?
  • WanderingMe
    WanderingMe Posts: 3 Newbie
    edited 16 November 2012 at 8:12PM
    dtaylor84 wrote: »
    I can't understand why you'd think it's possible to phone up your credit card company and tell them you'd like a charge reduced by 90%

    If you could do that everyone would be buying cars then telling their card company to reduce the charge to £1!

    Indeed, well I didn't really know what else I should do (And I didn't ask them to reduce by 90%, I said that they had put in an extra zero, how do I fix it). I presumed there was some form of formal dispute mechanism that would involve me saying: they overcharged, some form of invoice request and then the credit card company decides that it was too large a spend - clearly a little naive.

    I enjoy the banter about my soberness as well, truth be told wasn't that drunk at all (was a work gig rather than any lads holiday) but certainly was far too trusting in terms of not double checking. (Oh and now having googled 'clip joint', didn't know that word it wasn't, just a normal drinking bar)

    As I mentioned, was kind of surprised as I imagined paying by card was safer in these situations, I'd have been far better using cash, maybe I just have to learn from this and move on, certainly feel the bank mis-advised me here but that will probably only provide a bit of advice for others in the future.

    (But thanks for all the responses and views)
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Paying by card is safer, but the onus is on you to check that what you are confirming when you enter the PIN is actually correct. Once you've done that the CC issuer has to assume that it's the right amount unless you deny making the transaction at all.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    A little puzzled/stuck here, was wondering if I could ask the forum for advice.
    1. Was abroad (Poland), went to a club, left and paid my bill using chip and pin on an MBNA issued credit card, got just a terminal receipt.
    2. About 30 minutes later I was putting my receipts away and saw it was 10x more than it should have been.
    3. Assumed it wasn't going to be a problem, called the card company to just say I want it to be 10x less how do I do it, they said "we need to class this as fraud and cancel your cards" (ok but fair enough).
    4. About 5 days later on a call with them they say there isn't anything else they will do (as it was chip and pin), its my fault and the payment is just going through.
    Reading around online it appears that I might be doomed due to the chip and PIN aspects, it just seems odd.

    Is there anything I can do to force the bar to provide a real receipt to the card company (which should then show the wrong amount),

    always presumed the credit card company would protect me from something like this.


    As far as I can see I can try the following routes:
    1. Section 75: Services not delivered, I get the feeling from the card company that they would say no based on my doing the chip + pin and that I admit I did owe them money (just not that much!)
    2. My credit card T&Cs mention protection in the EEA "before you know the amount that will be charged", again kind of suspect that the chip+pin/actually there would mean I can't use this
    3. UK Small claims court after exhausting the complaints/FSA ombudsman route
    4. Try and do something in Poland, not really sure what
    In terms of what I have, I have the wrong receipt and the details of the club (address etc) though the bank mentioned that they could be incorrect.

    Thanks for any advice you have!

    You have no chance of getting the money back.

    When you enter yout PIN you are agreeing to the amount shown on the screen...
    Certain that the reciept you have will match upto the debit on the card, in terms of transaction details etc.
    As well as they cannot give you the wrong reciept and then debit you that amount if you PV the so called correct amount.

    Only redress you have is with the retailer. Ie you need to go back and get them to refund you..

    Section 75. Not a chance. No breech of contract etc. PV=You agreeing.
    FOS. Again not a chance. You have the reciept, which will match up to the debit. You did not report to the local police. Had you have done so you could have got your money back on the faud basis.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • A mate of mine lost US$900 when a bill for $30 became $930... A dodgy hotel claimed the PDQ machine was out of order and used a traditional imprinter machine. They entered $30 but didn't cross out the blank boxes. He walked off with the top copy showing $30. Of course, this was lost by the time he got home to the UK. When he disputed the $930 debit, sure enough the merchant was able to produce a voucher showing $930....

    Agree with the comment above - sometimes cash is safer. It's a bit like setting a "stop loss". You can only lose what you decide to take with you.

    OP: agree with the answers above. Your remedy is in Poland with the merchant and it will be tricky. You are entitled to dispute the transaction with the CC in which case the onus is on them is to produce the proof that you authorised the transaction. It seems they will have no trouble doing that.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    A mate of mine lost US$900 when a bill for $30 became $930... A dodgy hotel claimed the PDQ machine was out of order and used a traditional imprinter machine. They entered $30 but didn't cross out the blank boxes. He walked off with the top copy showing $30. Of course, this was lost by the time he got home to the UK. When he disputed the $930 debit, sure enough the merchant was able to produce a voucher showing $930.....

    But your friend had the top copy showing $30..... Can't alter them.

    Jobs a good un. money back.

    Unless he threw it away :eek:
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
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