${current_date}
${your_name_and_address}
${credit_card_company_name}
${credit_card_company_address}
Dear Sirs
Re: My Credit Card – Account No. ${account_number}
Section 75 of the Consumer Credit Act 1974
On ${order_placed_date} I placed an order with ${order_company_name}, for tickets to an event at a cost of £${transaction_amount}. When making the purchase I used my credit card for payment.
The tickets have not been delivered despite me chasing the supplier on a number of occasions.
I understand that section 75 of the Consumer Credit Act 1974 provides as follows:
75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
The consequence of this provision means in this instance that as you (the credit card company) are involved in the transaction, you are liable to the customer (me) for any breach of contract or misrepresentation along with the supplier of the goods and services (in this instance the non-delivery of the tickets).
The supplier’s failure to deliver the tickets is a clearly a breach of contract, and as I paid for the tickets using my credit card, I confirm that I hold you jointly liable for this breach.
I therefore require that you to credit my account with the full purchase price of the tickets in the sum of £${transaction_amount}. I require that this reimbursement be completed within the next 14 days.
In the event that reimbursement is not credited to my account, I confirm that I will instruct solicitors to commence legal proceedings against you to recover my loss due to your failure to comply with S.75 of the Consumer Credit Act 1974.
For the sake of completeness, I confirm that this letter is to be considered a formal Letter Before Action and as such I refer you to the Practice Direction on Pre-Action Conduct. In particular I draw your attention to Paragraph 4 concerning the Courts powers to impose sanctions for failure to comply with the Practice Direction.
In the event that I am forced to commence legal proceedings I will bring this letter to the attention of the Court when seeking payment of my legal costs.
I trust that this is not necessary and look forward to receiving reimbursement in full within 14 days.
Yours faithfully
${your_name}