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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon, I have recently been overcharged for

Resolved Question:

Hi good afternoon,
I have recently been overcharged for some services at gentlemans club which I am hoping you can offer me some advice on.
Initially I was charged £144 for half an hours worth of entertainment, however the time of my transaction from this one to the next is only just over 15 minutes.
I was then charged £720 for a supposed two hours worth of entertainmen, however three quarters of an hour later I am then charged a further £864 which the club have said this is in relation to a three hour session. This would of have been longer than they were allowed to be open, however I have apparently stayed I was still more than happy to pay.
Obviously the two issues I have is the amount of money I have been charged and also the length of time between these transactions does not compute to what the club have relayed back to me.
Your guidance would be much appreciated.
Regards.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How did you pay for the services please?Alex
Customer: replied 1 year ago.
Hello Alex,The services were paid via debit card (PIN number)Regards
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Alex,Thank you for your quick response.Under what act would this fall under as I am unsure myself?Furthermore, does this have to be a letter or will an email suffice?Thanks once again.
Expert:  Ash replied 1 year ago.
This would be contract law. Its a matter of what you asked for and what was provided.Alex
Expert:  Ash replied 1 year ago.
Email if responded to but otherwise letter. Alex
Customer: replied 1 year ago.
Ok thank you Alex.Would you be able to review the letter before I send it?Regards
Expert:  Ash replied 1 year ago.
Sure. Alex
Customer: replied 1 year ago.
Alex,One final query, in terms of setting out my losses what process can I use to determine what I think I am now owed.If they charged £144 for half an hour and I was only allocated 15 minutes time, am I right to assume this would be £72?Thanks.
Expert:  Ash replied 1 year ago.
Correct. You were short changed.Does that clarify?If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. AlexAlex
Customer: replied 1 year ago.
I write in reference to a recent visit to your establishment in the early hours of Saturday morning on 7th May 2016.Upon arrival, the following transactions were made:• £144 - At 01:26am - Transaction Reference 009011
• £720 - At 01:43am - Transaction Reference 009757
• £16 - At 02:12am - Transaction Reference 009105
• £864 - At 02:26am - Transaction Reference 009808
• £50 - At 02:27am - Transaction Reference 009849
Initially, after lengthy discussions with my bank, they asked me to find out further information regarding these specific transactions before wishing to pursue them as Card Fraud.
As requested, I rang your establishment at 18:03pm on the night of Saturday 7th May 2016 and the call lasted approximately three minutes. Richard the general manager spoke to me regarding my concerns and said he would look into the events and give me a call back on Sunday Evening. On Sunday evening, I could not recall if I had gave my contact number to Richard, so I decided to call him back, sure enough he had lost my contact details but ensured he would give me a call back within the hour to discuss the events in question. True to his word, within the hour Richard called me back at 22:19pm and the call lasted for approximately eight minutes.
Richards version of events from speaking with the lady behind the bar were the following, the first transaction of £144 related to me booking half an hours’ worth of entertainment. The second transaction for the sum of £720 related to me booking two hours’ worth of entertainment. The third transaction of £16 related to a bar payment. The fourth transaction of £864 related to me booking a further three hours’ worth of entertainment. And finally, the last transaction of £50 related to a bar tip. As I expressed my concerns regarding these transactions, the phone call concluded with Richard offering me certain bar vouchers should I wish to attend in the future.
Now, going forward I am going to use the sum of £144 as a principle for half an hour’s entertainment. The first transaction took place at 01:26 for the sum of £144, which implies I paid for half an hour. However, seventeen minutes later I then make my second transaction. This would suggest that I have only received fifteen minutes worth of entertainment rather than the half hour I was told I booked. Richard also implied that when the time was up, the light went off in the room and I was taken back to the bar area by the lady. I would therefore have expected the sum of £72.00 be withdrawn from my account as I had only received fifteen minutes worth of entertainment. In addition to this Richard also stated that any transactions from a debit card would include a surcharge, so this has been deemed to be included within the latter transactions.
This then leads me on to the second transaction of £720; again for reference, this refers to a two hours entertainment which I have now been told I had booked. Again from looking at the time this transaction took place at 01:43am and the time of my next transaction at 02:15am there is twenty nine minutes between the two transactions. This is substantially less than the two hours claimed to have been booked, and in fact as this is less than thirty minutes this would suggest another fifteen minute session took place at £72 using the principle of £144 for half an hour.
Again, I am sure you can see a trend developing in relation to the transactions so far taken place. The fourth transaction of £864; again for reference refers to a three hours booking of entertainment which would actually take you past your licenced open hours, however Richard did state on the phone that I was more than willing to pay this amount. However, as the only transaction which takes places after this time is one minute later, I have asked Richard to send me an email upon reviewing the CCTV confirming what time I left your establishment, so far I have had no response. My bank however, have confirmed I did try to make a number of transactions from various cash points on my journey home at time before your closing time.
At this moment in time, I strongly feel I have been unfairly targeted and being taken advantage of in regards ***** ***** amounts taken from my account and the services I actually received within your establishment. I believe that I had a reasonable expectation to have paid £354 in your establishment. This has been calculated by two x fifteen minute sessions at £72 and one half hour session for clarity until further information suggests otherwise. As the £50 tip is deemed to be discretionary I have also included this within the calculation as with the £16 bar bill. This would leave a refund of £1,440 to be credited back into my account.
Customer: replied 1 year ago.
As the transactions, in my view have been unfairly charged under the ‘Supplier Goods services Act 1982’ section s15(1) as the price must be reasonable. These transactions were certainly not reasonable in reality. I would therefore request a refund within fourteen from the date of this letter. Should no refund be rewarded I do intend to take this to the County Court for review.
I look forward to hearing a response from you in writing.
Customer: replied 1 year ago.
hi Alex, my letter can be seen above.I will rate your answer now, apologies for the delay.Regards.
Expert:  Ash replied 1 year ago.
Yes that seems fine. But its not the Sale of Goods Act. It would be Part 2 of the Consumer Rights Act 2015.Does that clarify?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes it does. Thanks for your help Alex.