Author Topic: to dispute or not to dispute  (Read 13476 times)

Offline skyguy918

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to dispute or not to dispute
« on: February 22, 2012, 03:26:45 PM »
I went to a restaurant this past Sunday (President's weekend) and ordered takeout (the restaurant was super crowded and I was in a rush). They clearly were not handling the volume very well. We ordered deli sandwiches and asked for mixed green as a side. When the food was ready the manager placed our order unceremoniously on our stroller. We got to our destination and opened the cartons to find that we were given coleslaw instead, and that the juice from it had spilled all over the sandwiches, rendering them soggy and basically ruining the meal.

When I called to complain and ask for a refund, the very rude manager said if I came back he'd give me the mixed greens free, but would not offer any refund, not full and not even partial for the side dish. He had the audacity to say that I should have kept the carton straight, despite the fact that he was the one that put the food down crooked in the first place and I had no idea there was any liquid in there because I thought I was getting mixed greens. Besides the fact that I couldn't get back to the restaurant even if I wanted to, I was furious that they wouldn't refund me for the meal, and I threatened to dispute the charge, to which he responded, "Go ahead."

So the question is twofold: do you think the situation warranted a refund and now that they refused, a dispute? And how likely am I to win this type of dispute? I charged the order to my Amex Blue Cash, if that matters.

Offline A3

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Re: to dispute or not to dispute
« Reply #1 on: February 22, 2012, 03:32:04 PM »
Dispute. I had a similar situation with a place in Brooklyn, when i got to LGA i realized it was not what i ordered and that it had flies in it. the lady shouted at me and said its to late, mind you it took us 10 hour from when we picked up the food till we opened the bag in JAN.. one hour should not lead to flies. She wouldn't budge, I told her i would dispute it she shouted some more and said I wanna see you try, Well I did dispute it, not for the money ehh $25 who cares but just bec I was soo upset. I got back my money and haven't hear anything since. This was on An Amex card, cant remember either SPG or Platinum

**(side note..who loses out in such a situation? the restaurant or the Credit Card company?)

Offline gozalim

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Re: to dispute or not to dispute
« Reply #2 on: February 22, 2012, 03:40:06 PM »
Dispute. I had a similar situation with a place in Brooklyn, when i got to LGA i realized it was not what i ordered and that it had flies in it. the lady shouted at me and said its to late, mind you it took us 10 hour from when we picked up the food till we opened the bag in JAN.. one hour should not lead to flies. She wouldn't budge, I told her i would dispute it she shouted some more and said I wanna see you try, Well I did dispute it, not for the money ehh $25 who cares but just bec I was soo upset. I got back my money and haven't hear anything since. This was on An Amex card, cant remember either SPG or Platinum

**(side note..who loses out in such a situation? the restaurant or the Credit Card company?)
flies? disputing the charge is the least of their worries. they're lucky the health department didn't hear about it!

Offline Mocha

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Re: to dispute or not to dispute
« Reply #3 on: February 22, 2012, 03:41:30 PM »
+1 for disputing..the nerve!

Offline Dan

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Re: to dispute or not to dispute
« Reply #4 on: February 22, 2012, 03:43:36 PM »
**(side note..who loses out in such a situation? the restaurant or the Credit Card company?)
Restaurant.  They lose the money and get a fine.
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Offline AJK

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Re: to dispute or not to dispute
« Reply #5 on: February 22, 2012, 04:01:34 PM »
Restaurant.  They lose the money and get a fine.

A fine? Really?

Is it set or a function of the amount of dispute?
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Offline Dan

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Re: to dispute or not to dispute
« Reply #6 on: February 22, 2012, 04:03:04 PM »
A fine? Really?

Is it set or a function of the amount of dispute?
Set amount depending on your merchant agreement.
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Offline AJK

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Re: to dispute or not to dispute
« Reply #7 on: February 22, 2012, 04:04:14 PM »
Set amount depending on your merchant agreement.

Interesting. Is it generally in the ballpark of a $5-10 fine or more?
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Offline Dan

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Re: to dispute or not to dispute
« Reply #8 on: February 22, 2012, 04:08:51 PM »
Interesting. Is it generally in the ballpark of a $5-10 fine or more?
Anywhere from $5-$20 is possible.
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Offline AJK

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Re: to dispute or not to dispute
« Reply #9 on: February 22, 2012, 04:10:01 PM »
Anywhere from $5-$20 is possible.

@OP - dispute, baby, dispute. He'd have come out ahead giving you TWO refunds :P
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Offline Dan

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Re: to dispute or not to dispute
« Reply #10 on: February 22, 2012, 04:37:05 PM »
The merchant fine usually only applies if the merchant loses.
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Offline AJK

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Re: to dispute or not to dispute
« Reply #11 on: February 22, 2012, 04:44:49 PM »
Seems the merchant here will, especially since it'd be an AmEx dispute.
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Offline skyguy918

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Re: to dispute or not to dispute
« Reply #12 on: February 22, 2012, 05:01:15 PM »
I put in the inquiry on Amex's website.

I've made some disputes that I was never required to provide any real evidence for. Is the burden of proof on the merchant? Because I can't document what happened at all, but they have the receipt that I signed.

Offline michael

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Re: to dispute or not to dispute
« Reply #13 on: February 22, 2012, 05:46:27 PM »
I recently purchased a book on Amazon. It arrived in terrible condition, and included a reciept that stated that the seller purchased it from someone else, in poor condition.

I disputed it, and uploaded the receipt. Needless to say, I won, and got my money back.

Now the seller wants the book back. Does anyone think I need to return it?

Offline Dan

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Re: to dispute or not to dispute
« Reply #14 on: February 22, 2012, 05:48:58 PM »
I recently purchased a book on Amazon. It arrived in terrible condition, and included a reciept that stated that the seller purchased it from someone else, in poor condition.

I disputed it, and uploaded the receipt. Needless to say, I won, and got my money back.

Now the seller wants the book back. Does anyone think I need to return it?
If the seller will pay for shipping, yes.
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Offline jblack

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Re: to dispute or not to dispute
« Reply #15 on: February 22, 2012, 06:03:03 PM »
i rented a car and they called me 2hours after drop off that it had an 150$ scratch and charged it to my cc should i dispute (i dont believe them although i have no way of knowing for sure if i damaged?)

Offline Dan

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Re: to dispute or not to dispute
« Reply #16 on: February 22, 2012, 06:23:06 PM »
i rented a car and they called me 2hours after drop off that it had an 150$ scratch and charged it to my cc should i dispute (i dont believe them although i have no way of knowing for sure if i damaged?)
Doesn't your card have CDW?
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Offline scwam

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Re: to dispute or not to dispute
« Reply #17 on: February 22, 2012, 06:29:51 PM »
Not sure how Amex is, but Chase will actually put a comment on your bureaus "account in dispute" or "account holder diputes data" (something to that effect) in the comment of that card. Chase did it on 2 different cards last year. One of them is still hanging there. I asked them how a merchant dispute is relevant to putting that info on my comments section of ALL THREE of my bureaus. They told me at first that they don't report that to the bureau, but subsequent calls with different CSR said it may report that. They told me not to worry and that it made no impact on my credit. I found it odd and worrysome. I contested it with them that it seems as though it reads I'm disputing the account and not a charge. They told again... nothing to worry... will fall off after closure. Just FYI

Offline dans fan

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Re: to dispute or not to dispute
« Reply #18 on: February 22, 2012, 07:15:21 PM »
. will fall off after closure. Just FYI
what closure

Offline Side incomer

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Re: to dispute or not to dispute
« Reply #19 on: February 22, 2012, 07:20:12 PM »
I recently purchased a book on Amazon. It arrived in terrible condition, and included a reciept that stated that the seller purchased it from someone else, in poor condition.

I disputed it, and uploaded the receipt. Needless to say, I won, and got my money back.

Now the seller wants the book back. Does anyone think I need to return it?
Why didn't you go thru the regular path of Amazon A-Z guarantee?
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