Gwneud Hawliad Adran 75 â Cherdyn Credyd
Sut i ddefnyddio'ch hawl statudol o dan adran 75 Deddf Credyd Defnyddwyr 1974.
Trosolwg
Section 75 of the Consumer Credit Act 1974 makes a credit card provider jointly and severally liable with a trader for any breach of contract or misrepresentation in a transaction where the cash price of the item or service is more than £100 and no more than £30,000. This means you can claim against your credit card provider as if it were the trader itself — even if the trader has gone bust, is based abroad, or is simply refusing to refund you. The right applies to the credit card provider, not to debit cards or charge cards. The six-year limitation period under the Limitation Act 1980 applies to s.75 claims, giving you significantly more time than a chargeback.
Proses gam wrth gam
Check Whether Section 75 Applies
Before raising a s.75 claim, confirm: (1) the purchase was made wholly or partly on a credit card (not debit card); (2) the cash price of the single item or service was more than £100 and no more than £30,000; (3) there is a breach of contract by the trader (e.g., goods not delivered, not as described, event cancelled) or a misrepresentation; and (4) you paid at least part of the purchase price on the credit card (you do not need to have paid the full amount on the card).
- The £100–£30,000 limit refers to the price of the individual item, not the total order value
- If you paid a deposit by credit card and the balance by another method, s.75 still applies to the full purchase price
- Section 75 does not apply to debit card transactions — use the chargeback process for those
- Transactions made through third-party payment processors (e.g., PayPal where PayPal debits a credit card) may not be covered — credit card providers sometimes dispute this but the FCA's position is that s.75 should apply
Contact the Trader First
Before raising a s.75 claim, try to resolve the matter directly with the trader. Write to the trader (email is sufficient) setting out your complaint, the breach of contract or misrepresentation, and what remedy you require (refund, repair, or replacement). Keep copies of all correspondence. If the trader is unresponsive, has gone into administration, or is refusing your reasonable request, you can proceed to a s.75 claim without further delay.
- A letter or email to the trader serves as evidence that you attempted to resolve the dispute — your card provider may ask for this
- Give the trader a reasonable deadline (7–14 days for most complaints)
- If the trader is in administration or has ceased trading, you can go straight to the card provider
Raise a Section 75 Claim With Your Card Provider
Contact your credit card provider in writing (email or letter) and state clearly that you are raising a claim under section 75 of the Consumer Credit Act 1974. Describe the transaction (date, amount, what was purchased), the trader's breach or misrepresentation, and the remedy you are seeking. Attach any supporting evidence — receipts, order confirmations, correspondence with the trader, photographs, and any expert evidence of defects.
- Use the words 'section 75 claim' explicitly — some providers conflate s.75 with chargeback, which has different rules and time limits
- The card provider is liable for the trader's breach as if it were the trader — so you can claim the full loss, not just the amount paid on the card
- Document every contact with the card provider in writing — keep email records
- If the card provider initially offers a chargeback instead of s.75, insist on the statutory claim if the goods cost more than £100
Await the Card Provider's Investigation
Under the FCA's rules, financial firms must respond to a complaint within 8 weeks. The card provider will investigate your claim and may contact you for further information or documents. They may also contact the trader. Some providers resolve straightforward s.75 claims within days; complex ones can take the full 8 weeks.
- If you have not received a final response within 8 weeks, you can refer the matter to the Financial Ombudsman Service
- Keep records of all reference numbers and correspondence dates
- If the provider upholds the claim, the credit will usually be applied to your card account
- Do not accept a partial settlement if you believe you are entitled to more — you can reject it and escalate
Escalate to the Financial Ombudsman Service if Rejected
If your card provider rejects or partially upholds your s.75 claim and you disagree with their decision, or if they fail to respond within 8 weeks, you can refer your complaint to the Financial Ombudsman Service (FOS) for free. The FOS can award up to £430,000 and its decisions are binding on the firm if you accept them. Alternatively, you can issue a county court claim — but most s.75 disputes are resolved by the FOS without the need for court proceedings.
- You must wait for the card provider's final response letter (or 8 weeks to pass) before going to the FOS
- The FOS is free and you do not need a solicitor
- You have 6 months from the date of the final response letter to refer to the FOS
- For claims over the FOS's award limit (very rare for s.75 claims), county court proceedings remain an option
Costau
Rhybuddion pwysig
Do not confuse section 75 with chargeback. Chargeback is a card scheme rule (not a statutory right), applies to debit cards, and typically has a 120-day time limit. Section 75 is a statutory right under the Consumer Credit Act 1974 with a 6-year limitation period.
Some card providers incorrectly refuse s.75 claims on the basis that the item cost more than £30,000 or that a third-party payment processor was used. Challenge incorrect refusals at the FOS.
Accepting a partial refund from the trader does not prevent you from claiming the balance from the card provider under s.75 — but document everything carefully.