Consumer complaint received 2016-02-17
Company: AMERICAN EXPRESS COMPANY
State: TX
Product: Credit card
Issue: Billing disputes

Complaint:
I sought consulting services from XXXX XXXX XXXX. The consulting services were supposed to be provided for one year, commencing on XXXX XXXX, XXXX. The amount for the 12 months of consulting was {$22000.00} and was paid via American Express credit card. The company provided adequate services in the first month of their consulting service but I grew frustrated with the lack of their advice towards the second month. I have e-mail documentation showing my growing concerns as to our progress. XXXX XXXX, XXXX was the last date of our contact, which is approximately XXXX XXXX months after the services started. 

At this point in time, I terminated the contract as stipulated in Section XXXX of the signed agreement. It notes : " After at least 3 months of consulting, either party may cancel this consulting Agreement. The cost of {$22000.00} will be prorated based upon the length of consulting services provided, rounded up to the nearest whole month. For example, if consulting services are retained for 6 months and 1 week, the Client 's responsible portion will be 7 months and 5 months will be reimbursed. Repayment will be within thirty days. '' In this situation, the prorated time used would be 3 months, rounded up from 2.5 months and the refund would be for 9 months. {$22000.00} divided into 12 months equals {$1800.00} monthly. Therefore, a refund of 9 months would be : XXXX x {$1800.00} = {$17000.00}. 

The consulting company disagreed with this figure and came back with an amount much lower, without explanation. At this point in time, I relied on the American Express dispute process to resolve the conflict. After the first XXXX disputes, the consulting company agreed to refund {$11000.00} and did so AFTER the date they were supposed only, and only after repeated calls to them from American Express. The consulting company claimed that travel, meals, and lodging expenses had to be deducted from the refund amount. This is in defiance of the agreed-upon contract which clearly states the " cost of {$22000.00} will be prorated '' and does NOT refer to any reimbursement of expenses. 

Because of the large difference, {$5800.00}, I lodged another dispute with American Express. In the dispute paperwork, I provided copies of : 1 ) the signed contract, 2 ) an e-mail from the owner of the consulting company acknowledging that the " Client Agreement changes are fine '', referring to the proration clause, and 3 ) several e-mails where I expressed growing concern for the lack of consulting being provided. This dispute was resolved in the merchant 's favor in XXXX XXXX WITHOUT ADEQUATE RESEARCH. 

A response from the merchant stated that " Extensive follow up occurred until XX/XX/XXXX. '' This was NOT investigated by AMEX and I am directly challenging this statement! 

At no point did the consulting company have ANY contact with me after XXXX XXXX, XXXX until I contacted them to cancel the consulting agreement. If they are claiming to having provided " extensive follow up '', I demand to see proof such as e-mail correspondence between the myself and the company, phone logs showing sustained contact after XXXX XXXX, XXXX worthy of " extensive follow up '', or even SMS records.The burden to prove that services were provided from XXXX XXXX, XXXX to the " XX/XX/XXXX '' falls upon the merchant. I am confident the consulting company will not be able to provide any such proof. 

I 've even attached a screenshot of my e-mail inbox showing that no other emails were received from the consultant after XX/XX/XXXX. 

Despite the consulting company providing airline receipts for flights, the consultant did not follow through with these flights and thus, NO consulting services were provided on XX/XX/XXXX or XX/XX/XXXX.

Company response to consumer: Closed with explanation