10 facts about s75 and chargeback on credit cardsAs Which? unveils poor practice, know your rights
23 January 2011
As Which? today reveals that credit card companies are regularly giving consumers false or misleading information when they call to make a credit card claim enquiry, we give you ten top facts about your credit card rights.
- Under Section 75 of the Consumer Credit Act, the card company is ‘jointly and severally liable’ for any breach of contract or misrepresentation by a company you've purchased something from. You don’t have to reach stalemate with (or take legal action against) the retailer before you claim against your card company.
- S75 applies to items costing more than £100 and up to £30,000. It also covers reasonable costs you have as a result of the trader’s breach of contract.
- S75 is particularly useful if the retailer or trader has gone bust or doesn’t respond to your letters or phone calls.
- Items that you bought online or while overseas are also covered under s75.
- S75 doesn’t apply to purchases made using a credit card cheque or if you withdraw cash on your credit card to pay for an item or service.
- S75 covers the whole purchase, even if you paid only part of the cost on the card and the rest by other means.
- There is no time limit to putting in a s75 claim. However, if you're unhappy with the card company's response or the outcome of a complaint to the Financial Ombudsman Service, you have a total of six years to pursue the matter in court.
- If the credit card company does not help, you can take your complaint to the Financial Ombudsman Service free of charge.
- Chargeback is a useful industry-backed system for when s75 doesn’t apply. This could be, for example, where you’ve paid by debit card or bought goods for less than £100.
- There is a short time limit on chargeback claims. Visa, for example, sets a 120-day time limit which starts from the day that you are aware of a problem.
Take action to get the most from your credit card
People who want to make a claim against their credit card provider can find sample letters in our free guide .
For more details on our credit card claims investigation, read our news story Which? exposes poor credit card claims advice.
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