You Paid for Goods That Were Never Delivered
If you have paid for goods that were never delivered and the seller refuses to refund you, you have several legal remedies depending on how you paid. These include a credit card s.75 claim, a chargeback through your bank, and a small claims court action.
Quick Answer
The seller is in breach of contract under the Consumer Rights Act 2015. If you paid by credit card and the purchase was between £100 and £30,000, you have a claim against your card provider under Consumer Credit Act 1974 s.75. For debit card payments, request a chargeback through your bank. If neither applies, issue a claim in the small claims court.
Full Explanation
When you pay for goods and they are not delivered within the agreed timeframe, the seller is in breach of contract. Under the Consumer Rights Act 2015 ss.28-29, a trader has an obligation to deliver goods within the agreed period; if no period is agreed, delivery must occur within 30 days of the contract. If the seller fails to deliver and refuses to refund, you have a contractual right to treat the contract as terminated and claim a full refund.
Where you paid by credit card and the purchase price was between £100 and £30,000 (with no upper limit on the total transaction, only the credit card portion must be at least £1), Consumer Credit Act 1974 s.75 gives you an equally and concurrently enforceable claim against your credit card provider as against the seller. This means you can go directly to your card issuer for a refund. The card issuer cannot refuse simply because they did not sell you the goods — they share the seller's liability.
For debit card payments, Visa, Mastercard, and American Express operate voluntary chargeback schemes. Although not a statutory right, chargebacks are a contractual right under the bank's scheme rules and are widely honoured. You must request a chargeback within 120 days of the original transaction (Visa) or within 120 days of the expected delivery date. Contact your bank's disputes team promptly.
If both s.75 and chargeback fail or are unavailable, you can issue a claim in the County Court's small claims track (for amounts up to £10,000 in England and Wales). The process is designed for litigants in person and involves standard claim forms (N1). Judgment in your favour can be enforced by various means if the seller still does not pay.
Where the seller appears to have disappeared (an advance-fee fraud or scam), you should also report the matter to Action Fraud (the national fraud and cybercrime reporting centre) and to the National Cyber Security Centre. Reporting does not guarantee a refund but aids law enforcement.
Legal Basis
- §Consumer Rights Act 2015 ss.28-29 — trader's duty to deliver goods within agreed or 30-day period
- §Consumer Credit Act 1974 s.75 — equal liability of credit card issuer
- §Sale of Goods Act 1979 s.27 — seller's duty to deliver goods (where applicable)
What To Do
Contact the Seller Formally and Demand Delivery or a Refund
Write to the seller (email with delivery receipt or recorded post) stating that they are in breach of contract and demanding either immediate delivery by a specified date or a full refund within 14 days. State that you will pursue all available legal remedies if they do not comply. Keep a copy of all correspondence.
Raise a Section 75 Claim With Your Credit Card Provider
If you paid by credit card and the purchase was between £100 and £30,000, contact your credit card provider's disputes or claims team and explain that the seller is in breach of contract. Provide evidence of the purchase, the expected delivery date, and your attempts to contact the seller. The credit card provider shares joint liability under CCA 1974 s.75.
Request a Chargeback From Your Bank If You Paid by Debit Card
If you paid by debit card, contact your bank's disputes team and request a chargeback. Provide evidence of the transaction, the expected delivery date, and your failed attempts to obtain delivery or a refund. Raise the chargeback as soon as possible — Visa's scheme requires this within 120 days of the original transaction.
Issue a Claim in the Small Claims Court
If s.75, chargeback, and direct approaches fail, issue a County Court claim online via the MCOL (Money Claim Online) service or by filing Form N1 at your local County Court. For amounts up to £10,000, the claim will be allocated to the small claims track, where legal costs are not recoverable even if you win. Judgment can be enforced by attachment of earnings, charging order, or bailiff if the seller does not pay voluntarily.
Report to Action Fraud If You Suspect a Scam
If you believe the seller was fraudulent (for example, a fake website or advance-fee fraud), report the matter to Action Fraud at actionfraud.police.uk or by calling 0300 123 2040. Provide all details of the transaction, the seller's website, and your communications.
Important Deadlines
Important Warnings
Section 75 claims require that the credit card was used for the purchase and that the purchase price was between £100 and £30,000 — the full price, not just the amount paid on the card. There is no s.75 right for purchases made via PayPal or similar payment intermediaries.
Chargeback is a voluntary scheme and banks can exercise discretion — it is not a statutory right. However, banks that participate in Visa and Mastercard schemes are contractually required to process valid chargebacks.
Small claims court judgments are only as good as the losing party's ability to pay — if the seller is insolvent or has absconded, enforcement may be difficult.