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Who Should Pay?

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missb's picture
missb
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So on Monday I went to lunch with an associate, I paid with my debit card and the total was $27.03. The next day I noticed that my account was overdrawn, I couldn't figure out why so I called the bank and they told me that another charge of $138 was charged by the same restaurant (on top of the $27.03 charge) and it was "on hold". I called the restaurant and long story short, they couldn't figure out what had happened but the guy said it was probably a mistake and the charges won't actually go through that whoever did it probably reversed the charges at the same time he put them through.

Yesterday I looked at my account and saw that the charges had never gone through and I was back in the black again. However, the bank had charged me 3 separate charges of $25 for Mon, Tues, and Weds for being "overdrawn". I called them and asked them to reverse the charges but they would only credit me one of them saying it wasn't their mistake that it was the restaurant's mistake and that they should reimburse me. I don't agree, I mean the money was never actually taken out of my account it was just on hold, so I think that they should be the ones who credit me back.

So before I call the bank again, what do you think? Who is responsible here?

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Smartmom's picture
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Smartmom
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Re: Who Should Pay?

Well I think the bank should credit it back to you but in the end I would say the restaurant should be at fault here. Putting the money "oh hold" is the same as withdrawing it as far as the bank is concerned. When the restaurant puts the money on hold its there way of laying claim to the money in the account till they release the hold. If it took a few days for them to release a hold that they were never authorized to place then really they should be held responsible for it. I would get a letter from the bank stating that the restaurant is responsible and take it up with them. At the very least maybe they will pay you back with gift certificates to the restaurant so its a win win for everyone and better then nothing.

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missb
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Re: Who Should Pay?
hahaha.. I went to the general counsel in work here and he said the EXACT SAME THING! wow, they don't call you smartmom for nothing Laughing thats what I'm going to do, and yes it does make perfect sense.
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Re: Who Should Pay?

Wow, $25 a DAY for being overdrawn? Is this at a credit union? Why did the restaurant lay claim to an extra $138 in the first place? What was their reasoning? Or did they just accidentally charge your card?

Maybe you can screw the restaurant back a little bit by saying you were charged $75 (even though the bank credited $25 back, don't mention that part) and get an extra $25 for yourself out of it. Consider it compensation for them causing you any stress and making you do all of this footwork. Wink


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missb
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Re: Who Should Pay?
yeah $25 a day, which is not bad considering others charge $30, its not a credit union its a bank but its a smaller more local bank. They claim that it must have been an error and he said he didn't see anything on his records for that amount, so an accident I guess. Yeah I might just do that, I get screwed and I have to fight for my own money back.
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missb
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Re: Who Should Pay?
so here's whats happening. The bank said that they couldn't provide me with anything that shows the hold, but they said if they received a letter from the restaurant explaining what happened etc etc, that they would credit me back all the charges, so I just spoke to the owner and he's going to fax a letter to them today. Problem solved Big Grin
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Re: Who Should Pay?

you guys would be very surprised by the number of purveyors that put an additional amount of money on hold when someone charges with a debit card. I had a similar experience when my husband used our debit card to pay for a gas purchase. $25 became $60 something. This is all very legal.
Banks have their own set of rules too. So I got charged $32.50 twice in bank fees for being overdrawn! They charged me money for having no money which I really did have once the gas station released the hold. It's crazy, isn't it?

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missb
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Re: Who Should Pay?
Yeah it's totally insane, I mean don't they realize that just be holding that extra amount can put you into the red and so accruing overdrawn fees, it's disgraceful, so really if you think about it, when that happens who should be held accountable? I can understand if you go to rent skis or some other equipment and they put the value of that on your card until you return them, but gas? thats outrageous!

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