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#4151122 - 07/27/15 11:13 PM Stop Payment?  
Joined: Dec 2014
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CG2015 Offline
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CG2015  Offline
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Took my wife out to dinner last night at one of those all you can eat Brazilian Steakhouses where they come around with different cut of chicken, beef, pork, lamb on large skewers and they slice it at your table.

You can eat as much as you want.

We have been there before and it's always been good.

On Sunday evening it's $27 instead of the usual $50 per person.

We even called ahead to make sure it's still $27 and the girl that answered the phone said yes.

The food was not as good as it used to be.

The service was horrible.

They came around one time and gave us a piece of bacon wrapped chicken breast and a thin slice of sirloin and then the waitress tried to bring us the check already.

Hey, we just started eating.

The way it works is you have a 2-sided coaster on your table for each diner and you turn it to green when you want more meat and red when you want them to stop.

Anytime you want more you just turn it back to green.

We had it on green and they kept going by us to the tables around us that had 4-5 or more people.

I guess since there was only my wife and I they figure: no tip and we don't need to eat.

So several times I had to wave at the guys going by with the skewers and some of the times they see us waving at them to come over and they just kept going.

Furthermore the quality of the meat is not as good anymore.

I don't know if they are under a new owner or manager or what.

We tried to talk to the waitress and the manager on duty and they just pretty much gave us the tough, pay us what you owe and we don't give a damn that you weren't satisfied with the service, the food and you didn't get enough to eat.

The total bill was $115 plus tip and I only left a $2 tip.

NO! It wasn't $27 a person anymore! It was $44.95!

Today I tried to reach out to the restaurant by email and Facebook and no one replied.

Looking on Facebook and YELP and GOOGLE review, I see several negative reviews saying the same thing I just said and they were all posted in the past week to 2 weeks.

Therefore I am thinking of telling my credit card company to stop payment on that $115 transaction which is still in progress because they are waiting for the merchant to turn in the final amount with tip.

Since we tried to take care of it at the restaurant level and the manager on duty didn't care and their corporate office didn't care and furthermore, my IM to them on Facebook has been deleted without a reply;

I think this is the only way to get a response from them is to stop the payment.

A friend of mine said they will come after me for Theft of Services.

Theft of Services?

We didn't leave the restaurant without paying.

Inline advert (2nd and 3rd post)

#4151130 - 07/27/15 11:32 PM Re: Stop Payment? [Re: CG2015]  
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Ajay Offline
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Why tip then ?


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#4151131 - 07/27/15 11:37 PM Re: Stop Payment? [Re: Ajay]  
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CG2015 Offline
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CG2015  Offline
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Originally Posted By: Ajay
Why tip then ?


As an insult.

#4151137 - 07/27/15 11:56 PM Re: Stop Payment? [Re: CG2015]  
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Chris2525 Offline
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Originally Posted By: CG2015

A friend of mine said they will come after me for Theft of Services.

Theft of Services?

We didn't leave the restaurant without paying.


Well yes, you did. If they haven't got the owed funds in their possession, then they still haven't been paid. Giving someone a check or a credit card with delayed processing is tantamount to giving them an I.O.U. While most business will accept those things in lieu of hard money, it's not actually money you're giving them, it's a promise of money. So by giving them that, you haven't yet upheld your end of the bargain - not until they have actual money in their possession. Therefore giving someone a check or credit card, then doing a "stop payment" before they can use that check/card to get the money is the same as not paying them. At the end of the day, if they provided the goods or services as advertised (and as advertised at the time of the transaction, not the day or week before), then you owe them payment in return. Otherwise it's just theft on your part.

Now, if you can show that you weren't given the service/goods as advertised on the menu (for instance, if the menu says "all you can eat", and all you got was one portion and then ignored for the rest of your visit), then they can't charge you for something they didn't provide. Having said that, poor service isn't enough to warrant withholding payment. That's what tips (or lack thereof) are for - unless "good service" is guaranteed as part of the deal.

As for what the woman said on the phone about the cost being $27, and then finding out it was $44, what matters is what it says on the menu, or on the door, or wherever the price is posted at the time you made the purchase. What the lady said on the phone isn't going to cut it. You'd need to have been told by the waiter or whoever you ordered from that it was a different price than what they ended up charging you.


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#4151535 - 07/29/15 12:02 AM Re: Stop Payment? [Re: CG2015]  
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- Ice Offline
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Yeah, unfortunately, "but the lady on the phone said it was going to be $27/person" will not do you any good.


- Ice
#4151537 - 07/29/15 12:14 AM Re: Stop Payment? [Re: CG2015]  
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Sure glad we never visit trendy eateries. Its Mom & Pop dinners for us, found some
really fantastic ones over the years traveling and at home. Never a bad meal. Never
get stiffed by staff. We learned long ago that those kinda places are not worth what
you pay for, so why go. We have plenty of those kinds of places to eat. Even Applebees
is a real downer for us. We like traditional home cooked, nothing fancy. Then again.
That is our choices, and each to their own.


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#4151539 - 07/29/15 12:17 AM Re: Stop Payment? [Re: CG2015]  
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oldgrognard Offline
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I'm with you Jim.


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#4151611 - 07/29/15 08:44 AM Re: Stop Payment? [Re: CG2015]  
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#4151638 - 07/29/15 10:17 AM Re: Stop Payment? [Re: CG2015]  
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As others said, if the place has a price sticker anywhere visible that said 44 per head, then that's that. If they don't, if they advertise 27$ per head for sundays, then you can go ahead... but get real proof.

Regards bad service, if it was really like a "once served" instead of "all you can eat" then I'd refuse to pay and have them call the police if they like. That's a rip off.

#4151692 - 07/29/15 01:10 PM Re: Stop Payment? [Re: CG2015]  
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Some of the best places I know are local BBQ places. Some of them have done well enough to have two or three sites, but they're still small time and although the ambiance is laughable the food is great and reasonably priced.




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#4151917 - 07/29/15 07:57 PM Re: Stop Payment? [Re: CG2015]  
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CG2015 Offline
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I let my credit card company complete the transaction.

I will never eat there again and I have emailed/iM/SMS/PM everyone I know, over 300 of them, and let them know what happened.

To summarize:

1. no prices were posted and even we did call ahead and were told by a girl over the phone that it's still $27, it's a she said he said thing
2. it's all you can eat and it says so on their website too but as I've already said, after bringing us one slice of beef and one chunk of bacon wrapped chicken they stop coming by and tried to give us the check
3. even after we spoke with our waitress and then the manager on duty that we haven't finished eating and to continue bringing us the food, they were indifferent
4. after that, we pretty much had to flag down every one of the Gaucho (that's what they call the ones bringing the meat) as they walked by
5. the quality of the meat they served was very poor and most of it was over cooked.
As we been there before and been to other Brazilian steakhouses, when they bring the different cut and type of meats, you can tell them your preference: rare, medium rare, medium, well done etc
and they will slice a piece or more for you accordingly. This night it was all over cooked and even if you told them medium rare (as I like my beef), they had none
6. there are no prices posted anywhere on their website about their Sunday night dinner either

http://dallas.rafain.com/

except for a 2 for $70 special that's only good Monday to Friday night dinner

http://dallas.rafain.com/left-sidebar/

7. Most of what they advertised on their website was not there on Sunday night even at $45 a person

http://dallas.rafain.com/o-churrasco/

They are supposed to have 16-20 different type of beef, chicken, pork, lamb, seafood etc.

To get an idea of your choices, look at their competition website, it's the same menu:

Beef - http://www.fogodechao.com/menu/beef

Chicken, Pork, Lamb - http://www.fogodechao.com/menu/chicken-lamb-and-pork

Seafood - http://www.fogodechao.com/menu/seafood

Only reason we went to Rafain on Sunday night it's because it was $27 and has been that price for past many years and we even called ahead to confirm it.

If we had known they went up in price, we would had gone to Fogo instead.

Same price at Fogo but better restaurant.


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