Section 75 Consumer Credit Act: When Your Credit Card Provider Is Liable

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Written By PeterLogan

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When a supplier takes your money but fails to deliver, getting a refund can feel impossible. Section 75 of the Consumer Credit Act 1974 gives eligible UK consumers another option: the credit card provider may share legal responsibility for the seller’s breach of contract or misrepresentation.

This is a statutory right, not a discretionary reward for paying by credit card. It can be useful if the retailer disappears, faulty work is not corrected, or a product was sold on false promises. However, the price, payment route and evidence must support your claim.

When does Section 75 make the lender liable?

The law can make the creditor and supplier jointly and severally liable. You can pursue the lender for a qualifying claim against the seller without suing the seller first or waiting for that business to become insolvent.

A breach of contract might involve missing goods, defective products or services not performed as agreed. Misrepresentation involves a false statement that induced your purchase, such as a retailer wrongly claiming that an appliance works with an existing system. Simply changing your mind is not the same as establishing either ground.

The £100 to £30,000 price rule explained

Standard Section 75 protection applies where the cash price of a single item or qualifying set is more than £100 and no more than £30,000. Exactly £100 is excluded. The important figure is the price of what you bought, not the amount placed on the credit card.

Two independently priced £80 items do not qualify simply because your basket total is £160. Items sold together as a package may require a different assessment. The invoice and contractual description are valuable evidence.

Paying just the deposit may protect the whole purchase

Imagine agreeing to pay £5,000 for fitted wardrobes. You pay a £100 deposit directly to the supplier by credit card and transfer £4,900 from your bank. The supplier then closes without delivering anything.

Assuming other statutory requirements are met, a Section 75 claim can potentially cover the eligible loss on the £5,000 purchase, not merely your £100 deposit. Keep the quotation, card receipt, transfer confirmation and promised delivery date. Credit card deposits can be useful for expensive orders.

Purchases above £30,000 fall outside ordinary Section 75, although separate, narrower Section 75A rules may apply to some credit agreements.

What supplier problems can you claim for?

Examples include an undelivered order, faulty equipment, a course that was never provided, or building work completed below the agreed standard. The Consumer Rights Act 2015 may establish relevant obligations, including satisfactory quality for goods and reasonable care and skill for services.

Depending on the circumstances, compensation may include additional legally recoverable losses, not just the purchase price. Necessary replacement travel or costs resulting from faulty goods are possible examples. You must prove the loss and take reasonable steps to limit it. Not every inconvenience is compensable.

Our guide to Consumer Rights Act protections can help you identify exactly which promise the seller broke.

Why intermediary payments can complicate protection

Section 75 generally requires a qualifying debtor-creditor-supplier relationship. A direct credit card payment to the supplier is often easiest to assess. Digital wallets, marketplaces and booking agents can make contractual relationships less clear, although they do not automatically invalidate every claim.

Suppose an agent sells you an airline ticket. Its obligation might be to arrange the booking, while the airline operates the journey. If the airline fails, the card provider will need to consider the contracts and parties involved. Save the booking conditions and supplier details.

Debit cards, cash and bank transfers alone are not covered by Section 75. Purchases made with an additional card can raise questions about who should claim and who benefits from the purchase; the primary cardholder generally brings the claim.

How to make a Section 75 claim

Contact the supplier, then explain the breach

Where practical, first ask the supplier to put things right. But you can approach the lender directly if the supplier has disappeared or cannot reasonably help. State clearly: “I am making a claim under Section 75 of the Consumer Credit Act 1974.”

Give the purchase date, supplier name, total cash price, credit card payment amount and the reason you believe the supplier breached the contract or misrepresented the goods or services. Specify the remedy you seek and how any additional loss was calculated.

Submit evidence, not just a complaint

Include receipts, order confirmations, written terms, relevant advertisements, emails and photographs if available. For disputed workmanship, an independent report may be helpful. A simple timeline showing payment, delivery promises and attempts to resolve the dispute can clarify the facts.

Keep copies of your submission and request a written decision. A lender should consider both the legal eligibility requirements and whether the supplier is responsible for the claimed loss.

What if your card provider refuses?

Ask for the reasons in writing. Being told that a deposit was too small, on its own, is not necessarily a valid reason to reject Section 75. Other issues, particularly complex supplier relationships, may require more evidence.

If you disagree, make a formal complaint to the provider. For most complaints, it has up to eight weeks to respond. You can usually contact the Financial Ombudsman Service after a final response or after that deadline passes. Normally, you have six months from the final response to refer the complaint. Other legal time limits can apply, so do not delay.

For related help, see our explanation of how to complain to a financial services provider.

Section 75 and chargeback are not interchangeable

Chargeback is a card-scheme process that may reverse certain debit or credit card payments. Unlike Section 75, it does not make the lender jointly liable under statute. Time limits are often around 120 days, although the starting event and applicable scheme rules vary.

If Section 75 does not apply, chargeback may still be worth requesting. Understanding credit card chargeback rules is helpful when deadlines are approaching.

Frequently asked questions

Can a £1 credit card deposit qualify?

Potentially, yes. Even a small qualifying credit card payment may be enough if the individual purchase costs more than £100 and no more than £30,000, and the remaining legal conditions are met.

Does Section 75 cover overseas purchases?

It can. Buying from a foreign supplier does not automatically remove protection, though payment arrangements and evidence can make the assessment more complicated.

Does the retailer have to go bust first?

No. The seller can still be trading. What matters is whether you have a qualifying breach of contract or misrepresentation claim against that supplier.

Must I try the seller before contacting the lender?

Not as an absolute legal requirement. Contacting the seller is sensible, but you can approach the lender when the seller is unreachable or cannot resolve the problem.

Make your claim specific

Section 75 is a powerful part of UK credit card protection, but successful claims are built on facts. Confirm the cash price, identify your contractual supplier, preserve the original promises and explain exactly how they were broken. A clear evidence trail gives the provider—and an Ombudsman, if necessary—a sound basis for assessing your rights.