Section 75: the credit card right most people never use.
The Section 75 Consumer Credit Act protection is one of the most powerful credit card consumer rights available to UK consumers — and one of the most consistently overlooked. A Section 75 claim UK lets you hold your credit card provider jointly responsible for a supplier's breach of contract or misrepresentation, even if the supplier has disappeared, gone bust, or is simply refusing to engage. This guide explains exactly how Section 75 of the Consumer Credit Act 1974 works, when it applies, and how to use it.
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Write my letter now →What Section 75 of the Consumer Credit Act 1974 actually says
Section 75 of the Consumer Credit Act 1974 states that where a debtor (you) has a claim against a supplier (the company you bought from) for misrepresentation or breach of contract in connection with a purchase made using a regulated credit agreement, the creditor (your credit card provider) is jointly and severally liable with the supplier for that claim.
In plain English: if the company you bought from has let you down, and you paid by credit card, your credit card company is equally responsible. You can go directly to your credit card provider instead of — or as well as — chasing the supplier.
This right is statutory and cannot be excluded by the credit card company's terms and conditions. Any attempt to contract out of Section 75 liability is unenforceable.
When does Section 75 apply?
The four conditions that must be met are:
The purchase price of the single item or service was between £100 and £30,000
Note: this is the price of the item, not the amount you put on your credit card. A £150 item qualifies even if you only charged £1 to your card (and paid the rest by other means). A £99 item does not qualify. A £35,000 item does not qualify (though chargeback may still be available — see below).
You paid with a credit card
Section 75 applies to credit cards only, not debit cards, prepaid cards, or store cards that are not regulated credit agreements. Debit card transactions may be covered by the Visa or Mastercard chargeback scheme, but that is a voluntary scheme, not a statutory right.
There is a direct debtor-creditor-supplier link
The payment must go directly from your credit card to the supplier. Payment via a third-party intermediary — such as PayPal, a travel agent acting as principal, or a marketplace where the seller is a third party — can break this link. Courts have wrestled with this, but the clearest position is: if you paid the supplier directly with your credit card, Section 75 applies.
You have a valid claim against the supplier
You must have a claim for breach of contract or misrepresentation. Breach of contract includes: goods not delivered, goods not matching description, services not performed with reasonable care and skill, the supplier going into administration before delivering your order. Misrepresentation under the Misrepresentation Act 1967 includes false statements of fact that induced you to buy.
What counts as misrepresentation?
Misrepresentation under the Misrepresentation Act 1967 is a false statement of fact made before you entered the contract that induced you to make the purchase. This is broader than most people expect:
- A product described as “brand new” that was factory refurbished
- A service described as available 24/7 that operates only during business hours
- A hotel described as “4-star” with specific facilities that were unavailable
- A car described as having a full service history that did not
- Investment returns presented as typical that were exceptional
- Material omissions — failing to disclose something that would have affected your decision
You do not need to prove fraudulent intent. Innocent and negligent misrepresentation both give rise to a Section 75 claim, though the available remedies differ. For an innocent misrepresentation, the court has discretion whether to award rescission or damages.
Section 75 vs chargeback — what is the difference?
Section 75
- Statutory right — cannot be refused if conditions are met
- Credit cards only
- Purchase £100–£30,000
- No time limit (subject to 6-year limitation)
- Card provider is jointly liable — not just processing a reversal
Chargeback
- Voluntary Visa/Mastercard/Amex scheme
- Credit and debit cards
- No minimum purchase amount — useful for sub-£100 purchases
- Time limits apply (typically 120 days)
- Card provider can refuse — it is discretionary
If your purchase qualifies for Section 75, use Section 75 — it is a statutory right and your card provider cannot lawfully refuse a valid claim. Chargeback is useful where Section 75 does not apply (sub-£100 purchases, debit card payments) but it is weaker.
Step-by-step: how to make a Section 75 claim
Document the breach or misrepresentation
Gather your evidence before writing to your card provider. You need: the original advertisement or product description, your order confirmation, payment receipt showing the credit card was used, any delivery or service confirmation, and evidence of the failure — photos of the faulty goods, emails showing non-delivery, the administrator's announcement if the company went insolvent.
Write formally to your credit card provider
Do not call. Write — by email to the card provider's complaints address, or by recorded post. Head the letter clearly as a formal Section 75 claim under the Consumer Credit Act 1974. State: (a) the purchase amount, (b) the supplier, (c) the nature of the breach or misrepresentation, (d) the remedy you are seeking (full refund, partial refund, or damages). Attach your evidence.
Set a deadline and cite the FCA's rules
Your credit card provider is an FCA-regulated firm subject to DISP (the Dispute Resolution sourcebook). They must acknowledge your complaint within 5 business days and issue a final response within 8 weeks. State this deadline explicitly. Set your own 14-day response deadline for an initial substantive acknowledgment.
Escalate to the Financial Ombudsman if refused
If your card provider refuses a valid Section 75 claim or fails to respond within 8 weeks, escalate to the Financial Ombudsman Service (FOS) for free. The FOS handles Section 75 disputes routinely and frequently finds in consumers' favour where card providers have refused claims on incorrect grounds — for example, refusing because “you paid by PayPal” without properly investigating the debtor-creditor-supplier chain.
Common reasons card providers reject Section 75 claims — and why they are wrong
“You need to try to resolve it with the supplier first”
False. Section 75 creates joint and several liability — you do not have to exhaust your remedies against the supplier before claiming against the card provider. The Supreme Court confirmed this in Office of Fair Trading v Lloyds TSB Bank plc [2007].
“You paid via PayPal / a travel agent / a marketplace”
This requires a proper analysis of whether the debtor-creditor-supplier link exists. The FCA expects card providers to investigate properly, not refuse automatically. If the payment ultimately went to the merchant through an intermediary, there may still be a valid Section 75 claim. Escalate to the FOS if refused on this ground without adequate investigation.
“Your card agreement doesn't cover this”
Section 75 is a statutory right. Card providers cannot contract out of it. Any term in your credit card agreement that limits or excludes Section 75 liability is unenforceable under s.173 Consumer Credit Act 1974.
“The amount is too small / too large”
The £100 minimum applies to the item's price, not the amount charged to the card. The £30,000 cap applies to the item's price, not the total claim value. Double-check whether the item price falls within the range before accepting a refusal on this ground.
⚠ There is no fixed statutory time limit for a Section 75 claim, but the standard 6-year limitation period under the Limitation Act 1980 applies to contract claims. Act sooner rather than later — evidence is harder to gather over time.
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Start your dispute letter now — from £9.99 →Fight My Corner provides dispute letter generation tools and guidance — not legal advice. For complex Section 75 cases, consider seeking specialist consumer advice from Citizens Advice or a solicitor.