Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
In short
Under Section 75 of the Consumer Credit Act 1974, your credit card provider is jointly liable with the seller if a purchase between £100 and £30,000 wasn’t supplied, was faulty, or wasn’t as described. You can claim the money back from the provider directly. A clear written claim sets out the transaction, what went wrong and the loss you want refunded. eLitigant’s Chris drafts this for you — you check, sign and send.
What a Section 75 claim is
Section 75 of the Consumer Credit Act 1974 gives credit card holders in England and Wales a powerful protection. When you buy something on a credit card, the law treats your card provider as jointly and severally liable with the seller for any misrepresentation or breach of contract. In the words of the Act, where you have “any claim against the supplier in respect of a misrepresentation or breach of contract”, you have “a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable” (s.75(1)).
In plain terms: if the goods or service you paid for never arrived, turned up faulty, weren’t as described, or the seller has gone out of business, you can ask your card provider to put it right — even though you never had a contract with the bank for the goods themselves. You do not have to chase the seller to a standstill first; you can claim against the provider directly.
A Section 75 claim is normally made in writing. eLitigant drafts that letter as a clear, professionally structured document. We are not a law firm and we do not give legal advice — we give you information and a professional or business-ready document. You check it, sign it and send it.
When and why you can use it
Section 75 applies when all of the following are true:
- You paid on a credit card. It covers credit cards and most store cards. It does not cover debit cards (those use the separate “chargeback” scheme), and the position on some charge cards differs.
- The cash price of a single item is more than £100 and not more than £30,000 (s.75(3)). It is the price of the item that counts — not how much you put on the card. So if you paid only a deposit on the card for a £2,000 sofa, the full claim is still protected.
- There is a direct “debtor-creditor-supplier” link. You (debtor), your card provider (creditor) and the seller (supplier) must be in a direct chain. Paying through certain third-party intermediaries — for example a PayPal balance, some “buy now, pay later” arrangements, or certain online marketplaces — can break that chain and remove the protection.
Typical situations include a holiday or event cancelled by a company that then folds, furniture or a kitchen that never arrives, an item that is materially not as described, or building work paid for that was never done. Because the claim is for breach of contract or misrepresentation, you can also seek consequential losses that flow directly from the problem, not only the purchase price itself.
You generally have around six years from the breach to bring a Section 75 claim in England and Wales (the standard contract limitation period under the Limitation Act 1980), so you usually do not need to rush — but earlier is always easier to evidence.
What to put in the letter
A strong Section 75 claim is specific and evidenced. Include:
- Your details and account: name, address, and your credit card account number (or last four digits as the provider asks).
- The transaction: the seller’s name, the date, the amount, and what you bought.
- What went wrong: non-delivery, fault, misrepresentation, or the seller ceasing to trade — set out clearly and factually.
- The legal basis: a short statement that you are claiming under Section 75 of the Consumer Credit Act 1974 because the card provider is jointly liable for the seller’s breach of contract or misrepresentation.
- The remedy you want: the refund figure, plus any directly linked losses, and a reasonable deadline to respond.
- Evidence: attach copies (never originals) of the order, receipts, the card statement, and any correspondence with the seller.
If the provider rejects the claim or has not resolved it within eight weeks, you can ask for a “letter of deadlock” and refer the complaint free of charge to the Financial Ombudsman Service. You normally have six months from the provider’s final response to do so.
Common mistakes and pitfalls
- Confusing Section 75 with chargeback. Chargeback is a card-scheme process (often used for debit cards, with a roughly 120-day window). Section 75 is a statutory right, only for credit, with a much longer window and joint liability.
- Assuming the £100 means the amount you paid on the card. It is the item’s cash price that must exceed £100 — a small deposit still triggers full protection.
- Paying through an intermediary. Routing payment via a third party can break the debtor-creditor-supplier chain and lose the protection. Check how you actually paid.
- Vague claims. “I’m unhappy” is weak. State the breach, the loss, and the figure precisely.
- Business spending. Section 75 is generally for consumer credit agreements; commercial cards and business purchases may fall outside it.
FAQ
Do I have to claim from the seller first? No. Because liability is joint and several, you can claim directly from your card provider. You simply cannot recover the same loss twice from both.
What if I only paid a deposit by card? You are still covered, provided the item’s cash price is over £100 and up to £30,000. It is the value of what you bought that matters, not how much went on the card.
What if the provider says no? Ask for its final response or a deadlock letter, then refer the matter to the Financial Ombudsman Service, free of charge, usually within six months. The Ombudsman can direct the provider to refund or compensate you if it acted unfairly.
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See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
Ms Eleanor Hartley
14 Maple Court
Bristol BS3 9QT
eleanor.hartley@example.co.uk
The Section 75 Claims Team
Northgate Card Services Ltd
PO Box 4471
Leeds LS1 2HA
19 June 2026
Claim under Section 75 of the Consumer Credit Act 1974
Credit card account ending 7042 — transaction with Riverside Garden Studios Ltd
Dear Sir or Madam,
I am writing to make a formal claim under Section 75 of the Consumer Credit Act 1974 in respect of a purchase made using my credit card account ending 7042.
On 3 February 2026 I entered into a contract with Riverside Garden Studios Ltd to design, supply and install a garden office at my property, at a total cash price of £6,400. I paid a deposit of £1,500 to the supplier on my credit card on the same date; the balance was payable on completion.
The supplier was due to complete installation by 30 April 2026. No work has been carried out. On 12 May 2026 the company ceased trading and is no longer contactable. I have received neither the goods and services I contracted for nor any refund of my deposit.
As you will be aware, under Section 75 of the Consumer Credit Act 1974 the creditor is jointly and severally liable with the supplier for the supplier’s breach of contract where the cash price of the item is more than £100 and does not exceed £30,000. The cash price here was £6,400 and is within those limits, and I paid part of the price on this credit card. I therefore have a like claim against you as I would against the supplier.
The supplier is in breach of contract for total non-performance. I am accordingly seeking a refund of the £1,500 I paid, together with the £250 I reasonably and necessarily spent on a structural survey of the prepared base, which was rendered worthless by the non-delivery — a loss flowing directly from the breach. My total claim is therefore £1,750.
I enclose copies of my order confirmation, the supplier’s contract, my card statement showing the deposit payment, the survey invoice, and my correspondence with the supplier. I have kept the originals.
I should be grateful for your written response within 14 days, and in any event within the eight weeks after which I understand I may refer this matter to the Financial Ombudsman Service. Please confirm how you intend to refund the sum claimed.
Yours faithfully,
Eleanor Hartley
Enclosures: order confirmation; signed contract; credit card statement (3 Feb 2026); survey invoice; correspondence with supplier.
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