(Closed) How to open credit card dispute w/ this WEDDING VENDOR?

posted 5 years ago in Legal
Post # 3
Member
853 posts
Busy bee
  • Wedding: December 2012

@MISS_J:  You should be able to call your credit card and say you authorized the charges, but you have not received the service or the contract as promised and you want to dispute it.  Since the charges on the card are still pending, this should be easier.  Call the credit card company and explain the situation to them and explain you want them to hold that charge (at the least) until this is resolved.

Post # 5
Member
3572 posts
Sugar bee
  • Wedding: September 2011

I dont think this is appropriate for a credit card dispute.  The time to render services has not even come yet.  There is no breach.

 

Post # 6
Member
3885 posts
Honey bee
  • Wedding: September 2011

You won’t be able to dispute the charge until after he fails to deliver the services. You can’t even file a dispute on the amount of the charge since you gave him an OK over the phone- even though he sent the charge in at a higher amount than you agreed on, the verbal OK after the fact makes it an authorized charge. You could have asked him to reversse the transaction and then re-submit at the correct rate, but you approved the change to stand. So you will have to either lose your money and start over with a different vendor, or wait till after October and dispute the charge, assuming he fails to deliver.

Post # 7
Member
1935 posts
Buzzing bee
  • Wedding: February 2014

@MISS_J:  I wouldn’t open a dispute just yet, unless you’re willing to fight him for it. I would CALL him, and state that you really need a contract signed, ASAP, as you’re not comfortable making any more payments without one going forward. 

You would have a tough time disputing this one, so try your best to get him to give you a contract, and be as pleasant but firm as possible. Don’t forget that disputes can do damage to your credit report as well. 

Good luck!

Post # 8
Member
9114 posts
Buzzing Beekeeper
  • Wedding: December 2012

Your bank probably won’t humor the dispute. He will inform the bank that your wedding is in October. He hasn’t produced services yet because it isn’t october. Claiming he hasn’t produced will look bad on you and the bank will probably not even humor your complaint and will likely make it harder for you to complain in the future.

You will have to wait.

Post # 9
Member
853 posts
Busy bee
  • Wedding: December 2012

@MISS_J:  Part of his services upon payment was that he would produce a contract which he has not done.  There is nothing wrong with calling your credit card company and telling them “I am having difficulty with this vendor getting them to provide what was promised.  I am trying to resolve this with them, but please place a hold on this charge, I will contact you again as soon as I have additional information.”

I have never gone through a dispute with a credit card, but I have had them hold the charge and used that as leverage with the vendor to get them to make right on what they were promising to provide.  Fortunately I did not have to actually tell them “hey, I’ve already contacted my credit card company about this.”

Fortunately you do have some protection as this was placed on a credit card rather than paid with a check.

Contact the vendor again and tell him you must have the contract in hand within X days (probably within 30 days) of the credit card charge.  Just because the wedding is in October makes no difference as to why he has been dragging his heels on the contract.  If he balks and says that’s not going to happen, then there is nothing wrong with saying that since the payment was contingent upon your receiving a contract, his failure to provide one is why you are why you may have to dispute the charge.

Sorry, I find it rather ridiculous that people consider the only “service” to be decorations.  Part of the service is also getting you the contract– that’s why you have a contract– because you’re paying for things you have not recieved yet.  Part of that payment INCLUDES the contract.

Honestly, I’ve found that the time to tell your credit card company there is a problem is before you pay the bill that those charges are on.

Tell them what’s going on so they will have a file on it if this does become a problem later, and tell them you will contact them again to let them know if you do or do not need to follow through disputing the charges.

Post # 10
Member
9114 posts
Buzzing Beekeeper
  • Wedding: December 2012

The bank will likely tell her she should have agreed on the contract before paying him, which they would be absolutely correct in doing. Yes, he should provide her a contract, but she jumped the gun and paid him beforehand. She willingly did this, and since there is no current contract there is no breach. It’s a very sticky situation.

Post # 11
Member
1585 posts
Bumble bee
  • Wedding: October 2013

Yeah, I think the other people are right, you can’t do it until the date comes and goes. Hopefully you aren’t burned. But if you are, DOCUMENT EVERYTHING.

 

Write down the date and time of calls. Every single person you speak to about this in the company’s name should be written down. Write down what you talk about if it is relevant to this. If something DOES happen, a well documented case might make all the difference. Especially if you do it by email and have logs to prove everything. A call record might help but it won’t show what you actually discussed.

Post # 12
Member
853 posts
Busy bee
  • Wedding: December 2012

@Hyperventilate:  I agree it was a bad move, but now that she’s in this situation, there’s not harm in her trying to resolve this now rather than her just writing off that it will either work out, or the money is completely gone.

Since my first “hey this may be a dispute, flag this for now” issue with my credit card, I’ve had to do this one other time.  They’ve actually been more responsive and proactive because they’ve seen that I’m trying to resolve things in a timely fashion and keep them in the loop that this may be an issue.  That may just be my bank and credit card’s way of handling things, but I would rather do something now that say “I’m keeping on top of this” rather than letting things wait.

Getting that contract is a pretty big deal, so it’s not like the guy is just taking too long to respond to emails, three weeks is way too long for him to sit on this, so I think this isn’t unreasonable for her to want to at least get that contract.

Post # 13
Member
2515 posts
Sugar bee
  • Wedding: December 2011

if it’s been 3 weeks since she paid him, then the charge already went through. calling the CC company and asking them to put a hold on the charge won’t work because that charge was most likely already processed (i’ve never heard of it taking longer than 3 weeks to process).

OP- you might have to wait until after your wedding to dispute this.

Post # 14
Member
853 posts
Busy bee
  • Wedding: December 2012

@calibee79:  The issue isn’t with the guy getting the money, the issue is asking the credit card company to put a hold on the charge to her.  The credit card company is out the money now, but she’s not at this point if she has not paid the bill with this charge to her.  If this turns into a dispute before she pays that charge, then the credit card company is trying to get their money back, not hers.

Post # 15
Member
799 posts
Busy bee
  • Wedding: September 2014

Just because you dont have a document that says “CONTRACT” does not mean there is not one. You still have a contract that is just as valid legally, just much harder to prove. 

Post # 16
Member
1269 posts
Bumble bee
  • Wedding: September 2013

People are giving you wrong advice. You certainly do not have to wait till after your wedding date. You have 45 days or the CC company won’t do a chargeback. You can dispute the charge for two reasons:

1. He charged more than you authorized.

2. He didn’t go over the terms of service or give you the actual terms of service.

 I went through this almost exact thing to the tune of $2000. The lady told me over the phone that she’d take my CC numbers to hold the date till I called her back to say I wanted it. I specifically told her that I’d know the following week and tell her quickly, so I didn’t hold up her date. She never said to me, “I’m charging this, so it’s your date forever, nonrefundable.” Instead she told me it was no hurry. I thought that was odd, but I was so grateful that she was temporarily holding the date until I could talk it over with my Fiance. 

Well, later, I get a receipt in the mail. She charged the card, claimed we booked it, and it was nonrefundable. I had no paperwork, not contract, nothing. I tried to explain to the venue what I thought they’d done, but they wouldn’t budge.

After a while, I filed with my CC company to dispute it. One of the reasons on my despute form said they charged more than I authozied. so It’s pretty plain to me, you can despute the $900 charge because on your authorization says $800. In my case, we didn’t even have an authorization form.

I got my $2000 back because she had no proof that I agreed to a charge that day or that she’d properly read to TOS to me to understand that it was nonrefundable. 

I’d do it soon because I only had 45 days to file. I went over the 45 days, but my saving grace was a letter from them proving I’d tried to talk to them about the charge within the first 45 days. Had the venue not sent me that letter, I would have been SOL.

My CC lady said that often, the merchants won’t respond if they know they are wrong. It is harder to dispute when you have given out the numbers, but I’d say you have a good case, based on the CCA form alone.

 

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