ABSTRACT
Re Charge Card Services (1988) CA CCS Ltd (creditor) ran a charge card operation whereby various garages (retailers) would supply fuel to card holders (debtors) and receive payment from CCS. In turn, CCS would bill the card holders monthly. The garages had supplied fuel to the card holders when CCS became insolvent, leaving the garages unpaid. The question arose whether the garages could sue the card holders directly for their losses. They argued that payment by card was the same as payment by cheque: if a customer’s cheque is dishonoured then the customer becomes liable; payment by cheque is conditional upon it being honoured. However, as some of the card holders had paid CCS, this argument would result in them paying twice for the fuel.
