Credit Card Fraud...dinersclub Not Supporting

[sunny747]

recently i have been victim of internet fraud by gisol.com. my website was hosting by this until one day they charged me around 1900$.

one night around 4am, my web hosting company called me in Thailand and talking about some promotion. I was sleepy and i said yes and the next morning i see they charged me this ridiculous amount of money. i didn't sign any paper.

I immediately call dinersclub to close this transaction. Initially they told me they will help me but for the last 4 months, they are continuously calling me to pay the bill. I have provided all the proof that gisol.com is a fraud. Thousands of ppl has been their victim. It seems they didn't check anything.

Fox news has recently investigated about gisol.com and this is what they came up with:

i have a long history with dinersclub. but i did small mistake. i want to pay other bills of dinersclub but my assistance mistakenly paid 30%. now they want to full money.

i really don't want to pay for which i didn't get service. very upset the way dinersclub is acting.

looking for some solution. thanks so much.

[thaihome]

Well, as Diners has probably paid, why should they have eat (excuse the pun) your admitted mistake?

TH

[sunny747]

dinersclub said they have the invoice which is signed by me. i've asked them to fax me the paper .

BUt,

a person called me saying he is the vice present of dinersclub. he said he can't show me my signed bill as it is in their highest dispute department.

i'm very upset for this ripoff so please put constructive inputs. if not just avoid. thanks so much again.

[Langsuan Man]

want to pay other bills of dinersclub but my assistance mistakenly paid 30%. now they want to full money.

i really don't want to pay for which i didn't get service. very upset the way dinersclub is acting.

looking for some solution. thanks so much.

First you make a mistake by agreeing to the additional service from gisol.com then you compound the mistake by having my assistance (I assume you mean assistant) paid 30%

Don't you understand that by paying ANY amount of the gisol.com charge you admitted you were wrong and it was a legitimate charge. If you dispute a charge you don't pay ANY PART of that charge. You can pay your bill but exclude the amount in dispute

But it sounds to me like you are now SOL and blaming Diners will only make YOU feel better

[GuestHouse]

Don't you understand that by paying ANY amount of the gisol.com charge you admitted you were wrong and it was a legitimate charge. If you dispute a charge you don't pay ANY PART of that charge. You can pay your bill but exclude the amount in dispute

Where do you get that from?

Utter nonsense.

The governing rule is the contract under which the card was issued - I would be extremely surprised if any clause of the form above is included. Clearly there are cases where the card carrier is unable to check a bill - for example on an extended business trip in which s/he has a standing order to pay the full balance.

To suggest that the card carrier paid the bill therefore accepted the fraud is rot - Reporting a fraud when you become aware of the fraud is still a report of Fraud - Not spotting a fraud does not mean you accept it.

----

OP where was your card issued (udner what jurisdiction is the contract)?

I'd start by getting the contract out and reviewing your rights under the contract.

[thaihome]

The OP has admitted he agreed to the charges. If indeed they did not fully divluge the cost for the services, then he may have case. Has he reported it to the police?

TH

[hagler]

Don't you understand that by paying ANY amount of the gisol.com charge you admitted you were wrong and it was a legitimate charge. If you dispute a charge you don't pay ANY PART of that charge. You can pay your bill but exclude the amount in dispute

Where do you get that from?

Utter nonsense.

The governing rule is the contract under which the card was issued - I would be extremely surprised if any clause of the form above is included. Clearly there are cases where the card carrier is unable to check a bill - for example on an extended business trip in which s/he has a standing order to pay the full balance.

To suggest that the card carrier paid the bill therefore accepted the fraud is rot - Reporting a fraud when you become aware of the fraud is still a report of Fraud - Not spotting a fraud does not mean you accept it.

----

OP where was your card issued (udner what jurisdiction is the contract)?

I'd start by getting the contract out and reviewing your rights under the contract.

Actually its not utter nonsense. The poster is correct.

One of the basic precedent laws of contract ( torts in the English based legal system) is that part payment of a debt outstanding is an admission that a contractual arrangement was formed at some point between the creditor and the debtor. By paying even a small proportion of the debt without an accompanying denial of liabilty then the debtor is in effect saying, "yes I acknowledge that I owe you a sum of money for something you supplied but I may not be in agreement about the amount". The onus would come upon the debtor to prove that the amount outstanding is not due and payble by him to the creditor, who, in law, is justified in saying the payment recieved is a part payment with the balance being due and owing forthwith. Legal precedent shows that judgements usually fall on the side of the creditor in cases like this.

Moral of story : NEVER make any payment ( no matter how small) of any disputed debt outstanding without an agreement from the creditor that it satisfys the debt in full. On the other side of the coin if you are a creditor and the debtor sends you a cheque or makes a payment by other means and there is an accompanying note saying that this satisfies the debt in full then return the cheque and refund the monies and if they can be refunded then place them in trust or escrow pending further action to recover the debt.

As to the "assistant" making part payment and having access to the cardholders account. dont even get me started on the legal black hole the OP has dug for himself on that one.

Edited April 22, 2009 by hagler

[hhgz]

"I was sleepy and i said yes"

Accordingly, there was no fraud. If you said, "no", it would be fraud. Undoubtedly, the company has your voice replying "yes" to their question, and I'm not sure what you expect us to do for you. Next time, reply "let me think about it".

[sunny747]

the card was issued here in Bangkok. now they want partial money ...not the full amount.

i don't understand.....

this is the first time i have been the victim of fraud activity. I don't really know how file a dispute but it seems, they are not reluctant to support their customer.

Specially dinersclub, did absolutely nothing.

[sunny747]

"I was sleepy and i said yes"

Accordingly, there was no fraud. If you said, "no", it would be fraud. Undoubtedly, the company has your voice replying "yes" to their question, and I'm not sure what you expect us to do for you. Next time, reply "let me think about it".

anybody can say YES on phone. they can call anybody. have you seen the youtube vdo which i posted?

at least to charge me, they should have my signed bill right? they don't even have it. so that means, any store which you used credit card to purchase something, can call you at unusual time and talk about their promotion. You say Yes and the next moment they charge you with 2000$...and you are fine with it?

it seems most of the people here supporting credit card company. what i need to know if any of you had the similar situation..in that case, what did you do?

thanks.

[Langsuan Man]

what i need to know if any of you had the similar situation..in that case, what did you do?

I wrote a letter to the Credit card company with a clear explanation of why I was disputing the charges

I made sure that it was registered and that I requested a signed receipt

I did not make any "partial" payments, not did I allow my "assistant" to make any partial payments

Now back to YOU:

DID YOU USE WHATEVER "some promotion" that you supposedly agreed to ?

Are you still doing business with this "my website was hosting by" ?

If the answer to either of these two questions is YES, then no one can help you

Finally, since your Diners Club Card was most likely issued by CitiBank Thailand have you contacted them ?