elizabeth1979

I have a question...so I am fighting with the hotel that allowed my ex to use my credit card. Well. I spoke to our familys attorney who is on retainer and always helps me out at no cost. He is in trial and unable to get to it for a couple weeks. That is not an option for me...I need the money. They charged 600.00 almost, and as a result, my car payment, car insurance, credit card bill, and cell phone bill bounced creating $233 of overdraft charges and $100.00 of vendor NSF charges.
Ok, my question...does anyone know if I need to have an attorney to take this hotel chain to court? The hotel GM will not call me back and I am starting to sweat this. I work in finance, for a credit card and life insurance company and have never seen anything like this! Thanks guys

Mich

Personally, If the hotel is local, I would go there and ask to speak to the manager IN PERSON.....I wouldnt leave until someone helped me...... but remember always kill them with kindness.........It's there fault...ask to speak to the managers manager.... if all else fails threaten legal action and leave your name and number...
Good Luck
M

JT

$600 would probably qualify for small claims court. Call your courthouse on Monday. But I am betting it is still going to take time.

Perhaps your no cost lawyer could draft a strongly worded letter...

Hugs,
JT

walkingtheline

no attorney needed for small claims.

But, you can also protest it with the cc company and have that charge "set aside" while it's disputed. If it's a debit card, if you notify the police and give bank the report # the bank will often refund your money and then THEY will become the injured party.

Info on disputing a cc charge is here: http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

If it's a debit card someone using it without your consent is engaging in ID theft.

Good luck!

gelfling

Hi Elizabeth,

Go to the top if the deal with the manager doesn't work. Contact the CEO of the hotel chain and explain the situation to them. Advise them he had no legal right to use the card as his name wasn't on it, you guys are no longer a couple, etc. and that one of their employees took the card without asking for proper identification which would have proven that he wasn't authorized to use the card. Therefore, you are not legally responsible for the bill. Tell them you want the money to be refunded immediately and add in that you want interest too and they'll probably give it back to you without the interest pretty quickly. But the interest twist is just a little push.

If this doesn't work, report them to the Better Business Bureau and get them involved. They don't like their name smeared and will do whatever possible to keep their records clean.

Good luck.

best

No lawyer needed for small claims.

The first question I would ask as a defense would be... was the card stolen and did you report it to the police and credit card Co.?
If the card is in your name (has your name on it) and they allowed him to use it without contacting you for approval... I think that is something you should bring up with your credit card Co and have them reverse the payment as unathorized.
Your Ex using your card, the police should have been told as he was using a stolen card. I don't see an issue with the hotel. I see a solution by contacting the card Co. and state that the charges were not athorized and need to be reversed. If reversed the hotel takes the loss or goes after the Ex for payment.

elizabeth1979

Yes, the card is mine and mine only, a debit card in only my name attached to my checking acct. The hotel knows they messed up in my opinion...bc I did not auth this charge...the card was not stolen...he gave them the cardnumber and the hotel took it...no physical card ever was produced. Who does that...I mean that employee needs to be canned. :cursebunn

I am angry with him, but that does me no good...I need the hotel to be responsible for their egregiously careless behavior. So, I think I will drive on down to the Super 8 in Lakewood Colorado and threaten the heck out of them and then call corporate and then I guess go to the court on Monday.

drgnfly30

Not sure if debit cards have the same chargeback rights as credit cards... but the bank may be able to do a chargeback for "Missing Imprint"... write a letter disputing the charge.. never authorized, never received benefit etc... it's worth a chance... I wouldn't mention that you KNOW the person that did this though... Just simple & sweet, never authorized it...

Christine

elizabeth1979

I did that with my bank and they are "investigating".
How cute is that?

drgnfly30

No.. that's right.. I've worked for a credit card company for 20 years...
it's been awhile since I worked in the dept that handled disputes but I don't think things have changed that much...

first thing they have to do is order a copy of the sales draft from the hotel's bank (the merchant bank).. that takes up to 30 days...
Once the sales draft comes back they will be able to see if they have any chargeback rights (such as the missing imprint one I mentioned).. Christine

walkingtheline

But you can hold him accountable for his actions as well.