Chargeback success but merchant not happy

jlfrs01

Rav68 said:

Thank you for your reply, yes we have a full detailed breakdown of the work that was supposed to be carried out. We held back money for snagging but were told snags would only be looked at after full payment was made, they literally had us over a barrel. Once we paid they didn’t come back to do any of the snags. We have photos of all the poor workmanship and photos of the work that wasn’t carried, this was all submitted as evidence to Amex who after investigation and back and forth with the builder decided to rule in our favour. We have since had to get the work finished by another builder but some still needs doing such as the damp proof and some plastering which wasn’t done properly. 

Ah ok - so the builder was paid in full for a job he did not complete and the work that was carried out was done poorly. He insisted he be paid in full before considering making good on his work but this proved to be dishonest.

I think you did the right thing by raising a dispute with Amex who investigated thoroughly and liaised with the builder directly before making their decision. The evidence must have been compelling if Amex refunded in full and a partial refund wasn't considered.

I'd be tempted to let him do his worse, if he speaks with a Solictor or a debt collection agency he may well be told he's wasting his time. In any event, you have his statement of works, proof of work incomplete and poorly done plus receipts for remedial works carried out by another builder. On top of that, there's Amex's own findings which if they've not been given in writing to you (and the builder) could be requested as additional proof because they are without bias.

outtatune

So if you add the cost you've had to pay for the corrective work done so far, plus the cost of the corrective work that needs to be done to bring things into line with the contract, does it add up to £20k?

Rav68

outtatune said:

So if you add the cost you've had to pay for the corrective work done so far, plus the cost of the corrective work that needs to be done to bring things into line with the contract, does it add up to £20k?

Yes we have used their figures on the original quote and the additional money we had to pay the new builder to finish off. 

Rav68

jlfrs01 said:

Rav68 said:

Thank you for your reply, yes we have a full detailed breakdown of the work that was supposed to be carried out. We held back money for snagging but were told snags would only be looked at after full payment was made, they literally had us over a barrel. Once we paid they didn’t come back to do any of the snags. We have photos of all the poor workmanship and photos of the work that wasn’t carried, this was all submitted as evidence to Amex who after investigation and back and forth with the builder decided to rule in our favour. We have since had to get the work finished by another builder but some still needs doing such as the damp proof and some plastering which wasn’t done properly. 

Ah ok - so the builder was paid in full for a job he did not complete and the work that was carried out was done poorly. He insisted he be paid in full before considering making good on his work but this proved to be dishonest.

I think you did the right thing by raising a dispute with Amex who investigated thoroughly and liaised with the builder directly before making their decision. The evidence must have been compelling if Amex refunded in full and a partial refund wasn't considered.

I'd be tempted to let him do his worse, if he speaks with a Solictor or a debt collection agency he may well be told he's wasting his time. In any event, you have his statement of works, proof of work incomplete and poorly done plus receipts for remedial works carried out by another builder. On top of that, there's Amex's own findings which if they've not been given in writing to you (and the builder) could be requested as additional proof because they are without bias.

I wondering if I contacted Amex they would give me a copy of their findings? In case this does go to court

eskbanker

Rav68 said:

jlfrs01 said:
On top of that, there's Amex's own findings which if they've not been given in writing to you (and the builder) could be requested as additional proof because they are without bias.

I wondering if I contacted Amex they would give me a copy of their findings? In case this does go to court

Personally I can't see Amex's findings having any weight at all in the context of court action - all Amex have are the competing submissions of the two parties, so while they may be unbiased, they're also uninformed, relative to meaningful input from subject matter experts.

Rav68

eskbanker said:

Rav68 said:

jlfrs01 said:
On top of that, there's Amex's own findings which if they've not been given in writing to you (and the builder) could be requested as additional proof because they are without bias.

I wondering if I contacted Amex they would give me a copy of their findings? In case this does go to court

Personally I can't see Amex's findings having any weight at all in the context of court action - all Amex have are the competing submissions of the two parties, so while they may be unbiased, they're also uninformed, relative to meaningful input from subject matter experts.

Thank you maybe I just wait then to see if the builder does try to take it further.