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aTM did not dispense cash but debited

villorentemd · 3 · 1470

villorentemd

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on: Dec 06, 2014, 10:12 PM

Good Pm,
Im Suing...
is this case, ok/winable to file legally? How much money should I shed off?
My letter to the Store****
To whom it may concern, November  28 2014, 5-6 pm period,I used my atm debit card at Savemore Supermarket at Festival mall Alabang, my account was debited four times, due to the machine trouble, as per cashier info; the machine was having error, but even though, she tries several timers, w/o success.   I then decided to pay In cash.
On Dec 01 2014, I again used the atm of eastwest bank at Second Floor Festival mall, money was widrawn but I then noticed that my account balance was less, of what it should be. To verify my suspicion, I asked the bank employees to verify my inquiry, I got my SOA and there I found out of the awful results that my money was debited.As an educated person, I went to the grocery involved and verified also, it was later confirmed using their investigations and CCtV, that I was right. Both the grocery and the bank, promised me to settle such matter, which I agreed upon.My contention is, why is it taking so long, to settle such matter, in all, I lost a lot of money, which was brought about by their inefficiency, I wonder if they are hiring proper people which should man their jobs.Due to lost of precious time, following this up. I also lost some business meetings, because money involved never materialized. I understand that you need time to settle these, but pls also understand that because of the problem you brought to me, damaged and emotional stress was done. I should do something worthwhile to bring food to the table rather attending to these issues, brought by such. I fell short on my financial responsibilities due to the problems brought by your store. 


research_solutions

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Reply #1 on: Dec 06, 2014, 11:48 PM
If my ex-GF were to tell me what to advise you - in principle, yes you could sue. However, does the cost of litigation - in terms of money and time be worth it? She would probably tell me to tell you - talk to the parties involved (management level ha), tell them na "look, this is what happened and this is how I got affected, quote particularly that you had "sleepless nights" worrying about the account and that it is a possibility of happening again, ang lagay ba eh sorry na lang, I should be compensated!"

If the other guys are thinking they would notice that you're setting up for damages later on. I have it in good knowledge that SM does not have a stellar in-house legal team. They have however, a stellar law firm on retainer. They pay the firm a retainer, plus appearance and handling fees, which arent cheap by any standards. They might lose more from engaging you in a lawsuit than in just compensating you. Just make sure you're prepared. What if they call you in your own game, they have the size and influence to keep this running for ages.


part_timer_lang

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Reply #2 on: Dec 12, 2014, 09:51 AM
^^I think it would be better if you just wait for the amount to be credited back to your ATM. Less hassle, less headache, less expenses. Usually, refunds take about 30-60 days, sometimes 90 days.


 


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