OT- Any laws protecting consumers in Ontario with service providers?

[roxysmum123]

Hi all

Ok I'll try to make this as concise yet detailed as possible.

I was asked to book my work teams Christmas party at a local event center. I booked the event, was pressured into putting a deposit down (the old "if someone else comes along your spot will be gone" song and dance). Being new to the job I'm in, the last thing I wanted to do was ruin everyone elses party by not having it where they'd asked me to book it. Well go figure, at the staff meeting the next day everyone has changed their mind. Lovely. So I go in to cancel the reservation and get my deposit back. This is LESS than 24 hours after I did the booking. I made the booking via phone and was NEVER told that this deposit would be non-refundable, nor have I ever signed or even SEEN a contract that they keep telling me I have. They are refusing to refund my deposit saying it's non-refundable, and have been giving me the run around for almost 3 weeks now. I have gone into the location a number of times to speak with a manager, who I am starting to think is the Polkaroo since he is apparently never in, even when I call beforehand to see if he is. I feel like I've heard somewhere that cancellations within 72 hours are within your rights as a consumer and you should have any deposits refunded, can anyone shed some light on this?

If this was a $20 deposit I would not care at all, but it's a substantial amount that's been put on my credit card and my entire Christmas budget is now gone . I am so distraught about this whole situation. I've got some people telling me to go to small claims court, some telling me to go to the better business bureau, and some even saying this is theft and to go to the police. I just don't know what to do anymore .

I know a few of you will tell me to go to my employer and make them pay me back, but the problem here is if this IS something that is being done that isn't right how many other people have they done this to? How many in the future can avoid having this happen if I deal with it now?

 

[bankr63]

Just dispute the charge with your credit card company. Indicate that they failed to provide a contract for you to sign. If the company disputes that, then they will have to prove to the credit card company that you signed a contract (which they cannot do). One of the best things about credit card companies is that they provide some protection against these kinds of things.

 

[roxysmum123]

Just dispute the charge with your credit card company. Indicate that they failed to provide a contract for you to sign. If the company disputes that, then they will have to prove to the credit card company that you signed a contract (which they cannot do). One of the best things about credit card companies is that they provide some protection against these kinds of things.

I thought so too, but when I called they said there's nothing they can do. Maybe I was asking the wrong questions? I was basically told that if I didn't ask if it was refundable or not, that I was liable... nothin like blaming the victim hunh? I'll try calling them again, what department do you suggest I ask for?

 

[torontodisneyfan]

Having worked for a company that always took credit cards over the phone for payment, we all were made aware that any charge can be disputed because there was no signed sales slip.

I know it's possible the laws could have changed but I would ask the credit card company to ask the company to provide a signed slip...then when they can't, you can dispute the charge. This is why, even now, with all the Pay Pass and Tap credit cards, there is a limit to the amount (usually $50.00) that can be authorized without a signature. Even on line sales require a digital signature (usually a check box).

 

[cmwade77]

I am surprised that you got the run around from your CC company. I would suggest calling them and reporting fraudulent activity. Ask for supervisors until you get results. Explain that you never signed anything and that the merchant must provide proof that you were not informed about a no refund policy in writing, of they can't provide this then the credit card company needs to take care of you.

At bare minimum, your work should reimburse you if the credit card company won't.

Also, let this be a warning for Others out there, never use your personal card for work. Always make them use a company card or write a check.

 

[101DalmFan]

You say you were "asked" to do this event booking----that means, in my thinking, that this is NOT your personal responsibility whatsoever and that you were merely acting as an agent of your employer. While using your personal credit card to book a company party was certainly not a good idea (your employer should have advanced you the funds for any deposit required), you were acting in good faith on behalf of your company and your employer should be refunding you the $$. (Does your company have a legal dept? If so, perhaps you should discuss this with them. They might be able to contact the venue with more success than you are unfortunately having.)

Good luck!

 

[bankr63]

Having worked for a company that always took credit cards over the phone for payment, we all were made aware that any charge can be disputed because there was no signed sales slip.

I know it's possible the laws could have changed but I would ask the credit card company to ask the company to provide a signed slip...then when they can't, you can dispute the charge. This is why, even now, with all the Pay Pass and Tap credit cards, there is a limit to the amount (usually $50.00) that can be authorized without a signature. Even on line sales require a digital signature (usually a check box).

Exactly. If the deal was done over the phone, they don't have your signature on anything. Not sure who your issuer is, but they should be going back to the vendor and asking for a signed agreement to pay. Failure to produce is reason for reversal of the charges. I worked for a CC issuer for several years; this should be a slam dunk for you. Just be persistent and insist that you did not sign for anything.

I would tell them the way you said it here. You gave your card number pending delivery of a contract. No contract was produced or signed, and you refuse to pay. The vendor has not provided any goods or services (i.e. a contract) as of yet. Charging you would be fraudulent.

 

[roxysmum123]

Thank you all for your advice. I'll be contacting my cc company again in the morning and trying to resolve this through them. I will update you on what happens.

Thanks again, I appreciate the advice. I'm still a little "green" so to speak on how things work in the "real world" (aka out of school, with the big kids lol) and this has definitely been a learning experience on a number of different issues.