Section 75 (CCA 1974) vs Chargeback

When a purchase goes wrong, two separate remedies may let you recover money from your card provider rather than chasing the merchant directly. Section 75 is a statutory right giving you a legal claim against your credit card company. Chargeback is a card-scheme rule that can reverse a payment. Understanding the difference helps you choose the right route — and in some cases you can use both.

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Feature	Section 75 (CCA 1974)	Chargeback
Legal basis	Statutory right under Section 75 of the Consumer Credit Act 1974 — the creditor is jointly and severally liable with the supplier	Card-scheme rules (Visa, Mastercard, Amex, etc.) — a contractual mechanism, not a statutory right
Who is liable	Your credit card provider is jointly liable with the retailer — you can claim the full amount from the card provider alone	No joint liability — the card scheme reverses the transaction; the merchant's bank ultimately bears the cost
Minimum and maximum cash price	Item must cost more than £100 and no more than £30,000 (the cash price of the individual item, not the total transaction)	No minimum or maximum — can be used for any amount including purchases under £100
Card types covered	Credit cards only (and some store cards linked to credit agreements) — does NOT apply to debit cards, charge cards, or prepaid cards	Debit cards, credit cards, charge cards, and many prepaid cards — any card linked to a payment scheme
Time limit to claim	Follows the underlying contract law limitation period — typically 6 years from the breach (England/Wales), so no strict short deadline	Typically 120 days from the date you became aware of the problem (Visa and Mastercard); total limit usually 540 days from original transaction; Amex varies
What you can claim	The full loss flowing from the breach or misrepresentation — not limited to the card payment amount; consequential losses may be included	Usually limited to the transaction amount — consequential losses not recoverable
Claim process	Contact your credit card provider in writing citing Section 75 CCA 1974; the provider must investigate and respond; escalate to the Financial Ombudsman if refused	Contact your bank or card issuer and request a chargeback; provide evidence; the bank raises a dispute with the merchant's bank through the card scheme
Scheme rules (Visa / Mastercard / Amex)	Scheme rules do not affect Section 75 — it is a statutory right, and the card provider cannot rely on scheme rules to deny a valid s.75 claim	Each scheme has its own chargeback reason codes and time limits; Visa and Mastercard broadly similar (120-day awareness window); Amex operates its own dispute process with different timeframes
Partial payment with the card	Yes — paying even £1 of an item costing £100–£30,000 by credit card can give you full s.75 protection for the whole price	Limited to the amount actually paid on that card — no protection for the portion paid by other means
Success rate	High for clear-cut cases (company ceased trading, item not delivered, misrepresentation); card providers are legally obliged to compensate valid claims	Variable — depends on evidence provided and reason code; merchants can contest chargebacks and win; no guarantee of success
When to use which	Prefer Section 75 when the item cost between £100 and £30,000 and you paid (even partly) by credit card — stronger legal footing and broader remedies	Use chargeback when you paid by debit card, the amount is under £100, the item cost over £30,000, or the merchant is overseas and the card scheme's international network is useful
Can both be used together	Yes — you can attempt chargeback first and pursue s.75 if chargeback fails or is unavailable; using one does not waive the other	Yes — attempting chargeback first is often faster; if unsuccessful, escalate to s.75 if credit card criteria are met

Section 75 applies to credit cards only. Debit card purchases are covered only by chargeback. If a company has gone into administration, Section 75 is often the more reliable route — the card provider cannot argue the merchant is insolvent as a defence. If your card provider refuses a valid Section 75 claim, complain to the Financial Ombudsman Service free of charge.

Which route should you use first?

Start with what you paid with. Section 75 is a statutory right and applies only to credit cards, making the card provider jointly liable with the retailer for breach of contract or misrepresentation, within the cash price limits set by the Act. Chargeback is not a legal right at all — it is a rule of the card scheme — but it covers debit cards, prepaid cards and credit cards alike, and it is not limited by the same price thresholds.

Paid by credit card and the price falls within the statutory limits? Use Section 75. It is the stronger claim because it does not depend on scheme rules or goodwill.
Paid by debit card, or the purchase falls outside those limits? Chargeback is your route, and its deadlines are much shorter.
Retailer gone into administration? Section 75 is particularly valuable, because the card provider cannot rely on the merchant's insolvency as a defence.

The most common wrong move is contacting the card provider and asking for a chargeback when a Section 75 claim would be stronger. Providers sometimes process the simpler route by default. Say explicitly which remedy you are claiming, and why, in writing.

The second is waiting. Chargeback time limits run from the transaction or the expected delivery date and are measured in days, not years, so raise it as soon as the problem is clear. If a valid Section 75 claim is refused, take the complaint to the Financial Ombudsman Service, which is free to use.

Frequently asked questions

Can I use both routes for the same purchase?

You can raise both, but you will only be reimbursed once for the same loss. Many people start a chargeback because it is faster, then pursue Section 75 in parallel or afterwards if the retailer defends it. Keep the card provider informed about both so they are not processed as duplicate refunds. If the chargeback succeeds and covers everything, the statutory claim falls away; if it recovers only part, Section 75 can address the balance.

Does it matter that I only paid the deposit on the card?

For Section 75 it usually helps you. Provided the cash price of the item falls within the statutory limits, paying any part of it on a credit card can bring the whole transaction within the protection, so a deposit paid by card on a much larger purchase can be enough. This is one of the most valuable and least understood features of the provision, and it is a good reason to put at least part of any significant purchase on a credit card.

What if my card provider refuses the claim?

Ask for the refusal and its reasons in writing, then use the provider's formal complaints process to get a final response. If that does not resolve it, refer the complaint to the Financial Ombudsman Service, which is free, needs no solicitor, and regularly decides Section 75 disputes. Refer within the scheme's time limit from the final response. Send a clear timeline, the order paperwork, the statement showing the payment, and your correspondence with the retailer.

Does paying through a third-party payment service affect my rights?

It can. Where a payment platform sits between you and the retailer, the direct link between card provider, buyer and supplier that Section 75 requires may be broken, which has historically weakened claims. Chargeback is often still available, and many payment services run their own buyer protection schemes with their own deadlines. Check the platform's process alongside your card provider's, and raise both rather than assuming one covers you.

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Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.