TheyPromised
Log InStart Free

legislation

Section 75 protections on credit card purchases

May apply to qualifying purchases over £100 on a UK-regulated credit agreement.

If you paid for something with a credit card and the retailer or supplier let you down, you may have a powerful legal route to get your money back — not from the retailer, but from your credit card company. Section 75 of the Consumer Credit Act 1974 can make your card issuer jointly liable when things go wrong with purchases between £100 and £30,000. This guide explains when it applies, how to make a claim, and what to do if your card company refuses.

What you need to know

What Section 75 actually does

Section 75 creates a legal link between you, your credit card company, and the supplier. If the supplier misrepresents what they are selling or breaches the contract, your card issuer shares that liability. This means you can claim from the card company even if the supplier has gone bust, is based abroad, or simply refuses to help. It is a statutory right — the card company cannot opt out of it or add conditions that override the legislation.

Consumer Credit Act 1974 section 75

The £100 to £30,000 rule

The individual item or service must cost more than £100 and not more than £30,000. This is the cash price of the item, not the amount you put on the card. So if you bought a £500 holiday and only paid a £50 deposit on the credit card, Section 75 still covers the full £500 because the item price exceeds £100. However, if you bought five items at £50 each totalling £250, none of them individually meets the threshold.

Consumer Credit Act 1974 section 75

Misrepresentation and breach of contract

You can claim under Section 75 for two types of problem: misrepresentation (where the supplier said something untrue that influenced your decision to buy) and breach of contract (where the goods or services did not match what was agreed). Common examples include holidays that do not match the description, goods that arrive faulty or never arrive at all, building work completed to a poor standard, and services that were promised but not delivered.

Consumer Credit Act 1974 section 75

The debtor-creditor-supplier arrangement

Section 75 requires a specific legal chain: you (the debtor) must have a credit agreement with the card issuer (the creditor) who has a pre-existing arrangement with the supplier. This is usually straightforward for standard credit card transactions. However, it can get complicated with third-party payment processors, marketplace purchases where the seller is different from the platform, and transactions through intermediaries like travel agents.

Consumer Credit Act 1974 section 75

Section 75 vs chargeback

Section 75 is a statutory right under UK law. Chargeback is a process run by the card schemes (Visa, Mastercard) and is not a legal right. They work differently: Section 75 covers misrepresentation and breach of contract, applies only to credit cards, and has no strict time limit beyond the normal limitation period. Chargeback applies to credit and debit cards, has scheme-specific time limits (often 120 days), and covers a wider range of scenarios including non-delivery. You can pursue both routes if appropriate.

Consumer Credit Act 1974 section 75; Visa/Mastercard scheme rules

Step-by-step

  1. 1

    Confirm Section 75 applies to your purchase

    Check that you paid with a UK-regulated credit card, the item cost over £100, the problem amounts to misrepresentation or breach of contract, and the purchase was not via a complicated intermediary chain. If you are unsure, proceed with the claim anyway — the card issuer must investigate.

    Tip: Even if only a partial payment was on the credit card, Section 75 may still apply to the full item price.

  2. 2

    Gather your evidence

    Collect the credit card statement showing the transaction, the contract or order confirmation, any advertising or description of what was promised, evidence of the problem (photos, expert reports, correspondence with the supplier), and proof you tried to resolve it with the supplier first.

    Tip: Screenshot product listings and marketing material as soon as a problem arises — websites can change.

  3. 3

    Try to resolve with the supplier first

    While not legally required for a Section 75 claim, attempting to resolve the issue with the supplier first shows good faith and provides additional evidence. Write to them explaining the problem and what you want them to do. Keep copies of all correspondence and note any deadlines you set.

    Tip: Set the supplier a reasonable deadline (14 days is common) before escalating to the card issuer.

  4. 4

    Write a formal Section 75 claim to your card issuer

    Send a written claim to your credit card company. Clearly state that you are making a claim under Section 75 of the Consumer Credit Act 1974. Explain what you bought, what went wrong, what the supplier did or failed to do, and what you are claiming (full refund, partial refund, or specific amount). Attach your evidence. Most card issuers have a dedicated address or process for Section 75 claims.

    Tip: Use the words 'Section 75' explicitly — do not let the bank treat it as a standard chargeback.

  5. 5

    Wait for the card issuer to investigate

    The card issuer should acknowledge your claim and investigate. They may ask for additional evidence. They are required to handle your claim under FCA DISP rules, which means they must send a final response within 8 weeks. Some claims are resolved much faster.

    Tip: Chase in writing if you have not heard back within 4 weeks.

  6. 6

    Escalate to the Financial Ombudsman if refused

    If the card issuer refuses your claim or you are unhappy with their decision, you can refer the complaint to the Financial Ombudsman Service within 6 months of the final response. FOS will review the claim independently. The service is free for consumers.

    Tip: Do not let a claims management company handle this for you — FOS is free and you keep 100% of any award.

Eligibility

  • Credit card payment (not debit card)

    Section 75 only applies to credit cards issued under a UK-regulated credit agreement. It does not cover debit cards, charge cards (where the balance must be paid in full each month), or prepaid cards. For debit card disputes, chargeback through the card scheme is the main route.

  • Single item price over £100

    The cash price of the individual item or service must be more than £100. It does not matter how much of that amount you put on the credit card — even a £1 deposit on a £500 item triggers Section 75. But the item itself must cross the £100 threshold; you cannot combine multiple smaller items to reach it.

  • Single item price not more than £30,000

    The upper limit is £30,000 for the cash price of the individual item. For purchases above this amount, you may still have a claim under the credit agreement terms or through the courts, but Section 75 itself does not apply.

  • Misrepresentation or breach of contract by the supplier

    You need to show that the supplier either misrepresented what they were selling or breached the contract. Simply changing your mind about a purchase is not covered. The supplier must have done something wrong.

  • Debtor-creditor-supplier chain exists

    The transaction must involve a direct or pre-existing commercial arrangement between the card issuer and the supplier. Most standard card transactions meet this test, but complications can arise with marketplace sellers, payment intermediaries, and certain overseas transactions.

Key deadlines

  • Card issuer must send final response

    56 days · from Date complaint received by card issuer

  • FOS referral deadline from final response

    180 days · from Date of final response letter (check FOS website for current rules)

  • General limitation period for breach of contract (England/Wales)

    2190 days · from Date of the breach

Get your complaint letter in 60 seconds

Citing Consumer Credit Act 1974 with your specific case details — editable before you send anything.

Start your free complaint
  • Free tier includes your first AI-drafted letter
  • No credit card required

Suggestions are for guidance only. Always verify with official sources.

Frequently asked questions

Does Section 75 apply to debit card purchases?▼
No. Section 75 only applies to credit cards. For debit card purchases, your main route is chargeback through the card scheme (Visa or Mastercard). Chargeback is not a statutory right but a scheme-administered process with its own rules and time limits.
What if I only paid part of the price on my credit card?▼
Section 75 can still apply. If the item cost £500 and you paid a £50 deposit on the credit card and the rest by bank transfer, the card issuer may still be liable for the full amount because the item price exceeds £100 and there was a credit card payment in the transaction.
Is there a time limit for Section 75 claims?▼
There is no specific time limit written into Section 75 itself. However, the normal limitation period for breach of contract claims in England and Wales is 6 years. In Scotland it is 5 years. Card issuers sometimes try to refuse claims they consider too old, but this is not always correct.
Can the card company refuse my Section 75 claim?▼
They can reject it if they believe the eligibility criteria are not met. Common reasons include the item costing under £100, the problem not amounting to breach of contract, or a disputed debtor-creditor-supplier chain. If you disagree with their reasoning, escalate to the Financial Ombudsman Service.
Does Section 75 work for purchases made abroad?▼
It can, but the debtor-creditor-supplier arrangement can be more complex with overseas transactions, especially if an intermediary payment processor is involved. The legal position on foreign transactions has been debated, but many successful claims have been made for overseas purchases.
Can I claim for a holiday that was cancelled?▼
Yes, if you paid for the holiday (or a deposit) on a credit card and the holiday cost over £100. If the holiday company or airline breached the contract by cancelling or failing to provide what was promised, Section 75 may cover your losses including the cost of alternative arrangements.
What if the company has gone bust?▼
This is one of Section 75's greatest strengths. Because your claim is against the card issuer, not the supplier, it works even if the supplier has ceased trading. You do not need to wait for an insolvency process — claim directly from your card company.
Should I use a claims management company?▼
Generally no. You can make a Section 75 claim yourself for free, and the Financial Ombudsman Service is also free. Claims management companies will take a percentage of any compensation awarded. TheyPromised can help you draft the claim letter without taking a cut of your refund.

Related pages

Learn more

We use cookies to improve your experience and understand how TheyPromised is used. You can change your preference at any time in Privacy Settings.

Privacy Policy