Author Topic: to dispute or not to dispute  (Read 6254 times)

Online skyguy918

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Mar 2011
  • Posts: 2609
  • Total likes: 84
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
  • Location: Queens, NY
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

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Nov 2009
  • Posts: 3220
  • Total likes: 28
  • DansDeals.com Hat Tips 5
  • Gender: Male
    • View Profile
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

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2008
  • Posts: 2883
  • Total likes: 23
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
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

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Feb 2011
  • Posts: 2516
  • Total likes: 4
  • DansDeals.com Hat Tips 3
    • View Profile
Re: to dispute or not to dispute
« Reply #3 on: February 22, 2012, 03:41:30 PM »
+1 for disputing..the nerve!

Offline Dan

  • Administrator
  • Dansdeals Lifetime 50K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 50840
  • Total likes: 1525
  • DansDeals.com Hat Tips 16441
  • Gender: Male
    • View Profile
  • Location: CLE
  • Programs: UA Global Services, AA Lifetime Plat, DL Dirt, SPG Plat, Hyatt Diamond, Fairmont Lifetime Plat, Hilton Diamond, Priority Club Plat, Avis Chairman, National EE, Hertz PC
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.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline AJK

  • Dansdeals Lifetime 20K Presidential Platinum Elite
  • ********
  • Join Date: Jun 2011
  • Posts: 24788
  • Total likes: 190
  • DansDeals.com Hat Tips 13
  • Gender: Male
    • View Profile
  • Programs: United Concierge Key; Delta Global Services; American Chairman; US Airways 1K; Hilton Sapphire; Hyatt Tritium; Marriott Californium; Starwood Kryptonium; Hertz Plutonium; National Adamantium, Avis Executive Proactanium
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?
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline Dan

  • Administrator
  • Dansdeals Lifetime 50K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 50840
  • Total likes: 1525
  • DansDeals.com Hat Tips 16441
  • Gender: Male
    • View Profile
  • Location: CLE
  • Programs: UA Global Services, AA Lifetime Plat, DL Dirt, SPG Plat, Hyatt Diamond, Fairmont Lifetime Plat, Hilton Diamond, Priority Club Plat, Avis Chairman, National EE, Hertz PC
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.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline AJK

  • Dansdeals Lifetime 20K Presidential Platinum Elite
  • ********
  • Join Date: Jun 2011
  • Posts: 24788
  • Total likes: 190
  • DansDeals.com Hat Tips 13
  • Gender: Male
    • View Profile
  • Programs: United Concierge Key; Delta Global Services; American Chairman; US Airways 1K; Hilton Sapphire; Hyatt Tritium; Marriott Californium; Starwood Kryptonium; Hertz Plutonium; National Adamantium, Avis Executive Proactanium
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?
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline Dan

  • Administrator
  • Dansdeals Lifetime 50K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 50840
  • Total likes: 1525
  • DansDeals.com Hat Tips 16441
  • Gender: Male
    • View Profile
  • Location: CLE
  • Programs: UA Global Services, AA Lifetime Plat, DL Dirt, SPG Plat, Hyatt Diamond, Fairmont Lifetime Plat, Hilton Diamond, Priority Club Plat, Avis Chairman, National EE, Hertz PC
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.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline AJK

  • Dansdeals Lifetime 20K Presidential Platinum Elite
  • ********
  • Join Date: Jun 2011
  • Posts: 24788
  • Total likes: 190
  • DansDeals.com Hat Tips 13
  • Gender: Male
    • View Profile
  • Programs: United Concierge Key; Delta Global Services; American Chairman; US Airways 1K; Hilton Sapphire; Hyatt Tritium; Marriott Californium; Starwood Kryptonium; Hertz Plutonium; National Adamantium, Avis Executive Proactanium
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
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Offline Dan

  • Administrator
  • Dansdeals Lifetime 50K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 50840
  • Total likes: 1525
  • DansDeals.com Hat Tips 16441
  • Gender: Male
    • View Profile
  • Location: CLE
  • Programs: UA Global Services, AA Lifetime Plat, DL Dirt, SPG Plat, Hyatt Diamond, Fairmont Lifetime Plat, Hilton Diamond, Priority Club Plat, Avis Chairman, National EE, Hertz PC
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.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.

Offline AJK

  • Dansdeals Lifetime 20K Presidential Platinum Elite
  • ********
  • Join Date: Jun 2011
  • Posts: 24788
  • Total likes: 190
  • DansDeals.com Hat Tips 13
  • Gender: Male
    • View Profile
  • Programs: United Concierge Key; Delta Global Services; American Chairman; US Airways 1K; Hilton Sapphire; Hyatt Tritium; Marriott Californium; Starwood Kryptonium; Hertz Plutonium; National Adamantium, Avis Executive Proactanium
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.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

Online skyguy918

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Mar 2011
  • Posts: 2609
  • Total likes: 84
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
  • Location: Queens, NY
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

  • Dansdeals Platinum Elite + Lifetime Silver Elite
  • *****
  • Join Date: Nov 2011
  • Posts: 565
  • Total likes: 3
  • DansDeals.com Hat Tips 1
    • View Profile
  • Location: new jersey
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

  • Administrator
  • Dansdeals Lifetime 50K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 50840
  • Total likes: 1525
  • DansDeals.com Hat Tips 16441
  • Gender: Male
    • View Profile
  • Location: CLE
  • Programs: UA Global Services, AA Lifetime Plat, DL Dirt, SPG Plat, Hyatt Diamond, Fairmont Lifetime Plat, Hilton Diamond, Priority Club Plat, Avis Chairman, National EE, Hertz PC
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.
Save your time, I don't answer PM. Post it in the forum and a dedicated DDF'er will get back to you as soon as possible.