Section 75: the credit card right most people never use.
Section 75 of the Consumer Credit Act 1974 is one of the most powerful consumer rights in the UK — and one of the least-used. It gives you the right to claim against your credit card provider for the same breach of contract or misrepresentation you could bring against the retailer. Most people have never heard of it. Here's exactly how it works and when to use it.
What Section 75 actually says
Section 75 of the Consumer Credit Act 1974 creates “joint and several liability” between the credit card provider and the supplier when you make a purchase. In plain terms: if the supplier (the company you bought from) breaches their contract with you or makes a misrepresentation that induces you to buy, your credit card provider is equally liable.
You do not have to exhaust your remedies against the supplier first. You can go straight to your credit card company. This is extremely useful when:
- The company has gone bust
- The company is overseas and difficult to pursue
- The company is simply refusing to engage with your complaint
- You've already tried and failed with the supplier directly
When Section 75 applies
The rules are specific:
Purchase price between £100 and £30,000
The item or service (not your payment — just that single item) must cost between £100 and £30,000. A £75 item doesn't qualify. A £35,000 item doesn't qualify. But a £150 item does, even if you only put £1 on the credit card.
Paid with a credit card (not debit card)
Section 75 applies to credit cards only. Debit cards are not covered (though Visa and Mastercard offer a separate chargeback scheme for debit cards under their own rules).
Direct link between the card and the purchase
There must be a “debtor-creditor-supplier” relationship — i.e. you paid the supplier directly with your credit card. Paying via PayPal or a third-party payment processor can complicate this.
Breach of contract or misrepresentation
You must have a valid claim against the supplier — goods not delivered, services not performed to standard, false advertising, or the supplier has gone into administration.
What counts as misrepresentation
Misrepresentation under the Misrepresentation Act 1967 covers false statements of fact made before you entered the contract that induced you to buy. This is broader than people think:
- A product described as “brand new” that was refurbished
- A service described as “24-hour” that operates only during business hours
- A delivery timeframe stated as a fact that was knowingly inaccurate
- Material omissions — failing to disclose something that would have affected your decision
You don't need to prove fraud. Innocent misrepresentation is enough for a Section 75 claim, though the remedies differ depending on whether the misrepresentation was fraudulent, negligent, or innocent.
Step-by-step: how to make a Section 75 claim
Document the breach or misrepresentation
Gather your evidence: the original advertisement or product description, your purchase receipt, any correspondence with the supplier, and evidence of the failure (photos, emails, delivery tracking showing non-delivery).
Contact your credit card provider in writing
Write formally to your credit card provider — not their customer service chat, but in writing (email to their complaints team or postal letter). Reference Section 75 of the Consumer Credit Act 1974 explicitly. State the purchase amount, the supplier, the nature of the breach or misrepresentation, and what resolution you require.
Set a deadline
Give the credit card provider a reasonable deadline — 14 days is standard. Under the Financial Conduct Authority's rules, regulated lenders must acknowledge complaints within 5 days and issue a final response within 8 weeks.
Escalate to the Financial Ombudsman if refused
If your credit card provider refuses a valid Section 75 claim or fails to respond within 8 weeks, you can escalate to the Financial Ombudsman Service for free. The Ombudsman upholds a significant proportion of Section 75 complaints against card providers.
⚠ There is no fixed statutory time limit for a Section 75 claim, but you should act promptly. The standard 6-year limitation period under the Limitation Act 1980 applies to contract claims. The longer you wait, the harder it is to establish the facts. Act now.
Write your Section 75 claim letter
Fight My Corner writes formally grounded Section 75 letters to credit card providers, citing the Consumer Credit Act 1974, the Misrepresentation Act 1967, and the FCA Complaint Handling Rules — ready within 5 minutes.
Write your Section 75 letter now →Fight My Corner provides dispute letter generation tools and guidance — not legal advice. For complex Section 75 claims, consider seeking specialist consumer advice.