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Section 75 Credit Card Claims

Your credit card company is jointly liable for purchases gone wrong.


#At a Glance

Difficulty ⭐ Easy
Time to DIY 1 hour
Payout Full purchase price
Time Limit 6 years
Escalation Financial Ombudsman Service

#What Is It?

Section 75 makes your credit card provider jointly and severally liable with the seller for:

  • Breach of contract – goods/services not as described
  • Misrepresentation – seller made false claims

This means you can claim from your card provider if the seller won't (or can't) help.


#Am I Eligible?

#✅ Section 75 applies if:

  • You paid by credit card (not debit card)
  • The item/service cost between £100 and £30,000
  • There was a breach of contract or misrepresentation
  • The payment was for goods or services (not cash advances)

#✅ Even works when:

  • The seller has gone bust
  • You only paid a deposit by credit card (if over £100)
  • The rest was paid another way
  • The seller is overseas

#❌ Section 75 doesn't apply if:

  • You used a debit card (use chargeback instead)
  • Total item price was under £100 (use chargeback)
  • Total item price was over £30,000
  • You used PayPal balance or similar (breaks the debtor-creditor-supplier link)

#Common Section 75 Scenarios

Scenario Can You Claim?
Holiday company goes bust ✅ Yes
Faulty goods seller won't refund ✅ Yes
Paid deposit by credit card, balance by bank transfer ✅ Yes (if deposit over £100)
Item not as described ✅ Yes
Bought via PayPal funded by credit card ⚠️ Maybe – disputed
Used debit card ❌ No – use chargeback
Item cost £50 ❌ No – below £100 threshold

#Step-by-Step Process

#Step 1: Try the Seller First

  • Contact the seller and request a refund/replacement
  • Keep evidence of your attempts
  • If they refuse or can't help, move to Section 75

#Step 2: Gather Evidence

  • Credit card statement showing the transaction
  • Proof of what went wrong (photos, emails, etc.)
  • Any correspondence with the seller

#Step 3: Submit Section 75 Claim to Card Provider

  • Call or write to your credit card company
  • State you're making a "Section 75 claim"
  • Explain the breach of contract or misrepresentation
  • Include all evidence

📝 Use our template: Section 75 Claim Letter

#Step 4: Wait for Response

  • Card provider should respond within 8 weeks
  • They may want to investigate
  • If rejected or delayed, escalate to FOS

#Evidence You'll Need

  • Credit card statement showing payment
  • Proof of purchase (receipt, order confirmation)
  • Evidence of the problem (photos, reports)
  • Correspondence with seller
  • Terms and conditions (if relevant)


#Section 75 vs Chargeback

Section 75 Chargeback
Card type Credit card only Credit AND debit cards
Legal right Yes – statutory right No – card scheme rules
Amount limits £100–£30,000 No minimum
Time limit 6 years 120 days (usually)
Seller bust Still works Still works

📊 See the full comparison: Section 75 vs Chargeback

Strategy: Try both if applicable. Chargeback is faster but weaker. Section 75 is your legal right.


#Common Questions

Q: I paid a £150 deposit by credit card but the item cost £1,000 – am I covered?

Yes. The total item price is £1,000 (within limits), and you paid part by credit card. The whole purchase is covered.

Q: The credit card company says I should claim from the seller first – is that right?

You should make reasonable attempts to contact the seller, but if they've gone bust or won't help, you can go straight to Section 75.

Q: I used my business credit card – does Section 75 apply?

Only if you're a sole trader or partnership and the credit was under £25,000. Limited companies aren't protected.

Q: The card company rejected my claim – what now?

Escalate to the Financial Ombudsman. FOS often overturns Section 75 rejections.


💳

CARD PROTECTION: WHICH SHOULD YOU USE?

Both can get your money back, but they work differently

Card Type
CREDIT CARD ONLY
  • Must be actual credit card
  • Not debit cards
  • Not charge cards
CREDIT OR DEBIT
  • Works with any card
  • Debit cards included
  • Prepaid cards too
Purchase Amount
£100 - £30,000
  • Minimum £100 total price
  • Maximum £30,000
  • Only need to pay PART on card
NO LIMIT
  • Even £1 purchases
  • No maximum
  • Must pay some on card
Time Limit
6 YEARS
  • From date of breach
  • Long window
120 DAYS⚠️
  • From transaction/delivery
  • Must act fast!
Legal Basis
⚖️LAW
  • Consumer Credit Act 1974
  • Legally enforceable right
  • Can go to court if rejected
📋RULES
  • Visa/Mastercard rules
  • Voluntary scheme
  • Bank has discretion
Coverage
Broader Protection
  • Breach of contract
  • Misrepresentation
  • Company went bust
  • Consequential losses
Transaction Issues
  • Goods not received
  • Goods faulty
  • Duplicate charges
  • Unauthorised transactions
  • Company went bust
Who Pays
Card provider is liable
  • Joint liability with seller
  • Card company must pay
Merchant's bank charged
  • Money clawed back
  • Merchant can dispute

🤔 WHICH SHOULD I USE?

Is it a CREDIT card?NOUSECHARGEBACK(only option)YESTotal price £100+?NOUSECHARGEBACK(S75 doesn't apply)YESNeed to act fast?(<120 days)YESTRYCHARGEBACKFIRSTNOUSESECTION 75(stronger protection,more time)

USE SECTION 75 IF:

  • 💳 Credit card
  • 💷 Item cost £100+
  • Not urgent
  • 🏢 Company went bust
  • 🛡️ Want strongest protection

USE CHARGEBACK IF:

  • 💳 Debit card
  • 💷 Item cost under £100
  • Need money back fast
  • Simple dispute
  • 🔄 Section 75 rejected

💡 TIP: If both apply, try Section 75 first for larger amounts – it's your legal right, not just a favour.

⚠️ IMPORTANT: You can try BOTH! If Chargeback fails, you can still try Section 75. If Section 75 is rejected, escalate to the Financial Ombudsman Service – it's free!