Not upheld: disputed transactions and refund claims complaint against NewDay Ltd (trading as Aqua)

Decision detail

Summary

Mr B complained that Aqua failed to refund two transactions: a £6.50 train station purchase he claimed he did not make, and a £4.99 delivery charge. Aqua declined both refunds, and when Mr B provided evidence of a train ticket purchase for £6.50 at a different station in the same city at the exact time of the disputed transaction, the ombudsman concluded the transaction was authorized. The ombudsman also found the £4.99 charge was not eligible for Section 75 protection as it fell below the threshold and the service was delivered. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman concluded that Mr B authorized the £6.50 transaction by making a payment for the same amount at the same time in a similar location, even though the merchant name on the statement differed from the actual location. The transaction details discrepancy was caused by how merchants appear on statements, which is not controlled by Aqua. For the £4.99 delivery charge, the ombudsman found it was not eligible for Section 75 protection as the claim amount was below the threshold, and Mr B received the service he paid for. Aqua acted fairly in attempting to settle the matter.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website