Does Section 75 apply to debit cards?

No. Section 75 only applies to credit cards. For debit card purchases, the chargeback scheme operated by the card network may provide an alternative route for recovery, though it is a voluntary scheme rather than a statutory right under UK consumer law.

What if I only paid part of the purchase by credit card?

Section 75 still applies if the cash price of the item is between GBP 100 and GBP 30,000, even if only a small amount was paid by credit card. You can claim the full amount, not just the portion paid by card.

Can I claim if the supplier has gone bust?

Yes. This is one of the key advantages of Section 75. Because the credit card company is jointly liable, you can make your claim against them even if the supplier has ceased trading or entered insolvency. British consumers frequently rely on this protection when UK companies go into administration.

Does Section 75 cover overseas purchases?

Yes. Section 75 can apply to purchases from overseas suppliers made with a UK-issued credit card. The British FCA has confirmed this position, though the UK credit card company may dispute it in some cases.

How long does the claims process take?

The credit card company has eight weeks to issue a final response. If they reject your claim or fail to respond, you can escalate to the Financial Ombudsman Service, which typically takes several months to resolve a case.

Can I escalate to the Financial Ombudsman?

Yes. If your credit card provider rejects your claim or does not respond within eight weeks, you can refer the matter to the Financial Ombudsman Service. The FOS can order the provider to pay compensation.

Does Section 75 apply to PayPal purchases?

The position is complex. If you paid the supplier directly via credit card through PayPal, Section 75 may apply. If PayPal acts as an intermediary breaking the debtor-creditor-supplier chain, the protection may not apply. The FOS has found in favour of consumers in some cases.

Can I claim more than I paid?

You can claim for consequential losses arising from the breach of contract, such as additional costs incurred. However, the claim must be reasonable and directly connected to the supplier’s breach or misrepresentation. England and Wales courts apply standard contractual remoteness principles when assessing the scope of recoverable loss.

Consumer RightsUnited Kingdom

Free Section 75 Claim Template

A Section 75 claim holds your credit card provider jointly liable with the supplier when goods or services are faulty, not delivered or misrepresented. Use our free UK template to make a claim under the Consumer Credit Act 1974.

Create Your Section 75 Credit Card Claim

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David Clarke

45 Victoria Road, Leeds LS1 5AB

07700 900445

david.clarke@email.co.uk

9 March 2026

Barclays Bank UK PLC

Section 75 Claims Department, 1 Churchill Place, London E14 5HP
Provider ref: S75/2026/BK-99812 · Account: 4929-XXXX-XXXX-4827

RE: SECTION 75 CLAIM — £650.00

Card: ****4827 · 14-day response

Dear Sir or Madam,

I write to make a formal claim against you under section 75 of the Consumer Credit Act 1974 in respect of a purchase made using a regulated credit-card facility issued by you. You are, as creditor, jointly and severally liable with the supplier for any claim I have against the supplier in respect of misrepresentation or breach of contract. This letter sets out the particulars of that claim and the remedy I require.

PURCHASE AND TRANSACTION DETAILS

Supplier: HolidayJet Ltd (Unit 4, Airside House, Gatwick RH6 0PA (now in administration))
Goods / services: Return flights London Gatwick — Malaga (14 June 2026), Booking Ref HJ-998234
Date of purchase: 15 January 2026
Amount charged to credit card: £650.00
Transaction reference: HJ-998234 / Visa auth 113-4472
Card ending: ****4827 · Account: 4929-XXXX-XXXX-4827

QUALIFYING DEBTOR-CREDITOR-SUPPLIER AGREEMENT

The purchase was made under a regulated credit-card facility issued by you, which constitutes a debtor-creditor-supplier agreement within the meaning of section 12(b) of the Consumer Credit Act 1974. The cash price of the single item in respect of which the credit was advanced is £650.00, which falls within the qualifying range in section 75(3)(b) of the Consumer Credit Act 1974 (more than £100 and not more than £30,000). I was the debtor, you were the creditor and HolidayJet Ltd was the supplier at all material times. The House of Lords in Office of Fair Trading v Lloyds TSB Bank plc [2007] UKHL 48 confirmed that section 75 liability is engaged even where the transaction is made abroad, and even where there is an intermediate merchant acquirer in the payment chain.

BREACH OF CONTRACT OR MISREPRESENTATION

I have a claim against HolidayJet Ltd because the supplier has entered insolvency and/or ceased trading, such that performance of the contract has become impossible and any direct remedy against the supplier is ineffective — making section 75 joint liability the proper and primary route of recovery. The factual circumstances are as follows:

HolidayJet Ltd ceased trading on 20 February 2026 and was placed into administration. All scheduled flights were cancelled. I have received no alternative arrangements, no refund and no communication from the administrator regarding the prospect of any recovery as an unsecured creditor. The cash price of the tickets (£650) was paid in full by a single charge to my Barclays credit card on 15 January 2026.

JOINT AND SEVERAL LIABILITY — SECTION 75

Section 75(1) of the Consumer Credit Act 1974 provides that if the debtor has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable. You therefore owe me the same liability as HolidayJet Ltd. I am entitled to pursue that claim against you directly, and I am not required first to exhaust remedies against the supplier — particularly where, on the facts set out above, such pursuit would be futile.

STEPS TAKEN WITH THE SUPPLIER

I emailed HolidayJet Ltd on 25 February 2026 and telephoned on 26 February 2026. The customer-service line now plays an administrator notice directing creditors to RSM UK Restructuring Advisory LLP. As an unsecured creditor in an administration, I have no realistic prospect of recovery from the supplier.

REMEDY REQUIRED

I formally require you to provide a full refund of the sum claimed, together with any transaction-specific charges debited by you in connection with the purchase, being £650.00, refunded to my credit-card account.

COMPLAINT HANDLING, CONSUMER DUTY AND RESPONSE DEADLINE

Please treat this letter as a formal complaint for the purposes of DISP 1 of the FCA Handbook. As an FCA-authorised firm you are bound by the Consumer Duty (Principle 12 and PRIN 2A) to act to deliver good outcomes for me as a retail customer. I require your substantive written response within 14 days of the date of this letter, and in any event within the statutory 8-week final-response period under DISP 1.6. If you reject my claim in whole or in part, please provide a reasoned final-response letter identifying: (a) the facts not in dispute; (b) the facts in dispute and your position on each; (c) the legal basis for your decision; and (d) my right to refer the complaint to the Financial Ombudsman Service.

ESCALATION AND RESERVATION OF RIGHTS

If this matter is not resolved to my satisfaction, I reserve my rights to:
— refer the complaint to the Financial Ombudsman Service within 6 months of your final response, pursuant to DISP 2 and the Financial Services and Markets Act 2000 Part XVI;
— issue proceedings in the County Court under the Consumer Rights Act 2015 and Consumer Credit Act 1974 for the sum claimed, together with statutory interest under section 69 of the County Courts Act 1984 (8% simple per annum) and costs;
— report the matter to Trading Standards and, where applicable, the Financial Conduct Authority.

All correspondence should be directed to David Clarke at the address above.

YOURS FAITHFULLY,

David Clarke

Cardholder — 9 March 2026

Date: ____________________

What Is a Section 75 Claim?

A Section 75 claim is a statutory right under Section 75 of the Consumer Credit Act 1974 that makes your credit card provider jointly and severally liable with the supplier for breaches of contract or misrepresentation. It applies to purchases made with a credit card where the cash price of a single item or service is between GBP 100 and GBP 30,000.

This means that if a supplier fails to deliver goods, provides faulty products, goes into liquidation or misrepresents what you are buying, you can claim the full amount back from your credit card company. You do not need to exhaust your remedies against the supplier first.

Section 75 protection is one of the strongest consumer rights in United Kingdom law. It applies even if only part of the purchase was paid by UK credit card, provided the total cash price falls within the GBP 100 to GBP 30,000 range. It does not apply to charge cards, debit cards or purchases made through intermediaries like PayPal in certain circumstances under British law.

What's Covered in This Template

Our Section 75 claim template helps you present a clear case to your credit card provider.

Your Details

Full name, address and credit card account details identifying you as the cardholder.

Credit Card Provider Details

Name and address of the card issuer to whom the claim is directed.

Transaction Details

Date of purchase, amount charged to the credit card, supplier name and description of goods or services.

Nature of the Claim

Whether the claim is for breach of contract, misrepresentation or both.

Description of the Problem

Detailed account of what went wrong, including how the goods or services failed to meet expectations or contractual terms.

Supplier Contact Attempts

Record of attempts to resolve the matter directly with the supplier, including dates and outcomes.

Amount Claimed

The specific amount you are claiming from the credit card provider, with a breakdown if necessary.

Legal Basis

Express reference to Section 75 of the Consumer Credit Act 1974 and the basis of joint liability.

Supporting Evidence

List of documents enclosed including receipts, correspondence, photographs and expert reports.

Response Deadline

A reasonable deadline for the credit card provider to respond, typically eight weeks.

How to Make a Section 75 Claim

Follow these steps to submit a strong Section 75 claim to your credit card provider.

1
Verify Eligibility
Check that the purchase was made with a credit card (not debit), the single item or service cost between GBP 100 and GBP 30,000, and there was a breach of contract or misrepresentation.
2
Gather Evidence
Collect receipts, credit card statements, photos of faulty goods, contracts, advertisements and all correspondence with the supplier.
3
Contact the Supplier First
While not legally required, attempting to resolve with the supplier strengthens your claim and demonstrates good faith.
4
Complete the Claim Letter
Use the template to set out the transaction details, explain the problem, reference Section 75 and specify the amount you are claiming.
5
Submit and Follow Up
Send the claim letter and evidence to your credit card provider. They have eight weeks to issue a final response before you can escalate to the Financial Ombudsman Service.

Legal Considerations

Section 75 provides powerful statutory protection but has specific conditions that must be met.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

Price Threshold

Section 75 in the UK applies where the cash price of the item or service is more than GBP 100 and not more than GBP 30,000. The threshold applies to the individual item price, not the total transaction. If you paid partially by UK credit card and partially by other means, Section 75 still applies provided the total item price meets the threshold.

Joint and Several Liability

Section 75 creates joint and several liability under English law between the supplier and the credit card company. This means the British consumer can claim the full amount from either party. You do not need to pursue the supplier first, which is particularly valuable if the supplier has gone out of business.

Breach of Contract and Misrepresentation

The claim must be based on a breach of contract by the supplier or a misrepresentation made by the supplier under United Kingdom law. A breach of contract includes failure to deliver, supplying faulty goods or not providing the agreed service. Misrepresentation covers false statements of fact that induced the purchase.

Limitation Period

UK Section 75 claims are subject to the standard limitation periods under the Limitation Act 1980. For breach of contract in England and Wales, the claim must be brought within six years. For misrepresentation, the limitation period is six years from the date the cause of action accrued.

Frequently Asked Questions

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