Ask Me Help Desk - Pizza place trying to charge me with theft

Pizza place trying to charge me with theft

Hi

So I order a pizza and it was delivered. The guy shows up and uses a wireless debit machine. He takes my card, I punch in my stuff and give it back. He hands me the pizza and receipt. I gave him his tip and he leaves.

Next day I get a message from district manager of the pizza place, then very shortly after a cop saying they're going to charge me with theft if I don't immediately go to the store to pay them.

The bottom line is, I checked my account, it didn't go through, I've sent them payment through the mail since I don't feel like driving all the way out to the place.

My questions is can they even charge me with theft if hypothetically I decided not to pay them. I mean if the driver gave me the pizza and said have a nice day that to me means "end of transaction". . What do you think?

Carmen

Yes they can charge you with something in small claim court.
Once you pay it then it should be dropped.
My son lent his phone to some girl down the street so they could call for pizza.
Then they canceled the order. The pizza place said the order was never canceled and told my son that they would take him to court if he didn't pay for it.
Make sure the debit machine says approved and ask for a receipt to acknowledge payment.
Never rely on the electronic devices.

Quote:

Originally Posted by cbranje

Hi

So I order a pizza and it was delivered. The guy shows up and uses a wireless debit machine. He takes my card, I punch in my stuff and give it back. He hands me the pizza and receipt. I gave him his tip and he leaves.

Next day I get a message from district manager of the pizza place, then very shortly after a cop saying they're going to charge me with theft if I don't immediately go to the store to pay them.

The bottom line is, I checked my account, it didn't go through, I've sent them payment through the mail since I don't feel like driving all the way out to the place.

My questions is can they even charge me with theft if hypothetically I decided not to pay them. I mean if the driver gave me the pizza and said have a nice day that to me means "end of transaction" . . what do you think?

Carmen

Hypothetically if you order something and don't pay for it, it's theft - theft of merchandise, theft of services.

Saying "have a nice day" most definitely does not mean "end of transaction, you don't have to pay." But it is a very innovative concept -

Ya I'm sure they can take me to court, I'm just wondering the details of being charged with theft in Ontario.

Are there any rules about how fast I have to pay? Should I be expected to incur more costs to pay for something which I already attempt to and thought that I paid for.

When I didn't realize that the cashier did not take my money for my friends bill at a restaurant and we left they told my friend as long as he paid it before the court date they would dismiss it at court. Not sure if that is how it works or they were being lenient on him.

I just don't understand why a pizza place has the ability to do something like this. . I mean if I don't pay my cable bill I don't get criminally charged with theft or fraud, it just gets sent to collections and puts a bad mark on my credit.

Why is this place being such a-holes for only 30 bucks, specially considering it was their own fault.

Quote:

Originally Posted by cbranje

I just don't understand why a pizza place has the ability to do something like this . . I mean if I don't pay my cable bill I don't get criminally charged with theft or fraud, it just gets sent to collections and puts a bad mark on my credit.

Why is this place being such a-holes for only 30 bucks, specially considering it was their own fault.

So don't pay, take your receipt to Court if/when you are arrested and argue your case.

You don't understand why they are acting like this over $30; I don't understand why you don't think you have to pay for merchandise which you acknowledged you received.

Again - be the test case. Don't pay and come back and tell us how it worked out. Maybe you'll win.

I think it has to do with the difference of an ongoing monthly bill as opposed tp a small store where it would be equal to shoplifting. It was their mistake but you consumed and benefited from their product.

Quote:

Originally Posted by JudyKayTee

I don't understand why you don't think you have to pay for merchandise which you acknowledged you received.

Did you actually read my post?

Quote:

Originally Posted by N0help4u

I think it has to do with the difference of an ongoing monthly bill as opposed tp a small store where it would be equal to shoplifting. It was their mistake but you consumed and benefited from their product.

Right so do they have the legal and moral right to call the cops literally minutes after leaving a message with me informing me of the situation.

They screwed up, and they and the cops are acting like it was my fault somehow. .

Quote:

Originally Posted by cbranje

Did you actually read my post?

Right - what part do I have wrong?

I read this as: You got pizza; you say you charged the pizza; pizza place says they didn't get paid; bank has no record of the charge; pizza place says you got merchandise you didn't pay for; pizza place says pay for the pizza or they'll have you arrested.

So don't pay, take your proof of payment to Court, prove you DID pay, sue the pizza place for your inconvenience.

You said you don't know how this can happen. I said it's theft and they can have you arrested. Plus the fact that the Police called and said the same thing.

So what did I miss?

Quote:

Originally Posted by JudyKayTee

I don't understand why you don't think you have to pay for merchandise which you acknowledged you received.

Quote:

Originally Posted by cbranje

I've sent them payment

can they even charge me with theft if hypothetically I decided not to pay them
Carmen

Not sure why you assumed I don't feel I have to pay for the food as I stated that I have since paid for it. I stated a hypothetical as a way to start a discussion. Not too sure why your being so aggressive?

Quote:

Originally Posted by JudyKayTee

Don't pay and come back and tell us how it worked out. Maybe you'll win.

Woh sarcasm anyone. Sorry, just asking a question, didn't mean to anger you.. . Sheesh

Okay here's another example to show that my case can't be theft.. .

You hire a contractor to do work on you house, she does the work and then you pay her with a cheque.

The contractor loses the cheque before being able to deposit it.

The contractor calls me and leaves a message saying I haven't paid her and then calls the cops and has them charge me with theft. Do this make much sense to you?

Well to prove you were not trying to 'steal' the pizza you could ask WHY would the pizza guy LEAVE without payment. AND unless he lies his testimony in court should be that you did do the digital thing and it is not your fault it did not go through.
And stress that the whole thing is a misunderstanding over a malfunctioning machine.
Best to just pay the bill and never get pizza there again. I know I will never buy pizza from the place that got my son for $50. Worth of food that wasn't even what we would order.

Quote:

Originally Posted by N0help4u

Best to just pay the bill and never get pizza there again.

Done and done :)

Quote:

Originally Posted by cbranje

Did you actually read my post?

Here's my problem with this thread - as answers have come back to you you have consistently gone back and changed the previous post to put yourself in a different light - which you are doing as I type this.

The "hypothetical" phrasing in the original post is the perfect example.

Hello Carmen:

Can they THREATEN to charge you (which is all they did)?? Uhhhh, yes. Can they actually charge you?? Sure. Cops aren't lawyers. Could you be convicted?? Yes. Should you be convicted? No.

The above considers that we live in a perfect world, and we don't.

excon