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How do I use Section 75 when a purchase goes wrong?

The legal right that makes a credit card provider equally liable with the seller, the conditions a purchase must meet, and how to make the claim so it is not brushed off.

Difficulty
beginner
Time
45 min
Read
4 min

Short answer

If you paid for something on a credit card and the price falls within the range Section 75 covers, the card provider is jointly liable with the seller for misrepresentation or breach of contract. You can claim from the card provider directly, even if the seller has gone bust. Write to the card provider stating that you are making a Section 75 claim.

Section 75 of the Consumer Credit Act 1974 is the strongest consumer protection most people never use. It makes the credit card provider equally responsible with the retailer, which matters most when the retailer cannot or will not put things right. There are conditions — the payment method, the price band, and the existence of a direct contract with the seller — and the price thresholds are set in the Act, so check the current figures on the Citizens Advice or FCA site rather than assuming.

Which route to your money back, by how you paid

Step by step

  1. Check you paid by credit card.Section 75 applies to credit agreements, so credit cards and some point-of-sale credit. Debit cards and prepaid cards are not covered — use chargeback for those.
  2. Check the price falls inside the covered range.The Act sets a minimum and maximum cash price for the item or service. Check the current figures with Citizens Advice, because a purchase just below the minimum is not covered.
  3. Note that a part payment counts.Paying only the deposit on the credit card can bring the whole purchase within Section 75, provided the cash price of the item is within the range. This is the most valuable and least known part of the rule.
  4. Check there is a direct link.The claim needs a direct debtor–creditor–supplier relationship. Payments made through some third-party payment processors can break that chain, so say exactly how you paid.
  5. Identify what went wrong in legal terms.Section 75 covers breach of contract and misrepresentation — goods not delivered, not as described, not of satisfactory quality, or a service not provided as promised.
  6. Try the seller first if they still exist.Not strictly required, but card providers ask, and a short record of trying strengthens the claim. If the seller has ceased trading, say so and move straight to the claim.
  7. Write to the card provider using the words 'Section 75 claim'.Naming it matters. A general complaint about a transaction often gets treated as a chargeback, which has shorter time limits and weaker rights.
  8. Set out the claim clearly.What you bought, when, how much, how you paid, what was promised, what happened, what you want, and the evidence attached. Include the amount you are claiming and how you calculated it.
  9. Include consequential losses if there are any.Section 75 can extend beyond the purchase price to losses caused by the breach. Quantify them and evidence them rather than asserting them.
  10. Escalate to the Financial Ombudsman if refused.It is free, it deals with a large volume of Section 75 disputes, and it can consider fairness as well as the strict legal position.

Tips

  • Paying a deposit by credit card on a large purchase — a kitchen, a holiday, a sofa — is the cheapest insurance available. It costs nothing and brings the whole purchase into scope.
  • Use the phrase 'Section 75 claim' in the first sentence and repeat it in the subject line. Claims described any other way get routed elsewhere.
  • Section 75 has a much longer effective window than chargeback, so it is often still available when chargeback is not.

Common mistakes

  • Assuming it does not apply because the seller has gone bust — That is precisely the situation it exists for. The card provider is jointly liable and remains so.
  • Paying the whole amount by bank transfer to save a card fee — A transfer carries none of these protections. The small surcharge or the effort of paying a deposit by card buys a genuine legal right.

If it doesn't work

The card provider says to claim from the retailer

Cause: A standard first response — Fix: Reply stating that liability under Section 75 is joint and several, and that you are claiming against them directly. Ask for a final response if they maintain the position.

The purchase was through a marketplace or payment processor

Cause: The debtor–creditor–supplier chain may be broken — Fix: Explain exactly how the payment flowed. Where the chain is broken, chargeback may still work — raise both.

The price is just below the minimum

Cause: The item's cash price falls outside the covered range — Fix: Use chargeback instead, and check whether other items in the same order bring it within range.

Questions people ask

What are the price limits?

The Act sets a minimum and maximum cash price for the item. The figures are fixed in legislation rather than changing annually, but check the current position with Citizens Advice or the FCA before relying on them.

Does it apply to holidays and flights?

It commonly does where you contracted directly with the provider and paid by credit card. The chain can be complicated by agents, so describe the booking precisely when you claim.

Can I use Section 75 and chargeback together?

You cannot recover twice, but you can raise both and let the provider deal with whichever applies. Where the chargeback time limit is close, raising it early preserves the option.

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