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Do I have any recourse for a store screwing me out of $630? (1 Viewer)

Mad Cow

Welshers and Dawdlers Beware!
So in October, my wife visited a flower/gift shop looking at Halloween decorations. She loves the villages, etc. Has a massive one, lots of fun for the kids, whatever. She loves it and it makes her happy. As a sidenote, the store is in the same complex as my old office that I rented for 12 years and the owner was my landlord. I will give a spoiler and tell you he was always a gigantic ****.

So she buys a few things for $92 and change. She said they had trouble running the card at the time of transaction and even took it in the back of the store.

Fast forward to last week I am finally reviewing the electronic statements, and they charged us 6 additional payments of almost $105 each, totaling just short of $630. I contact the owner and he says he will talk to his merchant account and see what can be done. Says he will call me back Monday. Well, today I call him back and he says, sorry, he doesn't have it so I have to work with my bank. Whatever. I knew you were a #### and figured this was the response. FWIW my bank statement shows that all payments went into his merchant account.

I call my bank, with whom I have numerous accounts and a very large SBA loan to fund the new office building I had built 3 years ago. The transfer me to some girl that looks into it and says sorry, it is past 60 days. There is nothing we can do. I was stunned. She will not budge. I call the local branch again and leave a message for the loan agent that handled my SBA loan and ask for help here. I am still waiting to hear back from him. I am well known at the branch and they have pocketed a LOT of interest money from me over the years from my initial start up as well as this SBA, let alone my business and personal accounts.

So, assuming the bank decides to do nothing, what recourse do I have? Where do you go from here? I have a feeling the store owner didn't even really try, based on the years of experience I had dealing with his dishonesty before. Can I absorb the $630? Sure, but is pisses me off and I would like to take it to another level.

 
That sounds horrible... If this bank doesn't help, you need to stop doing business with them right away.

With no help from the bank, your recourse is probably small claims court.

I'd also slash his tires.

 
That sounds horrible... If this bank doesn't help, you need to stop doing business with them right away.

With no help from the bank, your recourse is probably small claims court.

I'd also slash his tires.
Agree.

He won't have 6 receipts with your signature on them. Or if he does because you did it electronically...they will all look exactly the same which is impossible.

 
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What kind of card? Did you go through VISA/MC/AMEX or simply the issuing bank? Unless you've passed the deadline, I'd assume the card company will be much more helpful than a bank branch.

If the above doesn't work, maybe small claims court.

Then I'd go on a Yelp tirade.

 
What kind of card? Debit card or credit card?

First, and you already probably know this now, don't wait so long to review statements. Secondly, whichever kind of card this is should be able to look at the transaction history and timing of it. If it shows multiple transactions for same amount over a short period of time, then they should address this for sure. Take it up higher if need be. If not, then your only recourse is small claims court.

Dumb question, but do you still have the receipt?

 
That sounds horrible... If this bank doesn't help, you need to stop doing business with them right away.

With no help from the bank, your recourse is probably small claims court.

I'd also slash his tires.
Agree - definitely slash his tires. But, only up to the amount of worth of that he took from you to make it more of a "fair" trade. Otherwise, he may take you to small claims court, since he is a #### and all.

 
As for the standard sleep with his wife comment, this is an older man that owns a floral shop. I ain't goin' all Arizona Ron on his "wife".

 
1. Contact BBB

2. Close bank accounts & cancel debit card

3. Screen capture the multiple charges, blow it up & print it out on 24x36 signs with the words above it "SHOPPER BEWARE"

4. Recruit several FBGs for a cornhole/protest on black Friday.

 
Meet with a Bank leader in person. Always better to meet with people in person to get things like this accomplished. People are always more hard line over the phone.

 
Never heard of an approval for over 60 days on claims but I guess anything is possible. Before the 60 days period the claim would be run through and the merchant would be debited the $. At this point, the bank would pony up the $630 out of it's own pockets. You have to be one hell of a customer for a bank to do that on something that is not their error or fault. Basically- I don't think it is going to happen.

You are then left with small claims court.

 
I work for a Tier I bank. No way I would let some lackey treat a customer like this. Do you bank with a regional or mid/large bank? I know that i have disputed item on my debit card for way longer than 60 days (i use a CC for 99% of things i charge so I rarely look at my statement either). As someone eluded to earlier, get a hold of the banker that helped with your loan. They will be able to escalate so that it is fixed in a hurry. I waive fees in the 10 of thousands for my sales team, good customers, etc all the time. this should be a non-issue.

 
I appreciate the responses. unfortunately, small claims court just seems like a wasteland where your time and efforts go to get nothing in return. Went once for my father in law, spent several hours there, ended up in mandatory mediation where the deadbeat renter swore they would make payments, then disappeared forever, because you can with how terrible the enforceability of small claims is. I would rather eat it than spend the hours there.

I am still waiting on the loan agent to call me back. If he says no, I will go in and talk to the branch manager and just calmly ask that they make it right. If not, I guess I thank them and start closing accounts. It is a small local bank with I would say 10-15 branches here in Utah. They pride themselves on small town service with big town benefits. Guess not.

 
I guess I don't understand the outrage for the bank? If it is indeed VISA's policy, why would you expect them to essentially, hand you $600? Sure, you are a good customer, but this isn't waiving fees like sbonomo mentioned. IMO, your anger should be:

store owner

yourself

VISA

bank

 
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Oh, and when I say older, we are talking about a man in his 50's that owns 2 small dogs and owns a floral shop. Not grampa.

 
I guess I don't understand the outrage for the bank? If it is indeed VISA's policy, why would you expect them to essentially, hand you $600? Sure, you are a good customer, but this isn't waiving fees like sbonomo mentioned. IMO, your anger should be:

store owner

yourself

VISA

bank
Agreed. But it also silly to assume that the bank does not have any leverage. However, when I have had problems in the past, Capital One or Bank of America with CC fraud, even 90+ days in the past, they have taken care of it the same day. So I guess I am also used to companies that make a lot of money off of me using their product to take care of me when issues happen. But I do see your point.

 
Regardless of the bank response, to me this is between the customer and merchant. Did he acknowledge that you were overcharged $630?

If he does, then what does it matter what Merchant Services or your bank says? He needs to correct it.

1) He can easily do a credit (reverse) transaction, effectively putting the money back in your account.

2) He can give you cash.

 
Regardless of the bank response, to me this is between the customer and merchant. Did he acknowledge that you were overcharged $630?

If he does, then what does it matter what Merchant Services or your bank says? He needs to correct it.

1) He can easily do a credit (reverse) transaction, effectively putting the money back in your account.

2) He can give you cash.
He says he does not have it, tough luck. He is a ####. To put this in perspective, when I was his tenant, I borrowed a ladder that he always kept out back int he alley, in plain sight. He said just put it back when done. I did. Then it ended up missing a couple of days later and he demanded I pay him to buy a new one under threat of kicking me out. He will not do anything if he can keep the money or it might make him do work.

 
So $630 was removed from your debit card but the dude is saying he only got $92 from his merchant?

Do I have that right?
Correct. Actually, $722 was removed. The $92 was a purchase. The $630 was the raping.
If that's the case, then you can take that information to your bank and they should reverse it easily.
You would think, huh?
Just seems like an obvious mistake.

I would speak to your bank again, this time in person.

Bring your evidence and ask them to help you as the seller claims he did not get any additional money....and lastly I know it is dumb but just double checking.....make sure you look at your statement all the way through.

Would suck for you to make a stink about this only to find out they credited your account on the next page but you missed it.

 
I will plan on going in tomorrow after work. Yes, I checked, thinking the same thing. It is not there. I had that same thought. :bag:

 
small claims is your best bet.

your experience re a tenant is because small claims is a terrible place to do landlord/tenant stuff. with regular business transactions, small claims is fine.

 
I will plan on going in tomorrow after work. Yes, I checked, thinking the same thing. It is not there. I had that same thought. :bag:
it's amazing how so many of life's problems can be avoided with some simple patience, understanding and double checking things to make sure you are not overlooking something

 
So given the fact that I cannot stand talking to this guy anymore, I have sent an email letting him know that I have the documentation and witnesses to make a legal case. I ask that he make his merchant company take care of it. Once he tells me no, then I will let him know that I will be filing a legal suit.

 
He said he does not have it. Does that mean he says he never received the money or that he doesn't have the money to pay you back?

What a xxxx this guy is.

I wouldn't tell him I'm filing suit. He'll know when he gets served.

 
He said he does not have it. Does that mean he says he never received the money or that he doesn't have the money to pay you back?

What a xxxx this guy is.

I wouldn't tell him I'm filing suit. He'll know when he gets served.
I think the point was to threaten with the suit in hopes he just pays.

 
So given the fact that I cannot stand talking to this guy anymore, I have sent an email letting him know that I have the documentation and witnesses to make a legal case. I ask that he make his merchant company take care of it. Once he tells me no, then I will let him know that I will be filing a legal suit.
If the guy is trying to blame his merchant processor, then it's a pretty weak excuse. Even if they accidentally ran the card too many times, they still probably sent the $600 to him.Sue him and let him sue the merchant processor to recover his losses, if any.

 
1. Contact BBB

2. Close bank accounts & cancel debit card

3. Screen capture the multiple charges, blow it up & print it out on 24x36 signs with the words above it "SHOPPER BEWARE"

4. Recruit several FBGs for a cornhole/protest on black Friday.
Or better yet, Valentine's day is coming up... I bet that dude would #### kittens if you were outside then.

 
1. Contact BBB

2. Close bank accounts & cancel debit card

3. Screen capture the multiple charges, blow it up & print it out on 24x36 signs with the words above it "SHOPPER BEWARE"

4. Recruit several FBGs for a cornhole/protest on black Friday.
Or better yet, Valentine's day is coming up... I bet that dude would #### kittens if you were outside then.
:lol: Indeed. Shop here if you want to pay 6X the now 6X inflated price for your roses.

 
Sounds like you've incurred some pain & suffering here. LARGE CLAIMS COURT imo. It's similar to small claims court except everything is in caps.

 

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