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  • Report:  #110768

Complaint Review: Pizza Hut - North Olmsted Ohio

Reported By:
- Olmsted Township, Ohio,
Submitted:
Updated:

Pizza Hut
27845 Lorain Road North Olmsted, Ohio, U.S.A.
Phone:
216-524-4444
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
I ate at the Pizza Hut in North Olmsted, OH 9/8/2004 and the cost of my meal was $22.40 and I used my bank Visa card to pay (I added a $5.00 tip). The total should have been $27.40. Acouple of weeks later, I received a copy of my bank statement and the Pizza Hut entry was a transaction for $49.80.

I initially tried to call the actual Pizza Hut store, however they are unlisted and the "main" Cleveland office would not give me the number. They said, "If you want to talk with the manager in North Olmsted, then you will just have to go there". When I asked for the manager, I was told that Kim, the district/regional manager, was not available. She managed to elude me most of the day. I tried to FAX my complaint along with a copy of the receipt and a copy of my bank statement, however their FAX machine mysteriously would not accept my FAX --- yet all of my other FAX's went out fine.

Bottom-Line is they ripped me off and now they are stone-walling me. I assume they hope I will find the struggle to recover my money too difficult and simply give up. I can only wonder how many people they have done this to, that do not monitor their bank statements as closely as I do.

I hope you can help me. I would love to share my story with any media person I can speak with.

Robert

Olmsted Township, Ohio
U.S.A.


10 Updates & Rebuttals

Aaron

Townsend,
Tennessee,
U.S.A.
Ooooooooooh! You're just so smart Mary!

#2Consumer Suggestion

Thu, October 14, 2004

No, your attempt at UNDERSTANDING sarcasm was what failed. I appreciate you corrected my English, though. You silly yankees like to make a habit of that. I stated before that I wasn't an English major and never have claimed to be. The one question that I have for you is what was it that you hoped to add to this post? I mean, what is it that you hope to accomplish by yourself out to be condescending yankee from boston? Why would you not want Robert to go about this in a correct way? Are you actually involved in this theft somehow? (Actually that several questions, but who's counting?) Mary, Mary, Quite Contrary, How does your garden grow? With concrete and steel, I (Mary) depend on Southern Farmers for meals, But English, that's a thing that I KNOW! BLAAAAAAAAAAAAAHHH! HA! HA! LMAO!


Mary

Boston,
Massachusetts,
U.S.A.
Go Red Sox!

#3Consumer Comment

Tue, October 12, 2004

Aaron, Your attempt at sarcasm, was a failed one. As for your ability to allude (not elude) to anything, well that's simply beyond your skill level.


Aaron

Townsend,
Tennessee,
U.S.A.
Now, now Mary. I just don't know what we would do without your help

#4Consumer Suggestion

Sat, October 09, 2004

Thanks for the definition. I just don't know what we would do without your help. Obviously, you couldn't detect the sarcasm in my tone. Here's my definition of PAL: a noun used by Yankees to describe their buddies, friends, and lovers. Heck, the definition includes the word COMRADE. If that isn't communist, I don't know what is. Gypsy? What the.......... Nothing was eluded to about the Police solving the crime. I simply said that Robert needed to file a police report. There's nothing "petty" about someone stealing money from you. Of course, I've come to expect such statements from silly yankees like yourself. Next time you want to open your big Boston mouth, try adding something to the original post. You won't make yourself out to be the idiot that you are that way. CAPEESH?


Mary

Boston,
Massachusetts,
U.S.A.
Go Red Sox!

#5Consumer Comment

Fri, October 08, 2004

Pizza Hut: 27845 Loraine Road, North Olmstead, OH 44070, 1(216)524-4444 Pal, n.(Eng. Gypsy,brother,mate) an intimate friend: comrade: chum(Colloq.)Websters unabridged 1972 Yes, by all means call the police, surely they have nothing better to do than to solve your petty civil dispute.


Aaron

Townsend,
Tennessee,
U.S.A.
WOW!

#6Consumer Suggestion

Thu, October 07, 2004

Tim, are we actually in agreement? I didn't think that you thought rationally. But, I appreciate the thought never-the-less. Actually, the Police can help you out Robert. You really need to file a Police report before you do anything. After that, just follow Tim's advice. He's a LAWYER or at least he likes to argue about LAW. I think he's right on this one though. By the way TIM, I ain't yer d**n buddy! What the heck is a "PAL" anyways?


Aaron

Townsend,
Tennessee,
U.S.A.
WOW!

#7Consumer Suggestion

Thu, October 07, 2004

Tim, are we actually in agreement? I didn't think that you thought rationally. But, I appreciate the thought never-the-less. Actually, the Police can help you out Robert. You really need to file a Police report before you do anything. After that, just follow Tim's advice. He's a LAWYER or at least he likes to argue about LAW. I think he's right on this one though. By the way TIM, I ain't yer d**n buddy! What the heck is a "PAL" anyways?


Aaron

Townsend,
Tennessee,
U.S.A.
WOW!

#8Consumer Suggestion

Thu, October 07, 2004

Tim, are we actually in agreement? I didn't think that you thought rationally. But, I appreciate the thought never-the-less. Actually, the Police can help you out Robert. You really need to file a Police report before you do anything. After that, just follow Tim's advice. He's a LAWYER or at least he likes to argue about LAW. I think he's right on this one though. By the way TIM, I ain't yer d**n buddy! What the heck is a "PAL" anyways?


Aaron

Townsend,
Tennessee,
U.S.A.
WOW!

#9Consumer Suggestion

Thu, October 07, 2004

Tim, are we actually in agreement? I didn't think that you thought rationally. But, I appreciate the thought never-the-less. Actually, the Police can help you out Robert. You really need to file a Police report before you do anything. After that, just follow Tim's advice. He's a LAWYER or at least he likes to argue about LAW. I think he's right on this one though. By the way TIM, I ain't yer d**n buddy! What the heck is a "PAL" anyways?


Tim

Valparaiso,
Indiana,
U.S.A.
Bank problem? Some advice...

#10Consumer Comment

Wed, October 06, 2004

Aaron, good to see you old pal! Robert, the first thing I would look into is whether this is actually an issue with your bank. Was your account balance low around this time? 22 dollars sounds as though it could be a bank fee. If it was a fee assessed by your own bank, it would show as a separate fee (not included in the Pizza Hut draft). If, however, it was a charge by Pizza Hut as a result of a rejected payment (NSF), and if the laws of your state permit direct recouperation, it would be lumped with the Pizza Hut draft. But, being that you paid with a card, rather than a check, I don't see how this could be the case. Most likely, it is an issue with this particular Pizza Hut. Complaints abound, not restricted to Pizza Hut, of servers modifying tip amounts on credit card slips. Although Aaron is correct in that this could well be a criminal offense, I doubt that the police will do you any good unless you can figure out what happened on your own. If you have your customer copy of the slip, and can show that the tip amount was adjusted without your consent, I would deliver such documentation to the police and your local prosecutor (hedge your bets, maybe one of the two will do somehting about it). Under criminal law, however, the State will have to prove that this was not a mere accident; that it was intentionally done. Neither the police nor the prosecutor will even go forward with an investigation if they don't feel that they can prove this. Your best recourse, as Aaron mentioned, would be small claims litigation. You will need to be able to prove that there is a difference between the amount you authorized and the amount you were charged. You will also have to prove that this was the fault of the restaurant (or server), and not your bank. The good thing is that you don't have to prove any intent under civil law (in this instance). As long as it actually happened, you win regradless of why it happened. If you could prove fraudulent intent, however, you may be entitled to damages in excess of the amount you are out. Also, in a criminal proceeding you (actually the state) would only be able to go after the individual who defrauded you (most likely). In a civil proceeding you could go after the restaurant itself. The legal theory is called respondeat superior: when an emplyee, acting within the scope of their employment, commits a civil wrong, you can go after the employer. If a waiter took your money, he may not even have the money to pay you back. The restaurant probably does, and by litigating against them they would be prodded into implementing procedures to prevent this in the future. I find it odd that the phone number of a pizza restaurant, or any restaurant for that matter, would be unpublished. I don't know what the ramifications of this are, but it is odd nonetheless. My conclusory advice (and this is PERSONAL advice, not LEGAL advice, I am not an attorney) is this: 1) Make sure that this is a problem with this restaurant and not your bank. 2) Go to the website for Ohio State courts and see if you can find instructions on filing a small claims complaint. I have fished around a bit in the Ohio courts websites and can't find any such instrcutions, maybe you can. 3) If you can't find anything on-line, go to the courthouse, find the district court clerk's office, and ask for information on filing a small claims action. 4) Go from there! I would imagine that the mere filing of an action would urge Pizza Hut to pay up, and that you would never have to go to court. If you do, make sure you have all the necessary documentation and you should do just fine. Best of luck!


Aaron

Townsend,
Tennessee,
U.S.A.
CALL THE POLICE IMMEDIATELY!

#11UPDATE Employee

Thu, September 30, 2004

If I were you I'd call the police. Sounds like somebody at your local pizza hut needed a buzz for the night and you got stuck footing the bill for their habit. The way that their regional manager treated you was odd. Is this store a franchise or a company owned store? You can always take them to small claims court. Actually I would just go to store where this Kim's office is and demand to speak to her. Just stay there until she shows her face. If they call the police on you, just tell the police that you would like to file a report about what pizza hut has done and then head to the courthouse. Pizza Hut never ceases to amaze me. They should start drug-testing not only their service workers but also people in management. I bet this Kim couldn't pass one. Good luck too ya! I hope you can resolve this situation.

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