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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FeatureSection 75 (CCA 1974)Chargeback
Legal basisStatutory right under Section 75 of the Consumer Credit Act 1974 — the creditor is jointly and severally liable with the supplierCard-scheme rules (Visa, Mastercard, Amex, etc.) — a contractual mechanism, not a statutory right
Who is liableYour credit card provider is jointly liable with the retailer — you can claim the full amount from the card provider aloneNo joint liability — the card scheme reverses the transaction; the merchant's bank ultimately bears the cost
Minimum and maximum cash priceItem 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 coveredCredit cards only (and some store cards linked to credit agreements) — does NOT apply to debit cards, charge cards, or prepaid cardsDebit cards, credit cards, charge cards, and many prepaid cards — any card linked to a payment scheme
Time limit to claimFollows the underlying contract law limitation period — typically 6 years from the breach (England/Wales), so no strict short deadlineTypically 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 claimThe full loss flowing from the breach or misrepresentation — not limited to the card payment amount; consequential losses may be includedUsually limited to the transaction amount — consequential losses not recoverable
Claim processContact your credit card provider in writing citing Section 75 CCA 1974; the provider must investigate and respond; escalate to the Financial Ombudsman if refusedContact 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 claimEach 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 cardYes — paying even £1 of an item costing £100–£30,000 by credit card can give you full s.75 protection for the whole priceLimited to the amount actually paid on that card — no protection for the portion paid by other means
Success rateHigh for clear-cut cases (company ceased trading, item not delivered, misrepresentation); card providers are legally obliged to compensate valid claimsVariable — depends on evidence provided and reason code; merchants can contest chargebacks and win; no guarantee of success
When to use whichPrefer Section 75 when the item cost between £100 and £30,000 and you paid (even partly) by credit card — stronger legal footing and broader remediesUse 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 togetherYes — you can attempt chargeback first and pursue s.75 if chargeback fails or is unavailable; using one does not waive the otherYes — 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.

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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.