Section 75 Consumer Credit Act claim

Letter to a credit card issuer making a Section 75 Consumer Credit Act 1974 claim for breach of contract or misrepresentation by the seller. Cover for transactions £100-£30,000.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.

Section 75 is one of the most powerful consumer protections. Use it when: retailer becomes insolvent; goods/services materially different from description; goods not delivered; faulty goods refund refused. Card issuer cannot insist you chase the retailer first. If refused, FOS can review with no consumer fee. £100-£30,000 covers single-item transactions; cheaper items get nothing under s.75.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • Section 75 Consumer Credit Act 1974 (joint and several liability): confirmed currently in force. The card issuer is jointly and severally liable with the supplier for any claim the debtor has against the supplier in respect of a breach of contract or misrepresentation. Correctly stated.
  • £100 minimum / £30,000 maximum transaction value: confirmed under s.75(3)(b) CCA 1974. The threshold applies to the individual item price, not the total transaction. Correctly stated in the letter.
  • Card issuer cannot require claimant to pursue supplier first: confirmed — the liability under s.75 is direct (not secondary), confirmed in Office of Fair Trading v Lloyds TSB [2007] UKHL 48. Correctly stated.
  • FOS escalation: confirmed — the FOS can adjudicate Section 75 disputes; 6-month referral limit from final response applies (DISP 2.8.2R).

Reviewer focus areas: (1) Confirm whether there is any current Government proposal to amend or replace Section 75 CCA 1974 in the context of credit regulation reform. (2) Verify whether "single-item transaction" is the correct characterisation of the s.75(3)(b) threshold or whether the phrase should be "individual transaction" — the courts have interpreted this with some nuance. (3) Confirm that the £30,000 upper limit has not been modified by statutory instrument since the original CCA 1974 provisions. (4) Note that s.75 does not apply to American Express (charge card, not credit card) or Visa/Mastercard debit cards — reviewer should consider whether a warning is needed in the notes.

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

Your details

For example: "Goods not delivered", "Goods faulty", "Service not provided as described", "Retailer in liquidation"

For example: "Full refund of £550 plus £80 delivery costs"

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.