Your rights when paying by credit card Consumer Credit Act 1974
Section 75 covers items costing over £100 and up to £30,000, if at least a proportion has been paid on your credit card
If you buy goods or services on your credit or debit card, you have extra protection if things go wrong compared with paying by cash or cheque.
Credit cards come with the greatest protection, as you can make a claim against your card provider under section 75 of the Consumer Credit Act. However, there is another card protection scheme, chargeback, which covers purchases made by both credit and debit card.
Consumer Credit Act (CCA) rights including section 75
Under section 75 of the Consumer Credit Act, the card company is 'jointly and severally liable' for any breach of contract or misrepresentation by the company. This means it is equally responsible along with the retailer or trader for the goods or service, and you can put your claim to the credit card company.
You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider. However, this right is particularly useful if the retailer or trader has gone bust or it doesn't respond to your letters or phone calls.
Section 75 applies to foreign transactions and also if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet.
When will Section 75 give you a claim against your card company
There are some limitations to when a card company is liable along with the retailer or trader. the item or service you have bought must have cost over £100 and not more than £30,000.
However, you don't have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.
It is the value of the goods you are buying that is key, not the amount paid on the card. For example, if you bought a car from a small local dealer and paid a £500 deposit with your credit card and the balance of £4,000 by cheque, you would be covered for the whole £4,500.
Section 75 applies only to credit cards and not to debit cards or charge cards (where all charges must be settled at the end of the month). It's possible that you may be able to use 'chargeback' instead to get some or all of your money back - for more information see the Which? guide to chargeback.
