S75 claim - no invoice provided by merchant

RavingRhino

Hi all,

Recently had some cosmetic work carried out on my car and the standard of the work was poor. Sent the car back to have the issues rectified and it came back pretty much the same. Merchant unwilling to help so I lodged a S75 claim with American Express. I was never provided with an invoice and American Express are saying they need one to link the payment on my statement to the work carried out. Have sent American Express a copy of an email from a local respected company who can rectify the work, they have explained everything that is wrong and the cost to rectify.

I've had a good read around this forum and other and replied to AMEX with the following but any additional advice would be much appreciated so I can be prepared for when they reply.

Many thanks!

'Hi XXXXX,

Having read the legislation there is nothing in the wording of CCA 1974 Section 75 that gives American Express the right to insist on sighting of an invoice or contract before becoming liable. The wording can be found here: (gov legislation link had to be removed). The merchant is only obliged to provide an invoice if both parties are VAT registered (I am not) and the act doesn’t mention invoices therefore American Express cannot make my rights contingent on one being produced.

The credit card transaction itself is sufficient evidence to show (on the balance of probability and in the absence of any evidence in the contrary) that a valid agreement does exist between myself and XXXXXXXX Ltd. If American express wish to dispute that then counter evidence should be provided. I would ask you to reconsider based on the above and the clear evidence previously sent to you or treat the matter as an official complaint. If the latter I will pursue the complaint methodically, ultimately to the Financial Ombudsman if required.

Regards,

XXXXXXX'

eskbanker

If you're asserting that there's been a breach of contract (as you will be when submitting a s75 claim), then the onus is on you to demonstrate what the terms of that contract are - it doesn't necessarily need to be an invoice, but what other supporting documentation are you able to provide?

A figure on a statement won't be sufficient....

RavingRhino

Thanks for the prompt reply eskbanker. Well the fact it's been back twice and then had an established professional firm provide written confirmation the job isn't up to standards I thought would be enough. I have made successful claims in the past on this basis. I have also provided proof to AMEX that the merchant admits to making mistakes (they messaged me to say they were rushed and made mistakes despite having the car twice for 4+ weeks to do a 4 day job).

eskbanker

RavingRhino said:

Well the fact it's been back twice and then had an established professional firm provide written confirmation the job isn't up to standards I thought would be enough. 

But there still needs to be a clear definition, agreed between customer and merchant, of exactly what the job consisted of, i.e. against which successful completion can be measured.

RavingRhino

I've got in writing what the job would consist of and did send that to AMEX. Not sure what else I can send to them annoyingly

eskbanker

RavingRhino said:

I've got in writing what the job would consist of and did send that to AMEX. Not sure what else I can send to them annoyingly

And does that include a total price that corresponds with the statement entry?

RavingRhino

Annoyingly not, that was all agreed over the phone. They are a well known company so I didn't think anything of it and didn't expect to be claiming. The rectification cost is very similar to the original transaction amount so at least that tallies up