We contracted with an auto transportation company to transport our vehicle from XXXX to XXXX. A contract was signed under false pretenses. The misrepresentation from the transport company resulted in us being charged {$740.00} by our credit card company. The transport company never transported our vehicle. We attempted to resolve this issue with Barclaycard, but they were unwilling to refund the amount. However I digress. XXXX XXXX XXXX lied to us, so we canceled the contract. The contract had a " non-refundable '' clause. This is what Barclaycard is using to withhold our refund. The contract was executed in XXXX. XXXX Statue section 817 Fraudulent misrepresentation stipulates : Under contract law, a plaintiff can recover against a defendant on the grounds of fraudulent misrepresentation if ( 1 ) a representation was made ; ( 2 ) that was false ; ( 3 ) that when made, the representation was known to be false or made recklessly without knowledge of its truth ; ( 4 ) that it was made with the intention that the plaintiff rely on it ; ( 5 ) that the plaintiff did rely on it ; and ( 6 ) that the plaintiff suffered damages as a result. 

The contract is null and void, however. Barclaycard is refusing to follow XXXX statues by allowing the merchant to bill for services they never provided. We chose to use another transportation company and contacted XXXX XXXX XXXX to cancel our request, which they did, but still charged us the entire amount it would have cost to transport the vehicle. 

In closing, we were charged {$740.00} for a service that was never rendered and Barclaycard has refused to refund our money. 
