Document text
Section 75 Claim and Formal Complaint to the Card Provider
[YOUR FULL NAME]
[YOUR ADDRESS]
[PHONE] · [EMAIL]
Complaints Team
[CARD PROVIDER]
[ADDRESS OR SECURE MESSAGE / EMAIL]
[DATE]
Card account: ending [LAST 4 DIGITS] — Claim reference: [REFERENCE, IF ANY]
Claim under section 75 of the Consumer Credit Act 1974 and formal complaint
Dear Sir or Madam,
I make a claim under section 75 of the Consumer Credit Act 1974. [ON (DATE OF FIRST CLAIM) I ASKED YOU TO DEAL WITH IT AND YOU (REFUSED ON (DATE) / HAVE NOT GIVEN A DECISION)]. Please treat this letter as a formal complaint under your complaints procedure, and send me a copy of that procedure.
1. The transaction
Supplier [SUPPLIER NAME AND ADDRESS]
Item or service [DESCRIPTION]
Cash price of the item £[CASH PRICE]
Paid with this card £[AMOUNT ON THE CARD] on [DATE OF TRANSACTION]
Order or booking number [ORDER NUMBER]
2. What went wrong
[DESCRIBE THE BREACH OF CONTRACT OR MISREPRESENTATION — FOR EXAMPLE: THE SOFA DELIVERED ON (DATE) WAS NOT THE ONE ORDERED; THE FLIGHT WAS CANCELLED AND THE SUPPLIER STOPPED TRADING ON (DATE); THE SELLER SAID (WHAT) BEFORE I BOUGHT, AND IT WAS UNTRUE].
What I did with the supplier: [CONTACTS, DATES AND REPLIES, OR WHY CONTACT WAS NOT POSSIBLE].
3. Why you are liable
The card agreement is a debtor-creditor-supplier agreement. The item has a cash price over £100 and not over £30,000. Under section 75(1) I have the same claim against you as against the supplier, and you and the supplier are jointly and severally liable.
4. What I ask
[A REFUND OF £(AMOUNT) / THE COST OF REPAIR OR REPLACEMENT £(AMOUNT) / OTHER LOSS £(AMOUNT)], total £[TOTAL CLAIMED], to be credited to my card account or paid to me.
5. Final response
Please send your final response in writing. If I am unhappy with it, or I do not receive one within 8 weeks of your receiving this complaint, I intend to refer the matter to the Financial Ombudsman Service.
Evidence enclosed (copies): [ORDER CONFIRMATION, CARD STATEMENT, PHOTOS, SUPPLIER CORRESPONDENCE].
Yours faithfully,
____________________
[YOUR FULL NAME]
For me
[ ] Received by the card provider on [DATE]; 8 weeks end on [DATE + 56 DAYS]
[ ] Copy of the complaints procedure received
[ ] Final response received on [DATE] — ombudsman time limit noted from it
[ ] Copies of everything kept for the ombudsman