Discussion
Had a bit of a issue with this recently. Went to a local pub I go in regularly and asked for a tab, usually this requires handing over a bank card.
Usually I would pay the bill on the night but on this occasion I got a bit to marry and wondered off without paying, but obviously left my bank card.
A couple of days later went in and the first thing I did was say sorry and ask to pay my tap. They said ok but gave me a card that wasn't mine. It's turned out that they must have accidentally given my card to someone else who paid their bill with it contactlessly and later went on to make other payments contactlessly not knowing it was not their card.
My question is who's at fault here? I understand in part it my fault leaving my card with someone even in good faith and I do understand you should never leave your card anywhere.
But is there any liability on the pubs behave giving my card to the wrong person?.
Usually I would pay the bill on the night but on this occasion I got a bit to marry and wondered off without paying, but obviously left my bank card.
A couple of days later went in and the first thing I did was say sorry and ask to pay my tap. They said ok but gave me a card that wasn't mine. It's turned out that they must have accidentally given my card to someone else who paid their bill with it contactlessly and later went on to make other payments contactlessly not knowing it was not their card.
My question is who's at fault here? I understand in part it my fault leaving my card with someone even in good faith and I do understand you should never leave your card anywhere.
But is there any liability on the pubs behave giving my card to the wrong person?.
Edited by Not-The-Messiah on Saturday 7th July 05:02
Not a lawyer, but I should imagine you have both breached your duty of care towards each other. You failed in your duty of care to settle your bill, and they failed in their duty to look after your card. Their failure is more serious than yours. You've tried to correct your failure, but they cannot correct theirs.
Contract Killer said:
Why did you need to leave your card for a tab?
Cant remember ever having to do this, just usually give name or table number if eating.
Really? Not that rare in pubs. But, with contactless, it's utterly pointless. Just tap each round separately - it'll probably make life easier, because you won't go over the ~£30 contactless limit, so need to pin.Cant remember ever having to do this, just usually give name or table number if eating.
As far as the original question goes - talk to your bank. NOW. They're the only ones who can really help here.
TwigtheWonderkid said:
Not a lawyer, but I should imagine you have both breached your duty of care towards each other. You failed in your duty of care to settle your bill, and they failed in their duty to look after your card. Their failure is more serious than yours. You've tried to correct your failure, but they cannot correct theirs.
And to the bank - there will be something in the terms about safeguarding THEIR card.TooMany2cvs said:
Really? Not that rare in pubs. But, with contactless, it's utterly pointless. Just tap each round separately - it'll probably make life easier, because you won't go over the ~£30 contactless limit, so need to pin.
As far as the original question goes - talk to your bank. NOW. They're the only ones who can really help here.
Well if you have more than 5 friends or also want food etc £30 is sadly easily achievable these days. Secondly, a tab, saves the cardholder having to go and collect every round. As far as the original question goes - talk to your bank. NOW. They're the only ones who can really help here.
But the OP needs to definitely contact the bank. It is convenient for the new user of the card that they haven't noticed. I am also jealous that the OP was able to have a bar bill, that got them too merry to remember to pay but cost under £30
Edited by Graveworm on Saturday 7th July 10:00
Graveworm said:
I am also jealous that the OP was able to have a bar bill, that got them too merry to remember to pay but cost under £30
Surely it's not his bill that was under £30, it's the other bloke who's got his card that paid his bill using cantactless but with the OPs card.Interestingly I went to a pub for lunch recently where they have a locker system for tabs, you get an RFID key that opens the compartment where your card is stored and would have prevented this scenario happening.
Ahbefive said:
It always striked me as odd giving bar staff a bank card. It's not hard to just swipe a card when buying drinks.
Always thought that but back in the day before pins and contactless i guess it was easier to add it up at the end. Seeing as your average drink is close to a fiver, a round of drinks for your mates will almost certainly be close to the contactless limit so why on earth did someone have a tab that was less than the limit, seems pointless for the sake of £20 or so
Thanks people,
The first think I did was contact my bank and cancel my card. I know who has my card and they only used it once to pay their bill at the pub and then once again to buy some cinema tickets £24. I told my bank I have no interest in claiming any money back.
The thing what really pissed me off that the pub owner who I know quite well refunded to apologise and admits any responsibility. He was just bothered about me paying my £40 tab.
I told him I would do as soon as I had a card on me to do so and I know how much was originally paid to pub on my card, which I now know to be £19.40 Which I expect deducting from my bill. Which he wasn't very happy about.
Personally if it was my pub I would have just apologized and forgot about the £40 tab.
It's cost me around £43 anyway as I paid the the bill of the other person £19 and some cinema tickets £24. And the pub still have the card of the other person so when they return can charge them for their original bill anyway leaving the pub just £20 out of pocket.
I don't think this is going to happen though as I've now realize how big of a (bad word) the owner is. He just instantly went into defence mode.
The first think I did was contact my bank and cancel my card. I know who has my card and they only used it once to pay their bill at the pub and then once again to buy some cinema tickets £24. I told my bank I have no interest in claiming any money back.
The thing what really pissed me off that the pub owner who I know quite well refunded to apologise and admits any responsibility. He was just bothered about me paying my £40 tab.
I told him I would do as soon as I had a card on me to do so and I know how much was originally paid to pub on my card, which I now know to be £19.40 Which I expect deducting from my bill. Which he wasn't very happy about.
Personally if it was my pub I would have just apologized and forgot about the £40 tab.
It's cost me around £43 anyway as I paid the the bill of the other person £19 and some cinema tickets £24. And the pub still have the card of the other person so when they return can charge them for their original bill anyway leaving the pub just £20 out of pocket.
I don't think this is going to happen though as I've now realize how big of a (bad word) the owner is. He just instantly went into defence mode.
LosingGrip said:
Bit of a crappy response from the pub in my mind.
How does it work with contactless. I could find one on the floor and use it until someone reports it lost/stolen or until it asks for a PIN (which I believe it does every now and then?). Will the banks automatically refund it?
Yeah there is just a maximum of £30 on each transaction. I assume the bank would just refund it just as long as you are not like me and stupidly hand your card over to someone. How does it work with contactless. I could find one on the floor and use it until someone reports it lost/stolen or until it asks for a PIN (which I believe it does every now and then?). Will the banks automatically refund it?
I'm not sure what to do. One side of me says after the way I've been treated is to go in and pay the bill what I own in full. And then report them for fortunately taking money from my card without my consent and handing it to someone else.
But really all I want is for them to apologise and knock the £19 off and I would pay the rest. If they don't do this I think I will need to do what I said above.
But really all I want is for them to apologise and knock the £19 off and I would pay the rest. If they don't do this I think I will need to do what I said above.
The pub (or any other retailer) should not be taking your card these days - I will wait for an expert to correct me but my understanding is that is they are holding your card then they cannot possibly be PCI compliant and adhere to the procedures laid down by Mastercard/Visa etc with regard to carholder data. They should be taking a pre authorisation and giving your card back immediately in the usual way. If you walk off and dont pay then they can charge the outstanding but nothing more . Personally I have never handed my card to a 3rd party or a stranger in a pub - but then I always got o pubs where the above it not necessary and generally pay in cash anyway.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff