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Restaurant demanding money not owed
Pikupiku
Posts: 9 Forumite
Hope someone can advise
On Saturday I went to a local restaurant for a friend’s birthday, in a large prebooked group (food pre-orded - place had full list). There were 23 of us. Booked for 7-9. The food didn’t arrive till 9. Service awful… starters and mains all together, half hour or more between first and last person getting food. Totally disorganised. They did say we could all get a free drink (their choice) They said we should each go to pay at the till. So we did. But they continued the omnishambles and didn’t (maybe) seem to tick things off on any list.
As my friend left (some 2 hours late) they said she still owed £90. This was queried and they changed to £60. My friend payed just because she wanted to end the matter, and shes too nice…. But it was under protest… because the waitresses looked upset. (the manager left half way through evening!)
On Monday, she had a text from a guy who said that he was the manager, saying that she owed £250 and had 24 hours to pay or he’d start court proceedings. He then rang her up, said they should meet, she wasn’t keen and he began an aggressive tirade saying he had CCTV evidence (of what, who knows – it would show everyone paying!) She hung up on him. Then later messaged him to say she wont meet him, all comms should be in writing and he couldn’t have watched the CCTV, because it would show we paid.
He has now messaged her again “apologising” for his attitude and saying again that they should meet up to discuss. Trying to dissuade her of this, but aside from that, what are her rights? I assume he has to prove that we didn’t pay? (which he can’t) Can anyone give any advice?
On Saturday I went to a local restaurant for a friend’s birthday, in a large prebooked group (food pre-orded - place had full list). There were 23 of us. Booked for 7-9. The food didn’t arrive till 9. Service awful… starters and mains all together, half hour or more between first and last person getting food. Totally disorganised. They did say we could all get a free drink (their choice) They said we should each go to pay at the till. So we did. But they continued the omnishambles and didn’t (maybe) seem to tick things off on any list.
As my friend left (some 2 hours late) they said she still owed £90. This was queried and they changed to £60. My friend payed just because she wanted to end the matter, and shes too nice…. But it was under protest… because the waitresses looked upset. (the manager left half way through evening!)
On Monday, she had a text from a guy who said that he was the manager, saying that she owed £250 and had 24 hours to pay or he’d start court proceedings. He then rang her up, said they should meet, she wasn’t keen and he began an aggressive tirade saying he had CCTV evidence (of what, who knows – it would show everyone paying!) She hung up on him. Then later messaged him to say she wont meet him, all comms should be in writing and he couldn’t have watched the CCTV, because it would show we paid.
He has now messaged her again “apologising” for his attitude and saying again that they should meet up to discuss. Trying to dissuade her of this, but aside from that, what are her rights? I assume he has to prove that we didn’t pay? (which he can’t) Can anyone give any advice?
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Comments
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How did everyone pay? If it's in cash then it will be on the CCTV, if it's on card it'll also be on the CCTV and it'll be on the bank statement. The manager doesn't have a leg to stand on. How did he come up with the sum of £250? Is that the amount your total bill came to? I would advise your friend not to meet up with him, he claims to be the manager but could be anybody really.0
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sounds really dodgy that he keeps asking to meet. I would possibly visit the restaurant to view the CCTV with him, only when i knew it would be busy and open and i was therefore safe.You're not your * could have not of * Debt not dept *0
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With a friend.sounds really dodgy that he keeps asking to meet. I would possibly visit the restaurant to view the CCTV with him, only when i knew it would be busy and open and i was therefore safe.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
peter_the_piper wrote: »With a friend.
Or 2.
OP is this restaurants part of a chain eg Mitchell & Butler ?0 -
"OP is this restaurants part of a chain eg Mitchell & Butler "
no - a small local business, that looks like its not been filing its company figures and is on a 2 months warning on Gov site!0 -
charlotte1994 wrote: »How did everyone pay? If it's in cash then it will be on the CCTV, if it's on card it'll also be on the CCTV and it'll be on the bank statement. The manager doesn't have a leg to stand on. How did he come up with the sum of £250? Is that the amount your total bill came to? I would advise your friend not to meet up with him, he claims to be the manager but could be anybody really.
mix of cards and cash. The amount is weird - bill came to around 330... no idea where this number came from!0 -
No need to visit in order to view the CCTV, they could send it by other methods or upload it somewhere online.I would possibly visit the restaurant to view the CCTV with him, only when i knew it would be busy and open and i was therefore safe.
Though really I would just ignore and see if they pursue it.0 -
If he wants to start a court claim there is a process to follow which isn't ringing and demanding money within 24 hours.
Personally I wouldn't go and see him. I would write saying you deny any debt is owed and that if he believes otherwise he should send a formal Letter Before Claim.
I would also warn him in this letter that failure to adhere to the mandatory Pre-action Protocols could see his claim dismissed with him liable for costs.0 -
The OP says that restaurant owner cannot prove that they didn't pay. Something does not seem right here. Either they paid in full for the meal or not.0
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