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£4040.00 Restaurant scam......

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Old 24 November 2002, 09:13 PM
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Luke
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For legal reasons the Restaurant will not be named.

I listened today to a friend who witnessed this last night.
This Restaurant is maybe in the top 2 most expensive restaurants in UK.... A table for 9 was booked. The guests turned up and had pre dinner drinks etc.All ate and drank various wines ,Champagnes etc.

The "Gentleman" that invited them left the restaurant 2 times during the meal to take a private call on his mobile.During coffee he took another call and walked outside. This restaurant has very good doormen etc..To all the whole party looked the part. The food and wine ordered matched etc...

he walks around the corner and vanishes.... Afetr a bit the manager askes if the bill can be settled due to time etc.

They tell him
1. they where guests.
2. He ordered all drinks and food. At no time did they order.Therefore under no contract to pay.
3. They said they had all met him at a club the night before.And new very little about him.

Police called. Afeter a small heated "Debate" the guests where told to leave. Bill unpaid.

few hours later All spotted in Top Club... Laughing their nuts off.

I remember a bout 18 years ago a "North london Crew" would go out and blag very expensive free meals.

They are all rich and get off on it!!



Any legal opinions on the matter





[Edited by Luke - 11/24/2002 9:16:21 PM]
Old 24 November 2002, 10:51 PM
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Brendan Hughes
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Fraud. Not sure of the details though.
Old 24 November 2002, 11:24 PM
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Talking

Excellent.........
Must try this one on our xmas night out
Saves everyone having to leg it...
Old 25 November 2002, 09:39 AM
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Luke
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Brendan

Sure its fraud.. But at the end of the day.Do they not have to pay because ."Some sort of No contract between them and the restaurant." etc.
Old 25 November 2002, 09:52 AM
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beemerboy
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Yoza, all the mcdonalds in liverpool are on full alert!!!

BB
Old 25 November 2002, 11:07 AM
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Red face

Try BurgerKing then
Old 25 November 2002, 11:13 AM
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Ru$$Rip
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Yoza, I thought our entertainment on the Xmas Do was cash up front or is that 'down the front'
Old 25 November 2002, 11:15 AM
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Red face


THAT WAS MY APPEARANCE FEE.......
Old 25 November 2002, 12:25 PM
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Mungo
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Police/CPS would need to prove that the "guests" were conspiring to defraud with the "host". If they can't catch the host, how do they do this?
Surely a "top restaurant" would take a credit card number to confirm a booking?
Old 25 November 2002, 12:29 PM
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Luke
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Mungo

The booking was made a few weeks ago and yes a card number was given. But at no time was it checked etc..Possibly afalse card number??

Old 25 November 2002, 01:30 PM
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Brendan Hughes
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I think also there is a tort of deceit? If tort, that means judgement is on the balance of probabilities (less proof needed than the criminal "beyond reasonable doubt") and a contract is not necessary. Up to the restaurant to prove it, easier than a crime.

Never studied any torts other than negligence and defamation, so really outside my area here.

There is also something about theft and/or making off without payment. IIRC the old theft laws were changed as you had to take something with intent not to give it back, so the person who drove into the petrol station intending to pay, then filled the tank, changed his mind, and drove off, was technically not guilty of theft. So they created a new offence of making off without payment, to cover it. Again, this is criminal law.

Back to contract, you could even start playing round with the law of agency, arguing whether or not the host had the right as an agent to act for the others....

I'm getting WAY out of my depth now!!
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