Letter to make a claim for equal liability from a credit provider
When you buy goods or services on credit your creditor may also be responsible if things go wrong.
Under the terms of the Consumer Credit Act 1974 - Section 75 if you have a business link with your credit provider as well as the trader, you may be able to make a claim to get your money back under the equal liability rules. This holds your credit provider jointly and severally liable with the trader for any breach of contract.
You are most likely to have a business link with your credit provider if you've bought something with a credit card or you have an agreement where the trader provided you with the goods or service but a separate finance company provided the credit.
Your credit agreement should say whether you can make a claim under equal liability rules.
If your credit provider also provided you with the goods or service, you will not be able to make an equal liability claim.
You can make a claim if the price of any single cash item is more than £100 but not more than £30,000.
Example letter
Sam Hoolin
8 Park Avenue
Arlton
AL1 4CA
sam123@mail.com
01632 960001
11 January 2023
Giltham City Bank
24 Station Road
Giltham
GT16 3LP
To whom it may concern,
Account number: 483 9650 922
Re: Microwave 400w
Consumer Credit Act 1974 (as amended)
I am writing to you regarding a problem I have with the item that I bought from Giltham Traders on 14 January 2022 at a cost of £100.
The microwave stopped working on the 'cook' function after two days and only works for defrost. Please also find enclosed copies of letters that I have already sent to Giltham Traders to try and sort this problem out.
As you supplied the credit for this purchase, I hold you jointly and severally liable for the breach of contract with Giltham Traders under section 75 of the Consumer Credit Act 1974.
You therefore have a duty to offer me the same solution to the problem as I have already asked Giltham Traders to provide.
I look forward to hearing your response within the next 14 days.
Yours faithfully,
Sam Hoolin