Dear BG Legal: Can i sue for getting double charged? (Please read)

[Nitsuki]

Ok so here's the situation, this is extremely serious, and i'm about to take immediate action:

sorry for tl;dr

Just last week, I was in a business trip for my new job, everything was ok at check-in, they asked that i would use a credit card for ONLY a $15 deposit, i mentioned that there's a company card as well and to please put the hotel charge on that. They told me that there is one but they would need one w/ my name on it. So I proceeded to give my bank card and agreed to the $15 deposit that i'm gonna get back.

Check-out time rolls around, I told the lady in the lobby counter that i'm confirming that they're charging the company card and to only have my bank card return the $15 deposit, i checked my bank account, and the $15 deposit was returned.

The next day, i go to my bank (Chase) to deposit the extra cash i took for the business trip, the teller told me that you're $-200 after the deposit, i was already WTF!?!??! I go to my friend who works at my local branch, and we see the hotel fucking charged MY BANK CARD the $600 for the week stay. I called the hotel, and they said "We've reversed the payment on your card, and charged the company card, now it is up to your bank's discretion to release the hold for the charge back".

2 business days roll by (today) I get a text message from chase like a fucking bad nightmare, i see $-1200 on my bank account, ANOTHER WTF?!?!? I see my online banking, and not only did the hotel charge go past pending status, i got the overdraft fees BUT ANOTHER FUCKING CHARGE FOR THE SAME AMOUNT FROM THE HOTEL WENT BY.

I called the supervisor and general manager for the hotel and i left them a voicemail, gonna keep calling them all day today. I also spoke to my marketing manager and my director of operations who booked the trip for me to see if they can help me out in this situation as well.

Now, because this charged happened twice, i've been lied to twice, can this be a possibility for a lawsuit on my side?

again sorry for the tl;dr, but i need to know.

[Ronfar]

Why is everyone so sue happy? Just get a hold of the people at the hotel, someone fucked they will fix it.

[Cream Soda]

Why is everyone so sue happy? Just get a hold of the people at the hotel, someone fucked they will fix it.

Well, in defense of OP, I think he wanted to sue for the money he was charged by his bank, provided they would not return it to him on their own, not suing for additional monies for "punitive damages"

[Ikith]

Why is everyone so sue happy? Just get a hold of the people at the hotel, someone fucked they will fix it.

YOU SAID I'M SUE HAPPY... I'M SUING YOU FOR SLANDER AND FOR DEFAMING ME!

[Tyche]

Of course you can sue them. You won't have to though, they'll take care of it. Might have to provide bank statements though. Don't be a dick to them, it'll get taken care of faster. If they refuse to credit back the overdraft charges, then that's when you start talking litigation. Lawsuit will be the last effort.

[Fhloston]

Christ, that sucks man.

I agree w/Tyche, just keep on them, but keep cool about it. (Not sure if I could though if I was that much in the hole..)

Best of luck!

[Tyche]

You should call your bank and dispute all the charges as fraudulent as well. The least they would do is flag the account so it doesn't continue to accrue charges.

[njitjk68]

Well, in defense of OP, I think he wanted to sue for the money he was charged by his bank, provided they would not return it to him on their own, not suing for additional monies for "punitive damages"

I'm very close to doing so and suing them for a nice sum of money.

Sounds like he wants more than he lost.

[Cream Soda]

Oh, I misread OP. Yea, tard, ect.

[Mizango]

Of course you can sue them. You won't have to though, they'll take care of it. Might have to provide bank statements though. Don't be a dick to them, it'll get taken care of faster. If they refuse to credit back the overdraft charges, then that's when you start talking litigation. Lawsuit will be the last effort.

Right here.

[Quixon]

Why would you pay for ANYTHING work related with a card linked to your personal bank account?

Get a credit card for that shit man. Then you won't have to deal with bullshit like this.



Yes you can sue them, no you won't be suing them. They will fix the double charge, and more than likely not pay the overdraft fees back to you. Your bank should wave those O/D fees because the charges were fraudulent.

[Dmitry]

What hotel did you stay at? I didn't get asked for a card with my name on my last trip.

[Mytiwar]

You won't be getting more than what they are charging you even if you sue them unless you can prove some other kind of damage and lol to that.

[Tyche]

I'd be fairly shocked if the hotel didn't pay back the overage charges. If they don't, the bank should wave them after the hotel admits fault to the fraudulent charges, but even then, sometimes banks have a limit on the amount of overdraft charges they will credit. You definitely need to speak with your bank though (although it sounds like you have).

[Qalbert]

Yeah just tell your bank like Tyche said and continue to talk to the hotel and calmly and politely explain what the mistake is, and eventually, vwala, it will all work out. Going sue happy just because someone made mistakes (face it, it happens) doesn't help anyone.

[Nitsuki]

Just an update.

I went to the bank, and talked to them about the overdraft charges, what they told me is to wait it out a bit, and see how the situation escalates. If the situation gets worse, they told me to call the fraud department to file a claim like tyche said.

As far as the hotel is concerned, i spoke to the general manager, they claim it was a "glitch" in their system and that's why i got charged again, even tho they claim that they charged my company card.

I've spoken to my Market manager again and Director of Operations, my Market manager is gonna be at the store with me today and he asked me to bring him my online bank statements and my hotel bill. He's gonna get on top of this as well and help me out in the situation.

Chances are, i probably won't need to sue the hotel, i can get the overdraft charges back by just talking to the branch manager of the bank, so that's no problem at all. But again if the situation escalates, i might have to take legal action for all my money back and one way or another.

Thanks for reading this and thanks for the advice, i'll get back to the thread to update the situation after work tonight.

[Woozie]

I don't think it's fair to call him "sue happy". He just wants to get his money back by any means necessary, and he was probably worried that the bank and hotel wasn't going to make this easy. He just wanted to know if he'd be able to sue for his money back if he really had to.

When things like this happen to me, I immediately start thinking of the worse case scenarios. Especially when it involves a bank, because, in my experience, banks really love to find ways to keep peoples money.

[Qalbert]

the large sum of money implied that he wanted damages for his trouble, and that is what bothers me. If you have to resort to legal measures to get the charges reversed, that's one thing, if you are looking for a free check on top of that for your trouble, its a whole nother thing.

[Acturus]

the large sum of money implied that he wanted damages for his trouble, and that is what bothers me. If you have to resort to legal measures to get the charges reversed, that's one thing, if you are looking for a free check on top of that for your trouble, its a whole nother thing.

Maybe the OP doesn't understand how small claims issues work?

This is a very small sum of money from the description provided, and if legal action were pursued, the matter would be solved before it ever reached a courthouse. In the process, however, the OP would incur legal fees.

Unless, as Qal states, OP is looking for additional amounts of money for whatever pain and suffering or loss of assets or whatever that this issue has caused.

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I went to the bank, and talked to them about the overdraft charges, what they told me is to wait it out a bit, and see how the situation escalates. If the situation gets worse, they told me to call the fraud department to file a claim like tyche said.

As far as the hotel is concerned, i spoke to the general manager, they claim it was a "glitch" in their system and that's why i got charged again, even tho they claim that they charged my company card.

What bothers me is that the bank advised you to "wait it out". The bank is supposed to be your advocate in these matters, and they should escalate the situation with the hotel for you. Fraudulent charges don't necessarily work themselves out, and if they do, it's not always a timerly manner. Plus, being $1200 in the hole plus overdraft fees is a serious issue for a personal account.

Now, once it's all said and done, the bank should reverse the overdraft fees, no questions asked. It wasn't your mistake, and you shouldn't pay for it.

[Tyche]

This is why you bank at local branches. Local branches rely on having their small customer base being quite happy base since they don't have hundreds of thousands of people banking with them. I love my bank. I've had a ton of trouble with some fraudulent charges at a 53 bank. Switched to the local bank, and never had an issue.