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theboyneil | Whats the legality of signing for card payments when you are incapacitated (drunk?)? |
Question Details: my friend was out at the weekend, woke up in the morning and found that he had made payment of over £1700 in a club, which he does not recollect at all.
He phoned the club, and they said that he had made the payment with his bank card, and signed for the payment - none of which he remembers!
Does he have any grounds for trying to claim some money back on the basis that he was incapacitated |
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scullion
 |
A couple of thoughts:
Can the club provide a breakdown of what your friend has paid for? He's not disputing it at this stage, just asking for information. They are not obliged to provide it. If so, does it look legitimate?
I believe drunk or insane persons lack the legal capacity to enter into a contract. The difficulty would be in proving it after the event.
If your friend feels he has been taken advantage of while in his 'delicate' condition, he could raise it with the bank, the police or Trading Standards Dept. though there no guarantee any will be interested.
As Benjamin Franklin once said: "Experience is a dear teacher." |
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bud68
|
No, but he has grounds for gross stupidity. |
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Francis G
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Tell his Bank he signed for £70 not £1700 and they must have altered it .
Well fight fire with fire. |
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garstard
|
The only legal grounds for this would be if he was unconscious (i.e. did not sign it himself). If he did it when drunk then he has no come bak at all. |
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origamimark
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not a chance. |
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Chris
|
Clearly he is completely out of luck. Imagine if you could just call a club in the morning and have all your charges revoked. The potential for fraud is astronomical. Why wouldn't everyone claim to be unable to remember being at the club the previous night.
Legally and most likely he entered into an agreement when he was sober because he bought the first round and gave them his card authorizing the nights drinking. Clubs don't serve you all night and then hope you can pay. They get your payment upfront and then let you drink.
I hope your friend learned his lesson... my guess is probably not. |
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monty
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He his responsible for staying sober and solvent. no combacks only hard lesson learnt. |
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mary
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just because he doesn't remember signing it, doesnt mean he didnt. if he really doubts he signed that he could go to the club and ask to see the receipt...otherwise i think he's just out of luck |
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luludoodie
 |
Tough!
Moral is don't get plastered! |
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Isabel
 |
That's an expensive wake-up call!! I hope he/she will learn from that. You sign; you owe!! |
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Josh P
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do you mean there should be an alcohol test before every transaction made using a bank card? |
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