Hotel taking payment 14 months after stay

Blackbeard_of_Perranporth

CROSSIE wrote: »

Go to hotel (payed for online)
stay at hotel
buy drinks in bar
put on room
go to bed
get up pay bar bill (but it must fail - didn't look at bank statement)
leave
14 months later get charge on debit card (no new Receipt)
get invoice copy of failed receipt in post

Fully Story

BoP now interprets for the could not care less!


OP stayed inn an inn. Got slaughtered, emptied the mini bar and tried it on.

DoaM

davidmcn wrote: »

Unless you've got better evidence of what you were expecting to pay for (and it doesn't sound like you do) I'm not sure how the breakdown would help you.

OP says he recalls buying "a couple of rounds" ... a breakdown would show what was bought (or at least what the hotel are a claiming for), and allow him to reconcile that with what who he recalls being there.

The hotel will have records of what was sold and when ... IMHO the OP is not being unreasonable in requesting evidence for what the hotel are claiming.

macman

They can't take money from your bank account just by having your account number and sort code. So was it taken from a debit card or credit card? You can dispute the charge with your card provider (not your bank) as technically the second transaction was not authorised.
But, unless you believe the amount to be incorrect, then, as pointed out above, you've enjoyed free credit for 14 months, and lost nothing.

Les79

I would respond in the following manner:

- Make a Subject Access Request (SAR) for a copy of all bills you received from the company. Also, query why they are holding your card details on file for so long (I don't think they are doing anything wrong by doing so, but asking the question may make them re-think things).

- Point out that, as they are alleging that they have no evidence at hand, there is nothing to suggest that YOU owe the debt. Explain that you'll be contacting your card provider and requesting a reversal as the transaction was not authorised. Do this.

- Explain that they are welcome to take you to Small Claims Court armed with the evidence that they are either likely to omit when you make a SAR, or evidence which doesn't exist.

- If there IS a mechanism where charging a card >6 months breaks some sort of rule/guideline then that would be cool. Ask the users who have mentioned that and/or do some research

But that assumes that you haven't admitted liability to them

I'll probably get a few responses about how immoral it is to duck and dive out of a bill, but I'm not strictly supporting that. More a correct process being followed, especially when it isn't clear where the debt has arisen from.

The most sensible option, however, is to just accept it and move on if you are happy to admit liability The above is a bit of a mitherous process which could still end up in your downfall

CROSSIE

Hotel got back to me with the bar bills - It is my drinks order

am happy with that but would be interested in the following if anyone knows

- If there IS a mechanism where charging a card >6 months breaks some sort of rule/guideline then that would be cool. Ask the users who have mentioned that and/or do some research

- Also how did they take my payment with out my pin or security code?

[Deleted User]

You'd already have authorised the transaction, so they didn't need you give your details again, either at the time or if that card was used at check in.

shaun_from_Africa

Checking into a hotel and pre-authorising a credit card payment is in effect, no different to hiring a car and doing the same thing.

There will be something written in their T&C's (which you will be agreeing to when making the booking or presenting the payment card) which states that you accept that the business can take further payments for any outstanding charges that they later discover.

With hire cars this is to cover such things as parking tickets and unpaid tolls and for hotels it's the minibar, phone charges, restaurant and room service charges etc.

Because of this prior agreement, they don't need your PIN or CCV/CVC number.

DoaM

But they do still need to inform the card holder prior to taking payment, if that discovery/payment request is more than 6 months later? I'm pretty sure this is true, but I don't know where this is mandated. (Payment Services Regulations 2017?)

shaun_from_Africa

I've never seen any legislation that states the payment must be taken within 6 months of when it was authorised so it may just be the standard practice or guideline rather than an actual law.

There is a common fallacy that in the UK, cheques can only be paid if presented within 6 months of the date written on them and if the 6 months for credit & debit card payments isn't law then it's possible that the idea arose in the same way.

davidmcn

shaun_from_Africa wrote: »

I've never seen any legislation that states the payment must be taken within 6 months of when it was authorised so it may just be the standard practice or guideline rather than an actual law.

There is a common fallacy that in the UK, cheques can only be paid if presented within 6 months of the date written on them and if the 6 months for credit & debit card payments isn't law then it's possible that the idea arose in the same way.

And any administrative rules about the processing of card or cheque payments don't affect the question of whether or not a debt still exists.