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I signed a contract with a contractor to do some drywall and painting work. I made an initial payment with my credit card and signed a contract that stipulated what work should be done and the amount that would be due upon completion.
The contractor did not complete all the work specified and did a terrible job on the work he did. I complained but he just charged my card anyway.
I disputed the charge and thought I had a valid case as the work was not completed as specified on the contract and the contract says the final payment is not due until work is complete. Instead the credit card company did not honor my claim as they said basically since I signed the contract the merchant can charge my account in full, and beyond that, the dispute over the work done was just "he said she said" and there was nothing they could do about it.
I'm pretty pissed as I thought I would be protected in this case. If I had known I was basically pretty much paying the amount in full before the work even started I would have never agreed to sign the contract.
Does the consumer really have no rights in this case?
Credit card companies look for proof of the charge - a scanned card, a signature, or swiped card. If any of those conditions exist, they will not honor the dispute. I agree that claims court is going to be your only option or contacting your local BBB for their advice. Good Luck! I hope you have a good outcome.
There are a total of 4 receipts, two that I signed and definitely authorized the work. The last two receipts have a blank signature line.
I just feel this is ridiculous the way it works. if you give someone your card to make an initial payment, and have a contract to pay the rest later upon some condition, like when the work is completed to your satisfaction, the merchant can take advantage of the system and get the full amount of the contract regardless of it the terms of the contract were met, as the credit card company will not deal with the contract dispute.
The merchant DOES NOT NEED TO PROVE THE WORK WAS COMPLETED AS SPECIFIED IN THE CONTRACT, THEY ARE GIVEN THE BENEFIT OF THE DOUBT.
Basicall you are the grived party and that is why you must sue and proof the case against the other party. That is the way the system always works as setup by attorneys. Most areas have permit requirements;codes and inspections that can help tho i proving the case.
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