Section 75 Consumer Rights Explained

Editorial Status & Legal Guidance

This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.

Key Takeaways for Section 75 Consumer Rights Explained

Discover how Section 75 of the Consumer Credit Act protects credit card purchases in the UK. This comprehensive guide explains your rights, eligibility criteria, how to make a claim, common exclusions, and what to do if your claim is rejected in England and Wales.

Contractual Fairness: Contracts are subject to the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015. Professional review can prevent unfair terms.

Section 75 of the Consumer Credit Act 1974 (CCA) is one of the most significant statutory protections available to consumers in England and Wales when paying for goods or services with a credit card. In contrast to ordinary disputes with traders, Section 75 allows you to hold your credit card provider jointly liable with the supplier when something goes wrong. This guide explains the legal framework, eligibility, how to make a claim, common pitfalls, and what to do if your claim is rejected.

What Is Section 75 of the Consumer Credit Act?

Section 75 is part of the Consumer Credit Act 1974, a law designed to protect consumers in their dealings with lenders and traders. Under Section 75, the credit card issuer (the creditor) is jointly and severally liable with the supplier (the retailer or trader) if something goes wrong with a purchase that you make using your credit card. You can therefore put a claim directly to your credit card provider rather than pursuing the trader alone.

This protection applies where there has been:

  • A breach of contract by the supplier; or
  • A misrepresentation about the goods or services supplied.
    You may be able to recover money from your credit card provider if goods never arrived, were faulty, significantly not as described, or a service was not provided as agreed.

When Does Section 75 Apply?

Purchase Value Threshold

Section 75 protection generally applies to purchases where the cash price of the goods or services is:

  • More than £100, and
  • No more than £30,000.
    This applies to the total value of a single item or service - not necessarily the amount you paid on the card. For example, if you pay only a small deposit on a larger item, you may still be covered for the full purchase price as long as it is within the limits.
Related:  Proving Faulty Goods Claims

Types of Contracts and Payments Covered

Section 75 applies when the credit card lender and the supplier are different legal entities and there is a direct credit agreement covering the purchase. It typically includes:

  • Purchases made in-store, online, by telephone, or mail order;
  • Purchases made abroad for delivery to the UK; and
  • Sales where only part of the price was charged to the credit card but the total value of the goods or services is in scope.

What Is Not Covered

Section 75 does not apply in some common scenarios:

  • Payments made by debit card, charge card or other non‑credit payment methods;
  • Cash withdrawals on a credit card;
  • Payments where the credit agreement is structured so there is no direct link between you, the creditor and the supplier - for example, some payments processed through third‑party gateways or online marketplaces such as PayPal or Amazon Marketplace may fall outside Section 75.

Examples of When Section 75 Might Apply

You may be covered under Section 75 if:

  • An online retailer fails to dispatch goods you have paid for and won't respond to requests for a refund;
  • A holiday operator cancels a holiday and does not offer an adequate refund;
  • A supplier misrepresents the nature or quality of goods or services; or
  • A supplier goes out of business before providing what you have paid for.

Step‑by‑Step: Making a Section 75 Claim

1. Contact the Supplier First

Before pursuing a claim under Section 75, attempt to resolve the issue with the supplier. Keep records of all correspondence in case you need them as evidence later.

2. Notify Your Credit Card Provider

Contact your credit card issuer and explicitly state that you wish to make a claim under Section 75 of the Consumer Credit Act 1974. Provide:

  • Transaction details (date, amount, supplier);
  • Evidence of the problem (photos, emails, delivery confirmations, contracts); and
  • Correspondence with the supplier.
Related:  Goods Not as Described? Your Consumer Rights Explained

3. Provider's Investigation

The card provider will review the information and decide whether your claim meets the Section 75 criteria. They may ask for further evidence.

4. Escalate If Unsuccessful

If the provider refuses your claim or does not respond within eight weeks, you can make a formal complaint to them. If this fails, you can escalate the matter to the Financial Ombudsman Service, an independent body that can investigate disputes between consumers and financial firms.

Time Limits and Practical Considerations

There is no fixed statutory deadline for a Section 75 claim, but claims are typically brought within the six‑year limitation period for contractual disputes, counted from the date of the breach or misrepresentation. Acting promptly and keeping organised documentation improves your chances of success.

Be aware that card issuers sometimes prefer to use the chargeback scheme first, particularly for more straightforward problems. Chargeback is a voluntary mechanism provided by card networks that can allow recovery for failed or unsatisfactory transactions, but it is not a legal right in the same way as Section 75.

Common Misconceptions About Section 75

You Must Exhaust All Supplier Remedies First

This is not strictly true. You can lodge a Section 75 claim at the same time as pursuing a refund or solution with the supplier. However, demonstrating that you have tried to resolve the issue may support your claim.

It Applies to All Card Payments

Section 75 applies only to credit agreements. Debit, prepaid or charge cards are generally outside this protection, although protections such as chargeback might still be available.

Every Claim Is Automatically Successful

Success is not guaranteed. Your claim must satisfy the statutory test for liability - that there was a breach of contract or misrepresentation by the supplier - and the card provider must accept that evidence.

Related:  Cancelling Online Contracts: A Guide to Consumer Rights

What Happens If Your Claim Is Rejected?

If your credit card provider rejects your Section 75 claim:

  • Ask for written reasons for the decision;
  • Submit a formal complaint to the provider; and
  • If unresolved after eight weeks, escalate to the Financial Ombudsman Service.
    The Ombudsman will independently assess the evidence and make a decision that can be binding on the provider.

Key Takeaways

Section 75 of the Consumer Credit Act 1974 gives consumers in England and Wales a powerful legal protection when using a credit card to buy goods or services. It allows you to hold your credit card provider jointly liable with a supplier for breaches of contract and misrepresentation for purchases between £100 and £30,000. To benefit from this, you must meet specific eligibility criteria and present evidence to your provider. If a claim is refused, you can escalate to the Financial Ombudsman Service.

By understanding how Section 75 works and your rights under it, you can make informed decisions when disputing problematic purchases and pursue refunds or compensation effectively.

James William Steven Parker
James William Steven Parker
James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.
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