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[Your address]

[Company address]

Dear Sir/Madam

[Reference]

On [date] I booked to hire a [insert car type] with [insert car hire company] for [dates, location] at a cost of [£……] which I paid using my [name] credit card.

When I arrived to pick up the car I was told that the car that I had hired was not available and all of the cars were fully booked. 

I complained immediately to their representative but the matter was not resolved to my satisfaction.

It was an express term of the contract between us that I would be provided with a [insert car type] on [dates, location, and price].

The [insert car hire company] failure to provide any car constitutes a breach of that contract. This caused considerable disappointment and inconvenience and I had to hire an alternative car.

I understand that under section 75 of the Consumer Credit Act 1974 you, as the credit-card company involved in the transaction, are liable to the customer (me) for any breach of contract or misrepresentation along with the supplier of the goods and services.

The car hire company’s failure to supply us with a car is a breach of contract, and as I paid by credit card I hold you liable for this breach.

I therefore expect you to credit my account with the full purchase price of [£……] within the next 14 days.

If I do not hear from you with a satisfactory response to this letter within 14 days then I will reserve my right to start legal action against you to recover my loss due to your failure to comply with Section 75 of the Consumer Credit Act 1974.

As this is a formal letter I must refer you to the Practice Direction on Pre-Action Conduct and in particular to Paragraph 4 concerning the Courts powers to impose sanctions for failure to comply with the Practice Direction.

Yours faithfully,

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