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
- •Must be actual credit card
- ✗Not debit cards
- ✗Not charge cards
- •Works with any card
- •Debit cards included
- •Prepaid cards too
- •Minimum £100 total price
- •Maximum £30,000
- •Only need to pay PART on card
- •Even £1 purchases
- •No maximum
- •Must pay some on card
- •From date of breach
- •Long window
- •From transaction/delivery
- •Must act fast!
- •Consumer Credit Act 1974
- •Legally enforceable right
- •Can go to court if rejected
- •Visa/Mastercard rules
- •Voluntary scheme
- •Bank has discretion
- ✓Breach of contract
- ✓Misrepresentation
- ✓Company went bust
- ✓Consequential losses
- ✓Goods not received
- ✓Goods faulty
- ✓Duplicate charges
- ✓Unauthorised transactions
- ✓Company went bust
- •Joint liability with seller
- •Card company must pay
- •Money clawed back
- •Merchant can dispute
🤔 WHICH SHOULD I USE?
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!