The Consumer Lawyer

Section 75 – Your questions answered

Selective focus credit card payment with close up shot.

If you listen to me on LBC Radio on a Friday night, or regularly read this newsletter, you will know I am always advocating that you should use your credit card to pay for goods and services if the cost is more than £100 and less than £30,000. This is because by doing so, you will receive the protection of Section 75 of the Consumer Credit Act, meaning you will be able to claim your money back from your card provider if something goes wrong and the trader fails to help/resolve the issue.

Over the past few months, you’ve been asking me some key questions about Section 75 claims – here are the answers:

Is there a time limit to claim?

No, you can claim at any time. The confusion here is that there is a 120-day time limit for Chargeback claims.

Can my card provider put my Section 75 claim through as a Chargeback claim?

Yes, with credit card purchases you can use Chargeback or Section 75 and, if you are still within 120 days of purchase, the card provider will often proceed with a Chargeback claim.

Do I need to complain to the trader first?

Yes, and you will need to prove to your card provider that you have done this and given the trader a reasonable period of time to respond.

What should I do if my claim is rejected?

Go back to your card provider and ask it to reconsider.  If this fails, ask for a deadlock letter and then file a claim with the Financial Ombudsman Service, complaining about your card provider’s rejection of your claim.

Have a
Consumer Rights Query?

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