Can I claim anything back on credit card? Help!

kerryshanahan

We booked a butler for my friends hen do- here's what happened:
I spoke to Mark from Gemini and booked a butler in the buff to come at 9.30pm for 1 hour last Friday night. I had a text message from the man who had been booked at 8.55 to say he would be there at 9.05. I rang the man who had been booked to say we had arranged the booking for 9.30pm. He advised me that he wasn't aware of this and had another booking in Liverpool at 10.30 so he wouldn't be there for the hour we had booked. When I made the booking I asked for an officer and a gentleman theme- the man who arrived came as an american cop, again the man who arrived had no idea about the specifics of the booking we had made. The man who arrived advised me he was a stripper not a butler and would only be doing a strip. This is not what had been arranged with the Mark who runs Gemini and this was not the service we ordered.
I phoned Mark from Gemini and put the man who arrived on the phone. The man who arrived passed the phone back to me and Mark had hung up. I phoned Mark back and asked what was going on- I explained this wasn't what we had booked. He began to scream down the phone at me- "Are you f*ing stupid" and hung up.
I phoned my credit card company and advised them what had happened. They advised that if Mark from Gemini took any money from the card this would be unauthorised and I could deal with it then. I text Mark to tell him I would be leaving negative reviews of Gemini and that I would be disputing the deposit as I had been mis-sold. Mark from Gemini sent me 4 aggressive text messages back telling me they deal with people like me all the time, I will be made to look a fool of and that I was heading for trouble.
Gemini has taken £130 from my credit card. Gemini's website states that the money will be taken in full if a cancellation is made on the night. I did not cancel on the night. We asked the man who arrived if he would do butlering for a period of time- he advised he was a stripper not a butler. I did not end up with the service I booked and feel this has all been dealt with in a very unprofessional manner.
I have tried to dispute the money taken with MBNA- thye informed me that I could not dispute the money taken as I had nothing in writing from Gemini.
I rang the credit card company to advise them that no more money should be taken by this company. Is there anything I can do- please help!
Thank you!
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chattychappy

You must dispute with MBNA, in writing if they won't take it over the phone and then follow their complaints procedure if necessary.

I would separately write to the firm insisting that they return the money. Any reply they send you might actually corroborate your story and help you with MBNA.

The firm's cancellation policy is hardly relevant - it seems there was a fundamental breach of your contract and it was doubtful that their T+Cs were incorporated into what you agreed anyway - and if they were the verbal assurance (and consumer protection) would tend to override.

I would consider making a complaint to the police about the firm's threatening behaviour. NB "consider". I would only do this if you felt your safety has been threatened by them or you feel you are in danger.

Ultimately your remedy is to take out a small claim with both MBNA and the firm as co-defendants. MBNA are joint contractors because of the famous s75. Your word against theirs - but perhaps you have witnesses.