Delivery Law UK

[Your name]

[Your address]

 

[Name of credit card Company]

[Address of Credit Card Company]

 

Dear Sir or Madam

Consumer Credit Act 1974 Section 75

Credit card account number: [Enter CC Number]

Consumer Protection from Unfair Trading Regulations 2008 - Part 4A

 

On [Date of Purchase] I went onto the website [Trader’s website] to browse the products sold by [Trader’s name].

 

[Explain what happened and what led to you having a delivery charge dispute]

 

I recently read guidance outlined on deliverylaw.uk which is supported by the UK consumer law authorities which said that if I was misled into entering into a ‘contract’ or making a ‘consumer payment’ to a trader for the supply of a product and the misleading information (‘prohibited practice’) was a significant factor in the my decision to enter into the contract or make the payment then I could have a right of redress against the seller or if I paid for the goods via credit card - against my credit card provider.

 

Consequently, for the reasons outlined above I hereby make the following claim for redress (a discount) under Part 4A of the Consumer Protection from Unfair Trading Regulations 2008 and Section 75 of the Consumer Credit Act 1974 in relation to misrepresentations made by [Trader’s name] leading to my payment of [Enter total PAYMENT TO CREDIT CARD company (goods plus delivery)].

 

I assert that my claim meets the conditions set under Regulation 27A of Consumer Protection from Unfair Trading Regulations 2008:

 

1. By entering into a contract and/or making a consumer payment.
2. That  the [Trader’s name] trading as [Trader’s website]  engaged in a prohibited practice which was a  misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008.
3. The misleading action was [describe what particular issue misled you] which is a commercial practice that is both false and deceptive in terms of matters including the price or the manner in which the price is calculated and the existence of a specific price advantage.
4. The prohibited practices and misrepresentations concerning delivery by [Trader’s name] outlined above was a significant factor in my decision to make payment via credit card.  Accordingly I am in a position to claim for a DISCOUNT reflecting the seriousness of the prohibited practices. 

 

{Note: Here you must assess what you consider is the seriousness of the prohibited practice (25% = minor, 50% = significant, 75% = serious and 100% = very serious).  So if the purchase price including delivery was £400 and you consider the prohibited practice was ‘significant’ then the discount is 50% or £200}.

 

Having considered the situation I hereby wish to apply a discount of [25% or 50% or 75% or 100% (drop-down)] to the total Payment including delivery costs.  This equates to a [discount level multiplied by the total payment] discount reflecting the seriousness of the prohibited practices encountered in my dealings with [Trader’s name].

 

Please ensure payment is made promptly and I reserve the right to take this matter up with the Financial Ombudsman Service should you fail to deal with these matters satisfactorily.

 

 

Yours faithfully

 

 

 

[Enter your name]

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