Consumer complaint received 2018-03-01
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
American Express ( Company ). 

Disputed Charges : XXXX. 

( Merchant ) : XXXX XXXX XXXX XXXX. 

I was scheduled for a XXXX on XX/XX/XXXX in the amount of XXXX. I showed up on the day of the XXXX and after addressing concerns with the doctor about the procedure, the doctor changed the material terms of the contract and procedure. The doctor did not make me feel comfortable in addressing my concerns and canceled the XXXX. I did not receive the services I paid for and American Express paid the charges to the merchant and I have been disputing the charge. They have been rejecting my dispute. My mom was present and in the office when the doctor cancelled the XXXX on XX/XX/XXXX. They have recently reopened another dispute as of XX/XX/XXXX. The customer service representative stated that it will yield the same outcome. I am an XXXX XXXX member and I will be stationed overseas. I feel it is unfair for them to charge me for a service that was not provided. 

American Express stated that the disputed charges do not qualify for a charge back because I did not meet the criteria. 
The contract states no refunds will be given for treatment or services once performed. The contract does not state payment made can be used for services the merchant choose to not provide. 

The information and timeline the merchant has provided AE for support has incorrect information/statements. 

On the morning of XX/XX/XXXX the doctor communicated with my mother and I in a private room in front of a staff member. During this time of communication the doctor stated he was going to XXXX XXXX XXXX. I was not aware he wanted to XXXX XXXX XXXX and I had not agree to my XXXX XXXX XXXX. The doctor did not say he would not XXXX XXXX XXXX, but instead chose to not perform the XXXX ( canceled ) and left ( prior to XXXX ). After the doctor canceled I left the doctors office and called AE ( at XXXX ) to notified AE of the doctors cancelation, and what had occurred and to addressed return of funds. AE told me to address the return of funds with the merchant/doctor. I returned to the doctors office and addressed the return of funds with the office staff and the staff went and got the doctors wife. She said I canceled and I told her it was the doctor who canceled and she did not change her position regarding who canceled ( she was not present when the doctor canceled ). I made attempts to address matters with his wife and she was resistant and told me/us to leave and said she was calling the Sheriff or police. We left and called XXXX at XXXX in case the wife had not called the law, since we felt we should get evidence of my presence at the doctors office. 
The XXXX XXXX Sheriff Station responded to the merchants call. The sheriff 's incident report # XXXX has the merchants call coming in at XXXX, our call coming in at XXXX, arrival time at XXXX. Deputy XXXX spoke with us in the the buildings downstairs lobby after they arrived ( XXXX ) and Deputy XXXX went upstairs to speak with the merchant. 
I have attached copies of our phone records that show : On XX/XX/XXXX a call from my phone to AE at XXXX ( 24 min ). This is the time I made the call to AE to notify AE that the doctor had canceled and to addressed charges. 

On XX/XX/XXXX calls from my Mothers phone : to AE at XXXX ( 6 min ), to XXXX at XXXX and to AE at XXXX ( 50 min ). 

Neither I nor my mother were with the doctor after XXXX on XX/XX/XXXX as has been presented by the merchant in their statement to AE. 
The merchants statement states 3 different timelines for performing the XXXX : 3 hours ( paragraph ), 2.5 ( paragraph ) and 1.5 hours ( paragraph [ after XXXX and before other patients appointments { XXXX } ] ). 

AE has stated they are sending the documentation submitted by the doctor, which I have not received. The only merchant response documentation I have received is the document that was sent to my mother via email ( sent to her from XXXX XXXX via email on XX/XX/XXXX ). 
I have presented in this statement what occurred and the contract does state the doctor can be paid under these conditions. 
AE says they can't force the doctor to refund the funds and that they don't have jurisdiction to not pay the doctor ( why? )

Company response to consumer: Closed with explanation