Last year I set up a merchant account and began accepting credit cards. About four months ago a gentleman came to see me and paid with a credit card. I completed his payment transaction at the beginning of the session. However, on his own he decided to leave early (session was originally 8 hours and he stayed for 5). I let him know that I could not refund him part of thte rate because he paid for a package rate and the sale is final. I offered to extend him something should he book again. He said fine and left.
Well, wouldn't you know he later disputed the transaction with his back. No standard procedure is his bank issues a "request for documentation" from my bank and myself to settle the dispute. Yet, I never received the request. Later, I found out about the dispute and then submitted all documation (signed receipt, e-mail booking form with billing address), but the bank said that since I missed the first deadline, they could not accept it. There is one last step with the bank that I can attempt. If that does not work I will have to sue the customer for the funds owed me.
Do you think it is worth it to sue this guy? I have tried to contact him via phone and e-mail with no response. I would hate to think that he is purposely trying to defraud me, but it is starting to look that way. I am thinking of sending a certified letter with copies of the documents and a request that he contact his bank to stop the dispute. However, such a letter might be intercepted by a spouse or other family member.
Unfortunately, is not easy to dispute without going public with what you do for living. True, he owes you money but our business is not legit and a dispute with him could escalate to a level that might put you in harms way and give you the kind of exposure you don't want to have. There was a case of one girl, I read in one of the private boards, where she took the guy to court. His lawyer printed all her internet pictures and website information, also her reviews and a bunch of other stuff and it was very embarassing for her. She never saw one cent of the money, had to pay more in lawyers fees than actually the money he owed and ended up getting harassed by his wife and the guy himself. I would forget the incident, take as a loss. Also, I would not accept CC transactions anymore because you will face the same problems sometime in the future again...and again. I hope all goes well for you!
Honestly, it's is not about the money. It is about the principle of it. I have never had a problem accepting credit cards EVER. And I do not want this one jerk to make me change how I handle my business. Suing him seems like a lot, but I am fairly familiar with small claims court and so forth. As for exposing me, by parents and friends all know what I do, so it's not really that big of a deal. I have already played the "getting found out" scenario out in my mind. I do at times feel I should just wash my hands of it, but then if he did this to another girl I would feel bad about it. So I will definitely warn everyone.
It's an issue that arises in so- called "legitimate" businesses as well. A stop payment can be put on a purchase, just like a check, and it's the burden of the merchant to get his money. The credit card company could care less and the courts are apathetic, a cost of doing business in the modern world...
Suing him is going to cost you more in legal fees and hassle than the package is worth. Pursuing it any further than the disputed-transaction process really risks getting into an extended pissing match, and with some of these guys, winning becomes more important than the actual money involved. Maybe he can cause trouble for you (or at least, he THINKS he can), maybe he can afford to spend more on lawyers than you can, maybe he knows a cop.
You might want to discuss this with an attorney of your own, but I suspect that your only real recourse is to backchannel information about this guy to other providers. Missing the bank's deadline (and I believe you about not getting the request) puts you in a deep hole as far as getting the money back. That's just what happens with credit cards.
I don't know what else to advise you. It's possible that he intended to defraud you all along, but he couldn't have counted on the dispute getting resolved in his favor. I suppose he felt upset about not getting the entire package, but it's not like you could resell those hours, either. It's just a bad situation all around.
It seems to me that I recall from a contracts class eons ago, that contracts for illegal services are not binding. Since what we talk about here is not considered legal, I suspect that the contract created when he signed the CC slip is not legal, and therefore not enforceable.
One more example of fucked-up morality: It's not illegal to not pay for services provided, but it's not legal to exchange $ for companionship and pleasure. Just my $0.02
Unfortunately it looks like your attempt to purchase VIP membership has failed due to your card being declined. Good news is that we have several other payment options that you could try.
VIP MEMBER
, you are now a VIP member!
We thank you for your purchase!
VIP MEMBER
, Thank you for becoming VIP member!
Membership should be activated shortly. You'll receive notification!