When can I claim under Section 75?
Are you faced with a trader refusing to repair poor quality work, or complete an unfinished job? If you paid by credit card, you can make a claim to your credit card provider to get your money back under Section 75 of the Consumer Credit Act.
You’re protected under Section 75 if:
- You part-paid, or paid for the work in full using a credit card
- The work cost over £100 and under £30,000
- You didn’t use your credit card through a third-party payment service, such as PayPal
How do I make a claim under Section 75?
1. Contact your credit card provider
Tell your card provider you’d like to make a claim under Section 75 - you can write to them using our letter template.
They’ll explain what you’ll need to do, which will involve giving them details about the work carried out and submitting evidence to support your claim.
2. Collect evidence to support your Section 75 claim
Collect quotes, invoices, receipts, plus any emails and letters between you and the trader that are relevant to your claim.
Photos and video can also help you clearly show that the quality of work is not up to standard.
3. Get an independent expert’s opinion
Credit card providers often ask that an independent expert reviews the work and report on its quality compared to industry standards.
How to find an independent expert or surveyor
Check with your credit provider to find out what their requirements are. Another trader or company skilled in the same work who didn’t carry out your original work could be enough. You can use Which? Trusted Traders to help you find a reputable trader.
In some cases, credit card providers may ask for a report from an industry accredited specialist or surveyor.
These experts may be more difficult to track down and contact, but a good place to start is getting in touch with the relevant trade association that covers the kind of work you’ve had carried out.
You also might have to pay for a specialist to carry out a survey or write a report. This can be expensive, depending on the scale of the work.
Your credit provider will reimburse you the cost of this kind of survey only if they find the work is faulty.
What to do if your credit card provider rejects your Section 75 claim
If your credit provider refuses to help, but you think you have a valid claim, you can make a complaint about how they’re handling your claim to the Financial Ombudsman Service (FOS).
The financial ombudsman will consider the evidence and make a recommendation on whether the credit card company should pay back your money.
It’s worth noting that it can take several months for the financial ombudsman to look into your claim.
Taking your case to the small claims court
If you’re not able to make a claim under Section 75, or your claim is rejected by your credit provider and the Financial Ombudsman Service, you could take your case to the small claims court.
If you take your case to court, you’ll be claiming directly against the trader.
There are risks involved. If you lose, you won’t get your court fees back and will have to pay for some of the trader's court expenses, such as admin and travel costs.
You can use our small claims calculator to weigh up the costs and benefits.