Restaurant overcharged my debit card x 10!

[diamond20]

What is the name of your state (only U.S. law)? PA

My husband and I went out for dinner and paid with a bank card. Next day I checked the balance on our bank account and saw that it was overdrawn couple of hundred dollars! Usually we are pretty good with our accounting and things like that just do not happen, but I would understand if it was $20-250, but not hundreds! No charges were shown online. When I called the bank, they told me that there is a pending charge of $600. Both coming from that restaurant we went to. I called the restaurant and demanded to speak to the manager but they told me he was not in. They said the charge wasvoided and that money will be back on my account by Monday. Well, it is Monday, their manager never called me back and our account is still overdrawn. This is pretty big deal to me, I mean $600! What is the best thing to do in my case?

 

[xylene]

What did your bank say when you disputed the charge?

 

[Antigone*]

What is the name of your state (only U.S. law)? PA

My husband and I went out for dinner and paid with a bank card. Next day I checked the balance on our bank account and saw that it was overdrawn couple of hundred dollars! Usually we are pretty good with our accounting and things like that just do not happen, but I would understand if it was $20-250, but not hundreds! No charges were shown online. When I called the bank, they told me that there is a pending charge of $600. Both coming from that restaurant we went to. I called the restaurant and demanded to speak to the manager but they told me he was not in. They said the charge wasvoided and that money will be back on my account by Monday. Well, it is Monday, their manager never called me back and our account is still overdrawn. This is pretty big deal to me, I mean $600! What is the best thing to do in my case?

You will not need any legal action here. Your bank will take care of it. Here is how you need to handle this situation.

You will have to wait until at least tomorrow. IF the debits posts to the account, then you will need to file a fraud claim with the bank. You will be made whole right away. They will also take care of any OD fees that you may incur. If you do call your bank today, don't expect to be able to take care of this ~ you have to wait until the erroneous amount actually posts to the account.

Hopefully the amount will not post to the account and no further action will be needed on your part.

I would however, call the restaurant (very calmly). I am sure this was a mistake someone made at the terminal. Let them know how this was an inconvenience to you. If you handle yourself properly, you may get a nice free meal for the inconvenience even though they legally won't owe you a thing.

Please let us know how this ends up for you. Take care, ana

 

[xylene]

Ok

The restaurant owes them the balance that was overcharged - no matter what.

Depending on the card processor agreement - the restaurant may owe the poster or the bank any overdraft fees that resulted from the erroneous transaction.

Ah, and if the mistaken charge was rung up with willfully negligently or maliciously - not a simple error, but with malfeasance, then the restaurant indeed could well owe them damages.

 

[Antigone*]

The restaurant owes them the balance that was overcharged - no matter what.

Depending on the card processor agreement - the restaurant may owe the poster or the bank any overdraft fees that resulted from the erroneous transaction.

Ah, and if the mistaken charge was rung up with willfully negligently or maliciously - not a simple error, but with malfeasance, then the restaurant indeed could well owe them damages.

Let's not jump the gun Xylene. This was a debit card. IF the debit posts, the bank will make the OP whole.

Patience grasshopper

 

[diamond20]

Thank you all for fast response.

The bank said they cannot do anything and that I have to wait untill the charge goes through and then I can file appeal. meanwhile our account is overdrawn and we do not have money for our daily expenses and have to dip into savings

 

[eerelations]

How can the account be overdrawn if the charge hasn't gone through?

 

[CourtClerk]

How can the account be overdrawn if the charge hasn't gone through?

It's a pending transaction. It subtracts it from the available funds leaving little (or no) money to cover checks/other transactions.