Not upheld: Card / payment disputes complaint against MBNA Limited

Decision detail

Summary

Mr S complained about MBNA's handling of his refund request for two car rental payments made via credit card, citing issues including delayed car availability, vehicle condition, and staff behaviour. MBNA declined the refund, stating insufficient evidence of breach of contract or misrepresentation. The ombudsman found Mr S bore the burden of providing persuasive evidence to MBNA and had not done so, and that since he had use of the car for the full booking period, he would not be entitled to a full refund under Section 75. MBNA's decision not to attempt a chargeback was also upheld due to insufficient supporting documentation. The ombudsman upheld MBNA's offer of £100 compensation and interest refund for acknowledged poor customer service during complaint handling calls.

The Ombudsman's reasoning

The ombudsman determined that Mr S bore the burden of providing persuasive evidence of breach of contract or misrepresentation to MBNA, not the other way around. The email regarding the delay did not establish the reason for the delay, and Mr S provided insufficient supporting documentation to meet the chargeback reason code criteria for 'Goods or Services Were Either Not as Described or Defective'. Critically, Mr S had use of the hired car for the full duration of his booking, which undermined any claim for a full refund. MBNA acted fairly in declining both the Section 75 claim and in not attempting a chargeback. The poor customer service during complaint handling calls was acknowledged and appropriately remedied with compensation and interest refund.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website