Section 75 claim refused: complaint and final response request

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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