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On Dec. 4th there was a charge to my bank for $448.12 for a…

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On Dec. 4th there...

On Dec. 4th there was a charge to my bank for $448.12 for a motel. Also on the statement were 9 other charges. The bank has given me credit for the $448.12 amount, however since they are unable to reach the company by phone(never answer) they are telling me I may be responsible for the charges that the bank cannot withstand that amount of money. Ihave no proof that I did such a transaction ever. And the company telling me I must pay (agoda) seems to be located in the Phillipines and are affiliated with Priceline. I did not book any reservations for a motel nor did I give anyone my debit card number. The bank is not being helpful because they cannot reach their customer service. It is a small bank with only 5 or 6 in our area community owned. Can you help me?

Lawyer's Assistant: What state is this in? And when did the issue begin?

It is in Florida and the charges were made on Dec. 4, 2017 and that is when they appeared on my bank statement.

Lawyer's Assistant: Have you contacted the manufacturer?

They will not answer their phone. It is supposedly a motel.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have no idea where this motel is located.

Submitted: 6 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
1/4/2018
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,291
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation. This website unfortunately doesn't specifically provide representation; however, I can help you with some good answers to your legal questions. So, before we continue, what specific legal questions did you have for me regarding this?

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Customer reply replied 6 months ago
My bank wants to charge me for this transaction when I did not make it!! What can I do to prevent this from happening.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about this situation. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they hold you liable for charges that you did not make and they are not doing enough to help resolve this situation in your favor. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

You may want to consider invoking any fraud protections that you may have with the bank as well or any insurance that you may have on your account.

The final option would be to sue the hotel for fraud. The only problem is that if they are abroad, then you would have to sue them in their home country most likely, which could be a bit of a challenge.

The final thing you could do is contact any attorney general's office where the hotel is located about your matter if they are charging you for things that you did not agree to.

I'm very sorry about your situation.

What other questions did you have for me regarding this?

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